Terms of Service

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

The Service includes:

• AI voice agents with natural language processing capabilities
• Phone number provisioning and call routing
• Real-time call analytics and transcriptions
• Integration with third-party applications and services
• API access for custom implementations
• Dashboard for managing agents and viewing analytics
• Multi-language support (English, Spanish, and others)
• Voice biometric capabilities (where enabled)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that may affect your use of the Service.

We are not liable for any modification, suspension, or discontinuation of the Service.

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You are responsible for maintaining the confidentiality of your account credentials. We recommend:

• Using strong, unique passwords
• Enabling multi-factor authentication (MFA)
• Not sharing your credentials with others
• Logging out after each session on shared devices
• Regularly reviewing account activity for suspicious behavior

VaniAgent is not liable for any loss or damage arising from your failure to maintain account security.

You may terminate your account at any time through your account settings or by contacting support. Upon termination, your access to the Service will cease, and your data will be handled according to our Privacy Policy and data retention policies.

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for fraudulent, deceptive, or illegal activities
• Make unsolicited calls or spam (must comply with TCPA, CAN-SPAM, and similar laws)
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit viruses, malware, or harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service without authorization
• Collect or harvest user data without consent
• Use the Service in a way that could damage VaniAgent's reputation

When using the Service, you must comply with:

• Telephone Consumer Protection Act (TCPA) and similar telemarketing laws
• CAN-SPAM Act for electronic communications
• GDPR for EU data subjects
• CCPA for California residents
• HIPAA for healthcare-related communications (if applicable)
• Industry-specific regulations applicable to your business
• Recording consent laws in applicable jurisdictions

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including:

• Removing or disabling access to violating content
• Suspending or terminating accounts
• Reporting violations to law enforcement
• Taking legal action to recover damages

VaniAgent offers multiple pricing tiers (Starter, Professional, Enterprise) with different features and usage limits. Current pricing is available at vaniagent.com/pricing.

• Subscription fees are billed in advance on a monthly or annual basis
• Usage-based charges (call minutes, API calls) are billed monthly in arrears
• All fees are non-refundable except as required by law
• Prices are subject to change with 30 days notice
• You authorize us to charge your payment method on file

We may offer a free trial period for new customers. During the trial:

• You have access to specified features and usage limits
• No payment method is required unless you upgrade
• The trial automatically expires unless you subscribe to a paid plan
• We reserve the right to modify or discontinue free trials at any time

We accept major credit cards and other payment methods as displayed during checkout. You agree to:

• Provide current, complete, and accurate payment information
• Update payment information promptly if it changes
• Pay all charges incurred under your account
• Pay applicable taxes (sales tax, VAT, GST) as required by law

If payment fails or is past due:

• We will attempt to charge your payment method multiple times
• Your account may be suspended until payment is received
• We may charge late fees as permitted by law
• Continued non-payment may result in account termination
• You remain responsible for all charges incurred before suspension

When you use the Service, you may provide us with personal data of your customers or end users. In such cases:

• You are the data controller and we are the data processor
• You must have a lawful basis for processing personal data
• You must obtain necessary consents from data subjects
• You are responsible for complying with applicable data protection laws
• We process data only according to your instructions and our Privacy Policy

For healthcare customers handling Protected Health Information (PHI), VaniAgent provides HIPAA-compliant services:

• We will enter into a Business Associate Agreement (BAA) upon request
• HIPAA-compliant infrastructure is available for healthcare customers
• PHI is encrypted in transit and at rest
• Access controls and audit logging are implemented
• We comply with HIPAA Security Rule and Privacy Rule requirements
• Breach notification procedures are in place

To request a BAA or discuss HIPAA compliance, contact us at compliance@vaniagent.com

The Service may record phone conversations for quality assurance, training, and analytics. You are responsible for:

• Obtaining necessary consent from call participants before recording
• Complying with federal and state recording consent laws
• Providing appropriate notice that calls may be recorded
• Ensuring compliance with two-party consent states where applicable
• Handling recorded data in accordance with applicable privacy laws

The Service, including all software, technology, content, trademarks, and materials, is owned by VaniAgent and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices or labels
• Use VaniAgent trademarks without written permission
• Frame or mirror any part of the Service
• Use the Service to build a competitive product

You retain all rights to the data and content you provide to the Service ("Customer Data"). By using the Service, you grant us a limited license to:

• Store, process, and transmit Customer Data to provide the Service
• Use anonymized and aggregated data to improve the Service
• Create backups and copies for disaster recovery
• Access Customer Data to provide support and troubleshoot issues

You represent and warrant that you have all necessary rights to provide Customer Data to us and that it does not violate any third-party rights or applicable laws.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors or defects will be corrected
• The Service will be compatible with all systems or devices

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VANIAGENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Our total liability for all claims related to the Service shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, or
• $100 USD

You agree to indemnify, defend, and hold harmless VaniAgent and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Customer Data or content
• Your violation of applicable laws or regulations

You may terminate your account at any time by:

• Canceling your subscription through your account settings
• Contacting our support team at support@vaniagent.com
• Following the cancellation process in your dashboard

Upon termination, you will not receive a refund for any prepaid fees, and you remain responsible for any outstanding charges.

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for fraudulent or illegal activities
• You fail to pay fees when due
• We are required to do so by law
• Continuing to provide the Service creates a security risk
• You engage in abusive behavior toward our staff or other users

Upon termination of your account:

• Your access to the Service will immediately cease
• Your data will be handled according to our Privacy Policy
• You may request a data export within 30 days of termination
• We may delete your data after the retention period
• Provisions that should survive termination will remain in effect

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through:

1. Good faith negotiations between the parties
2. Binding arbitration if negotiations fail (except for injunctive relief)
3. Arbitration conducted under the rules of the American Arbitration Association
4. Arbitration held in Delaware or remotely by mutual agreement

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, and you waive any objection to venue in those courts.