Provider Name:
VoiceCalls.io
Website:
voicecalls.io
Contact Email:
support@voicecalls.io
1.1 This Terms of Service Agreement ("Agreement") is a legally binding contract between you ("Customer," "End User," or "you") and VoiceCalls.io ("Provider," "we," or "us"). By creating an account or using our services, you agree to be bound by this Agreement.
1.2 VoiceCalls.io operates as an authorized reseller and white label partner of the VoiceCalls.io platform, a product of Health IT Services ("HIT"). The services provided to you are powered by the VoiceCalls.io platform infrastructure.
1.3 "Services" refers to all products, features, tools, APIs, voice services, drip campaign functionality, automated outreach tools, and SaaS offerings made available through VoiceCalls.io at voicecalls.io.
1.4 "Platform" refers to the underlying VoiceCalls.io technology platform, including all associated software, infrastructure, and intellectual property owned by HIT.
1.5 Your contractual relationship is with VoiceCalls.io (the Provider). You have no direct contractual relationship with HIT. HIT is the underlying platform technology provider and is a protected third-party beneficiary of this Agreement with the right to enforce any and all protections, limitations, and disclaimers contained herein directly against you. You may not bring any claim, action, or proceeding of any kind directly against HIT.
2.1 You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.
2.2 You are solely responsible for all activity that occurs under your account, whether or not authorized by you.
2.3 You must be at least 18 years of age and have the legal capacity to enter into this Agreement.
2.4 You agree to notify VoiceCalls.io immediately of any unauthorized use of your account or any other security breach.
You are directly and independently responsible for ensuring that your use of the Services complies with all applicable federal, state, local, and international laws and regulations in every jurisdiction where you operate. Your obligations exist independently of any separate obligations VoiceCalls.io may have to the Platform provider. This includes but is not limited to:
You are solely responsible for obtaining, maintaining, and documenting all required consents before initiating any communications through the Services. This includes maintaining proper prior express consent records for all contacts in drip campaigns and honoring all opt-out requests promptly.
You are directly and independently responsible for scrubbing your contact lists against all applicable federal, state, and internal Do-Not-Call (DNC) registries before initiating any communications through the Services. Your compliance obligations exist independently of any obligations VoiceCalls.io may have to the Platform. While the Services may include optional tools or features designed to assist you with DNC list scrubbing, you acknowledge and agree that:
The Services shall not be used for any malicious, fraudulent, harassing, threatening, defamatory, illegal, or harmful purpose. Prohibited uses include but are not limited to:
If you engage in any prohibited use or violate any applicable law while using the Services, you bear full responsibility for all resulting consequences, including any fines, penalties, legal claims, or damages. Your account may be suspended or terminated immediately, without refund, at the discretion of VoiceCalls.io or HIT. Both VoiceCalls.io and HIT independently reserve the right to take action against you, including but not limited to account termination, legal action, and recovery of damages. Any action taken by VoiceCalls.io does not limit HIT's rights, and vice versa.
4.1 VoiceCalls.io is your direct point of contact for all customer support, billing inquiries, technical assistance, and service-related questions. All support requests should be directed to VoiceCalls.io at support@voicecalls.io.
4.2 VoiceCalls.io is committed to providing timely and responsive support to all customers and shall make commercially reasonable efforts to resolve issues in a prompt manner.
5.1 All intellectual property rights in the Services and the underlying Platform — including but not limited to software, code, algorithms, processes, trade secrets, designs, trademarks, and proprietary technology — are and remain the sole and exclusive property of HIT and its creators. No ownership, title, or intellectual property rights of any kind are transferred to you under this Agreement.
5.2 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes only, subject to the terms of this Agreement.
5.3 You shall not reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying technology of the Services or Platform.
6.1 You agree to pay all fees associated with your use of the Services in accordance with the pricing and billing terms presented to you at the time of purchase or subscription.
6.2 No Refunds. There are absolutely no refunds offered for any reason, including but not limited to service interruptions, termination, dissatisfaction, or any other reason whatsoever.
7.1 VoiceCalls.io and/or HIT reserve the right to suspend or terminate your account and access to the Services at any time, for any reason, at their sole and absolute discretion, including but not limited to violations of this Agreement or applicable law.
7.2 Upon termination:
8.1 To the maximum extent permitted by law, neither VoiceCalls.io nor HIT (including HIT's owners, officers, directors, developers, team members, contractors, affiliates, and related companies) shall be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, arising from or related to this Agreement or your use of the Services, regardless of the theory of liability.
8.2 In no event shall the total aggregate liability of VoiceCalls.io or HIT exceed the amount of fees actually paid by you in the thirty (30) days immediately preceding the event giving rise to the claim.
8.3 The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.4 HIT, as the underlying platform provider, bears no liability whatsoever for your use of the Services, any actions taken by VoiceCalls.io, or any disputes between you and VoiceCalls.io. All such matters are solely between you and VoiceCalls.io.
8.5 Neither HIT nor VoiceCalls.io guarantees uninterrupted, error-free, or secure access to the Services. The Services may be subject to delays, outages, or interruptions. Neither HIT nor VoiceCalls.io shall be liable for any loss or damage resulting from service unavailability, downtime, or technical failures.
9.1 You agree to hold completely harmless HIT, its owners (including Jeff Cline and Gary Mathis individually), officers, directors, developers, team members, contractors, affiliates, and related companies from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to:
9.2 You agree to hold harmless VoiceCalls.io, its owners, officers, and employees from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to:
9.3 You agree to indemnify and defend both VoiceCalls.io and HIT (and their respective owners, officers, directors, employees, contractors, and affiliates) against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from your breach of this Agreement, your violation of any law, any third-party claims related to your use of the Services, or any regulatory action or investigation triggered by your activities on the Platform.
9.4 The hold harmless and indemnification obligations in this Section 9 shall survive termination of this Agreement and your account indefinitely, and shall apply regardless of any negligence or fault on the part of HIT or VoiceCalls.io.
10.1 Your account data, usage records, and associated information may be accessed by both VoiceCalls.io and HIT for the purposes of providing, maintaining, and improving the Services.
10.2 You are solely responsible for the data you upload, transmit, or process through the Services, including ensuring that you have all necessary rights and consents to use such data.
10.3 Neither HIT nor VoiceCalls.io shall be liable for any loss, corruption, unauthorized access, or breach of data that you upload, transmit, or store through the Services. You are solely responsible for maintaining your own backups of any critical data.
11.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
11.2 Any disputes arising from this Agreement shall be resolved exclusively in the state or federal courts located in Texas. You consent to personal jurisdiction in Texas and waive any objection to venue.
11.3 In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.
11.4 You waive any right to a jury trial in connection with any dispute arising under this Agreement.
11.5 You agree that any disputes will be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against VoiceCalls.io, HIT, or any of their affiliates.
12.1 Entire Agreement. This Agreement constitutes the entire agreement between you and VoiceCalls.io regarding your use of the Services and supersedes all prior agreements, understandings, or representations.
12.2 Amendments. VoiceCalls.io and/or HIT reserve the right to amend these Terms at any time. Continued use of the Services after notification of changes constitutes acceptance.
12.3 Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
12.4 Waiver. Failure to enforce any provision does not constitute a waiver of future enforcement.
12.5 Assignment. You may not assign or transfer this Agreement without prior written consent. VoiceCalls.io and HIT may assign this Agreement freely.
12.6 Force Majeure. Neither VoiceCalls.io nor HIT shall be liable for delays or failures caused by events beyond reasonable control.
12.7 Notices. All legal notices must be in writing and delivered to the email addresses specified in this Agreement.
12.8 Relationship of Parties. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship between you and VoiceCalls.io or HIT.
By creating an account and using the Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. You further acknowledge that VoiceCalls.io is an authorized reseller of VoiceCalls.io platform services and that the underlying platform technology is owned and operated by Health IT Services (HIT). You acknowledge that you have had the opportunity to seek independent legal counsel.