Effective Date: 14th February 2025

Welcome to VoxApp! These Terms and Conditions (“Terms”) govern your use of the VoxApp website, system, and services (“Service”) provided by VoxApp Ltd (“we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

1. Definitions

• VoxApp Ltd: The legal entity providing the Service, registered in New Zealand.
• You, your: The individual or entity using the Service.
• Service: The VoxApp platform, including its website, system, APIs, and any related services.
• Credits: Units purchased and used to make or receive calls through the Service.
• API: Application Programming Interface provided by VoxApp for integration with third-party systems.
• Data: Any information, files, or content submitted by you or generated through your use of the Service.
• Third-Party Services: Services, software, or applications provided by third parties that integrate with or are used alongside the Service.
• Sensitive Personal Information: Data that includes, but is not limited to, health information, financial data, social security numbers, or other information classified as sensitive under applicable laws (e.g., HIPAA, GDPR).

2. Use of the Service

2.1 Access

• You may access the Service by creating an account and purchasing Credits.
• No Emergency Services: VoxApp does not replace traditional telephone services or provide access to emergency calling (e.g., 111, 911). You acknowledge and agree that you will not use the Service for emergency communications.

2.2 Credits

• Credits do not expire.
• Credits are consumed when you make or receive calls through the Service.
• Credits have no monetary value and cannot be refunded or exchanged for cash.

2.3 API Usage

• API access is subject to additional fees, which will be advised at the time of request.
• You must not use the API in a way that disrupts the Service, violates these Terms, or infringes on third-party rights.
• We reserve the right to limit or revoke API access if we determine that your usage is excessive, abusive, or harmful to the Service.

3. Your Obligations

You agree to:

1. Provide accurate and complete information when creating an account.
2. Use the Service lawfully and not for fraudulent, harmful, or illegal purposes.
3. Not reverse engineer, decompile, or attempt to extract the source code of the Service.
4. Be responsible for all activity under your account, including actions taken by anyone you authorize to use the Service.
5. Notify us immediately if you become aware of any unauthorized use of your account or any other security breach.
6. Not use the Service to collect, store, process, or transmit any Sensitive Personal Information, except as otherwise expressly agreed in writing.
7. Not engage in any unsolicited advertising, marketing, or other activities using the Service, including activities that violate spam, privacy, or GDPR laws.

You further agree not to upload or transmit Data that is unlawful, defamatory, obscene, harassing, infringing, or otherwise objectionable.

4. Fees and Payments

4.1 Fees

• Fees for Credits and any additional features (including API usage) will be clearly communicated before purchase.
• All fees quoted are exclusive of taxes, withholding, levies, duties, and tariffs. You are responsible for paying all applicable taxes.

4.2 Payment

• Payment is due upon purchase, and all fees are non-refundable unless required by law.
• We may suspend or terminate your access to the Service if payment is not received when due.

4.3 Fee Increases

• Month-to-Month Customers: We may increase fees with 30 days’ notice.
• Annual Customers: Fees remain fixed for the duration of the annual term. Any increase will apply upon renewal.

4.4 Canceling or Opting Out

• You can opt out of the Service by canceling your account before the next billing cycle begins. Once canceled, you will not be charged for subsequent cycles.

5. Data and Privacy

5.1 GDPR Compliance

Where applicable, VoxApp Ltd acts as a data processor under the General Data Protection Regulation (GDPR). We process personal data in accordance with our Data Processing Agreement and our Privacy Policy.

5.2 Removal of Data

• If we receive a complaint that Data stored in your account breaches applicable law, we will notify you promptly.
• You must investigate the complaint and advise us within 1 business day of the action you have taken or will take to address the complaint.
• If you fail to respond or take action, and we have a reasonable basis to believe the Data violates applicable laws or third-party rights, we may remove the relevant Data from your account.

6. Intellectual Property Rights

6.1 Ownership of VoxApp IP

All intellectual property rights in the Service, including but not limited to software, algorithms, APIs, designs, trademarks, logos, and documentation, are owned by VoxApp Ltd or its licensors.

6.2 License to Use the Service

Subject to your compliance with these Terms, VoxApp Ltd grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes.

6.3 Your Data and Intellectual Property

• You retain ownership of any intellectual property rights in the Data you submit to the Service.
• By using the Service, you grant VoxApp Ltd a non-exclusive, worldwide, royalty-free license to use, process, store, and display your Data solely for the purpose of providing the Service.

7. Confidential Information

• Both parties agree to protect each other’s Confidential Information and use it only for the purposes of fulfilling these Terms.
• Confidential Information includes, but is not limited to, business plans, technical data, and customer information.
• This obligation survives termination of these Terms.

8. Third-Party Services

8.1 Connecting Third-Party Services

• You may connect Third-Party Services to your VoxApp account. Before doing so, you must review and agree to the terms and privacy policies of the Third-Party Service.

8.2 No Liability for Third-Party Services

• VoxApp Ltd is not responsible for the availability, functionality, or content of Third-Party Services.
• You acknowledge that any use of Third-Party Services is at your own risk.

8.3 Access to Your Data by Third Parties

• If you connect a Third-Party Service to your VoxApp account, you grant VoxApp Ltd permission to allow the Third-Party Service to access your Data as required for interoperability.

9. Publicity

• You consent to VoxApp Ltd disclosing that you are a customer, including the use of your company name and branding on our website and marketing materials.
• If you wish to opt out of this provision, you may do so by contacting us in writing.

10. Termination

10.1 By You

• You may stop using the Service at any time by closing your account.

10.2 By Us

• We may suspend or terminate your account if:
  1. You breach these Terms.
  2. Payment is not received when due.
  3. We have a reasonable basis to believe your use of the Service is harmful or violates applicable laws.

10.3 Effect of Termination

• Upon termination, any remaining Credits you hold will not be refunded.
• Your account will be deactivated, and you will lose access to the Service.
• Data Deletion: Your Data will be deleted within 30 days of termination of your account. It is your responsibility to export any Data you wish to retain before account closure or termination.

11. Disclaimer of Warranties

• “As Is” and “As Available”: Except as expressly stated, VoxApp Ltd provides the Service “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.
• No Guarantee: We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Liability

12.1 Limitation of Liability

To the extent permitted by law, our total liability for any claims arising from these Terms or your use of the Service is limited to the amount you paid for the Service in the last 6 months.

12.2 Exclusion of Liability

We are not liable for:

1. Indirect, consequential, or incidental damages.
2. Loss of data, profits, or business opportunities.
3. Interruptions or downtime of the Service due to maintenance, technical issues, or events beyond our control.

Nothing in these Terms excludes or limits any right or liability that cannot be excluded or limited by law.

13. Indemnification

13.1 Indemnification by Customer

You agree to indemnify, defend, and hold harmless VoxApp Ltd from and against any and all third-party claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising from or relating to:

1. Your Data.
2. Your use of Third-Party Services or Third-Party Platforms.
3. Your breach or alleged breach of these Terms.

14. Governing Law

These Terms are governed by the laws of New Zealand.
Any disputes arising from these Terms or your use of the Service will be resolved in the courts of New Zealand.

15. Modifications to the Terms

• We may update these Terms from time to time. If we make significant changes, we will notify you (for example, via email or a notice on our website) at least 30 days before the changes become effective.
• By continuing to use the Service after the effective date of any updated Terms, you agree to be bound by the revised Terms.

16. Miscellaneous

• Force Majeure: Neither party will be liable for any delay or failure to perform its obligations due to events beyond its reasonable control (e.g., natural disasters, government actions, internet outages).
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Failure by either party to enforce any right under these Terms is not a waiver of that right.
• Assignment: You may not assign or transfer these Terms without our prior written consent. VoxApp Ltd may assign these Terms without restriction.
• Entire Agreement: These Terms (together with any referenced agreements or policies) constitute the entire agreement between you and VoxApp Ltd regarding the Service and supersede all prior agreements.

17. Contact Us

If you have questions about these Terms or the Service, please contact us at:

• Email: support@voxapp.com

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