TOS & Regulations

Terms of Service Agreement

Effective Date: March 9, 2025

Each country has its own regulations regarding telephone calls, how they are initiated and how automation is or isn’t allowed. We’ll reference some US-centric rules, regulations and best practices below, but SEEK LEGAL ADVICE as you use Voiceoo or make any calls in your business or personal activities. Nothing below is to be considered legal advice.

The United States TCPA and General Best Practices:

Voiceoo’s AI-powered Voicemail drops are designed specifically as a tool for businesspeople to use. We do NOT allow for use of Voiceoo to leave “ringless voicemail” where calls bypass the ability for the recipient of the call to answer the phone. Similarly, please use for yourself or staff your teams so that if the person you are calling, answers the phone, talk to them. Voiceoo is designed for the scenario where the recipient does not answer, and you have a specific message you would like to leave them, personalized to them.

Voiceoo is not a robotic dialer. Read the US TCPA and have your legal counsel adv and Voiceoo expect you to act respectfully this includes checking Do Not Call lists if your activity is covered by that requirement. Voiceoo does not accept any responsibility for your failure to adhere to rules and regulations.  Also, adhere to privacy regulations in your country, state or other jurisdiction. 

 

1. Introduction and Acceptance of Terms

BY ACCESSING, REGISTERING FOR, PURCHASING ACCESS TO, OR OTHERWISE USING OUR SERVICES (“SERVICES”), YOU (“CLIENT” OR “YOU”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICES.

These Terms constitute a legally binding agreement between you and our company (“Company,” “we,” “us,” or “our”) regarding your use of our Services, which may include power dialer functionality, data services, and related features.

We are happy to negotiate alternative terms so long as that takes place before your use of our Services. Any questions concerning this agreement should be referred to our legal department.

2. Service Description and License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business purposes during the Term of this Agreement. This authorization permits use of the Services by your Authorized Users for Permitted Uses only.

No ownership rights in the Services are transferred to you. We retain all ownership rights in the Services, technologies, and content. All rights not expressly granted to you in these Terms are reserved by us and our licensors.

Our company is not a data broker or lead generator. Rather, we provide a telephone technology platform. As such, we have no ability, are not responsible for, and assume no obligations regarding the source or accuracy of your telephone number lead data, which must be selected by Client.

3. Regulatory Compliance Framework

3.1 General Compliance Requirements

We maintain a commitment to be in compliance with all applicable data, privacy, and security regulations, including but not limited to the General Data Protection Regulation (GDPR), Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and SOC 2 certification standards16. While we implement appropriate measures to facilitate compliance, both parties have distinct responsibilities in maintaining regulatory compliance.

3.2 SOC 2 Compliance

We maintain SOC 2 compliance covering the Trust Services Criteria as established by the American Institute of Certified Public Accountants (AICPA)38. Our SOC 2 framework addresses:

  1. a) Security: Protection of system resources against unauthorized access
    b) Availability: System availability for operation and use as committed or agreed
    c) Processing Integrity: System processing that is complete, valid, accurate, timely, and authorized
    d) Confidentiality: Information designated as confidential is protected as committed or agreed
    e) Privacy: Personal information is collected, used, retained, disclosed, and disposed of in accordance with our privacy policy

The Service Organization Controls (SOC) framework was developed by the AICPA to serve as a standard for controls that maintain the confidentiality and privacy of information stored and processed in the cloud.

3.3 GDPR Compliance

For Clients processing personal data of European Union residents, the following GDPR provisions apply:

  1. a) We act as a data processor when processing personal data on your behalf. You remain the data controller with primary responsibility for the lawfulness of processing.
  2. b) Personal data will only be processed according to your documented instructions and for the purpose of providing the Services.
  3. c) We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption, access controls, and regular security assessments.
  4. d) You have the right to request the deletion of EU residents’ personal data when required by GDPR provisions, including the “right to be forgotten,” subject to legal retention requirements.

3.4 TCPA and Telecommunications Compliance

The TCPA requires organizations to obtain prior express written consent from individuals before using an auto-dialer to call them. This rule applies regardless of whether the call is for a commercial purpose or not. Following the Supreme Court’s April 1, 2021 decision in Facebook v. Duguid, the definition of an automatic telephone dialing system (ATDS) under TCPA has been narrowed.

The following provisions apply to your use of our Services:

  1. a) You are solely responsible for complying with the TCPA, TSR, and other applicable telecommunications laws when using our Services.
  2. b) You must not use our Services to contact telephone numbers on the National Do Not Call Registry, except where you have an established business relationship or prior express consent as defined by applicable regulations.
  3. c) An established business relationship exists for 18 months after a consumer’s last purchase, delivery, or payment, or for 3 months after a consumer makes an inquiry or submits an application.
  4. d) Even where an established business relationship exists, you must honor individual requests not to call and maintain your own internal do-not-call list.
  5. e) You acknowledge that violations of the TCPA may result in significant statutory penalties, and you assume full responsibility for such compliance.

4. Client Responsibilities

4.1 Authorized Users

You shall ensure that all Authorized Users comply with these Terms. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you or your Authorized Users.

4.2 Selection of Compliant Data Sources

It is solely the client’s responsibility to select compliant data sources. You must:

  1. a) Ensure that any data uploaded to or processed through our Services was lawfully collected and with appropriate consent where required by applicable laws.
  2. b) Verify that your data sources respect opt-out requests and do-not-call designations as required by applicable laws.
  3. c) Maintain appropriate documentation regarding the source and consent status of data processed through our Services.

4.3 Prohibited Uses

The purpose of the Services is to enable you to contact and have meaningful conversations with your customers, and with prospective customers who you are legally permitted to call. The Services are intended for maintaining existing business relationships and relationships with new customers who have asked or agreed to be contacted specifically about your products and services.

Using the Services to send illegal, unwanted, excessive, or abusive calls and messages is prohibited. Prohibited uses include but are not limited to:

  1. a) Using the Services to contact individuals who have not provided appropriate consent or with whom you do not have an established business relationship as defined by applicable law.
  2. b) Using the Services in a manner that violates the TCPA, GDPR, TSR, or other applicable laws.
  3. c) Transferring, uploading, or processing data that was not lawfully collected.
  4. d) Attempting to bypass any technical restrictions or security measures implemented in the Services.

5. Data Privacy and Protection

5.1 Data Collection Limitations

Personal data collected through the Services should be limited to information needed to meet your legitimate business objectives and consistent with privacy commitments and system requirements. You agree to:

  1. a) Collect only the minimal amount of data required to achieve your purpose.
  2. b) Not hold personal information any longer than it is needed to meet your business objectives.
  3. c) Appropriately secure personal data to ensure its integrity and confidentiality.

5.2 Transparency and Consent

You must inform data subjects about your privacy practices through a clear privacy notice. You must obtain appropriate consent from data subjects regarding the collection, use, retention, disclosure, and disposal of their personal information as required by applicable law.

6. Service Levels and Support

We will use commercially reasonable efforts to provide the Services in accordance with the service levels specified in your Agreement. We will provide support for the Services as outlined in your Agreement.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (B) $100.00 USD.

9. Indemnification

You will defend, indemnify, and hold harmless our company, our affiliates, and their respective employees, officers, directors, and representatives from and against any claims arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms or any applicable law; (c) your Content; or (d) your violation of any telecommunications law, including the TCPA.

10. Term and Termination

Either party may terminate this Agreement for convenience upon thirty (30) days’ written notice to the other party. We may suspend your access to the Services or terminate this Agreement immediately upon notice if you breach any provision of these Terms.

11. Force Majeure

Neither party will be liable for any delay or failure to perform any obligation under this Agreement due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster.

12. General Provisions

12.1 Governing Law

This Agreement will be governed by the laws of the state of New York, without reference to conflict of law rules.

12.2 Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in New York, NY in accordance with the commercial arbitration rules of the American Arbitration Association.

12.3 Modifications

We may modify these Terms at any time by posting a revised version on our website or by otherwise notifying you. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Voiceoo Inc
333 Mamaroneck Ave, White Plains, NY 10605
info@voiceoo.com