These Terms of Use (“Terms”) govern Your access to and use of the website https://www.voicing.ai/ and the digital platform namely ‘Voicing AI’ (collectively referred to as “Platform”) owned by VOICING.AI, a company incorporated under the laws of Delaware, United States of America, with its registered office at 850 New Burton Road, Suite 201, Dover, Delaware 19904, County of Kent. The Platform is operated by VOICING.AI and its group companies including Voicing AI Tech Private Limited (collectively “Company”, “We”, “Us”, or “Our”). By accessing the Platform, you (“You”/ “Your”/ “User(s)”) agree to these Terms. Your access to and use of the Platform and the Services (defined below) is conditioned on Your acceptance of and compliance with these Terms. Therefore, please read these Terms and the Privacy Policy of the Platform (“Privacy Policy”) carefully before accessing Our the Platform or using Our Services. “Services” for the purposes of these Terms means services in relation to Your use of artificial intelligence powered software of the Company including availing periodic updates and improvements etc. being provided to You by the Company in relation to such artificial intelligence powered software(s).
If You do not agree with these Terms, please do not access the Platform or use Our Services. These Terms constitute a binding agreement and an electronic record under applicable laws. By accessing Our Platform or by utilizing our Services, You accept these Terms and the Privacy Policy and agree to be legally bound by the same.
The Company retains an unconditional right to modify or amend these Terms and Privacy Policy and notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check the Terms periodically for changes. Your continued usage of the Platform shall signify Your consent to such changes and agreement to be legally bound by the same.
1. Use of the Platform and Services
1.1 You are responsible for ensuring that when You access the Platform and/or use Our Services, You are aware of the Terms, and other applicable terms and conditions, and for complying with them to the fullest extent.
1.2 You agree to use the Platform and/or Services only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable laws, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or any other Users.
1.3 You agree not to access (or attempt to access) the Platform and/or Services in any means other than through the interface that is provided by the Company.
1.4 You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform , or in any way reproduce or circumvent the navigational structure or presentation of the Platform to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
1.5 Further, You undertake not to upload, transmit, store, or update any information on the Platform that:
- 1.5.1. belongs to another person and to which the User does not have any right;
- 1.5.2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws;
- 1.5.3. is harmful to a child;
- 1.5.4. infringes any patent, trademark, copyright, or other proprietary rights;
- 1.5.5. violates any law for the time being in force;
- 1.5.6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- 1.5.7. impersonates another person;
- 1.5.8. threatens the unity, integrity, defence, security or sovereignty of the jurisdiction where the Company is setup, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting another nation;
- 1.5.9. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
- 1.5.10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- 1.5.11. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
- 1.5.12. violate the Terms contained herein or elsewhere and/or the Privacy Policy; and
- 1.5.13. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
1.6 In relation to Platform and/or Services, You must not:
- 1.6.1 use the Platform and/or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or any Policy, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any part of the Platform and/or Services;
- 1.6.2 infringe Company’s intellectual property rights or those of any third party in relation to its use of the Platform and/or Services;
- 1.6.3 use the Platform in a way that could damage, disable, overburden, impair or compromise Company’s systems or security or interfere with other users;
- 1.6.4 interfere or disrupt the operation of Platform and/or Services or the servers or networks used to make the Platform and/or Services available, including by hacking or defacing any portion of the Platform and/or Services, or violate any requirement, procedure or policy of such servers or networks;
- 1.6.5 restrict or inhibit any other person from using the Platform and/or Services or any part thereof;
- 1.6.6 reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or use any of) Platform and/or Services except as expressly authorized herein, without our express prior written consent;
- 1.6.7 reverse engineer, decompile or disassemble any portion of the Platform and/or Services, except where such restriction is expressly prohibited by applicable laws;
- 1.6.8 frame or mirror any portion of the Platform and/or Services, or otherwise incorporate any portion of any Platform and/or Services into any frame or service, without our express prior written consent;
- 1.6.9 systematically download and store any part of the Platform and/or Services in a manner not expressly permitted in writing by the Company;
- 1.6.10 use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or otherwise gather digital content, or reproduce or circumvent the navigational structure or presentation of the Platform and/or Services without Company’s express prior written consent; or
- 1.6.11 attempt to decipher any transmissions to or from the servers running any service.
2. General Disclaimers of Warranties & Liability
2.1 You expressly understand and agree that, to the maximum extent permitted by applicable law:
- 2.1.1 The Platform and Services are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
- 2.1.2 Company or its affiliates will not be liable for any loss, damage, liability that You may incur as a consequence of Your use of the Platform, under applicable laws.
- 2.1.3 Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.
- 2.1.4 Company waives and disclaims, to the maximum extent permissible under applicable law, any representations, warranties, declarations or guarantees regarding all warranties of any kind, whether express, implied or statutory, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non- infringement or quiet enjoyment.
- 2.1.5 The Company does not warrant that the functions contained in the Platform or Services will meet Your requirements or be available, timely, secure, uninterrupted or error free, and the Company will not be liable for any Service interruptions, including, but not limited to system failures or other interruptions.
- 2.1.6 The Company shall not be liable for any loss, damage or liability that You incur by or as a result of the use of the Platform and/or any corruption, loss or deletion of Your data or information.
- 2.1.7 In relation to any information or recommendations provided by the Company, You hereby agree and acknowledge that the Company provide such Services on a good faith and best- efforts basis. Any such information or recommendations provided is only suggestive in nature and should be adopted at Your sole prerogative and basis Your own judgement. Any loss or damage caused to You or resulting, directly or indirectly, from such information / recommendation in any manner whatsoever, shall be solely Your responsibility, to the total exclusion of the Company.
- 2.1.8 The Company disclaims all liability for any risks, direct, indirect or ancillary, whether in relation to the Platform and/or Services, that may be caused to You flowing from Your use of the Platform and/or Services.
- 2.1.9 All information, materials and documents made available on the Platform regarding the products and Services are purely for informational purposes.
3. Violation of Terms
3.1 You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
4. Suspension and Termination
4.1 The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to stop accessing the Platform and/or the Services.
4.2 The Company may block Your access to the Platform and/or Services if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Policy or anyway otherwise acted unethically. Notwithstanding anything in this Section, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
4.3 If You or the Company terminate Your use of the Platform and/or Services, the Company may delete any materials relating to You and the Company shall have no liability to You or any third party for doing so.
4.4 You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.
5. Governing Law and Jurisdiction
5.1 These Terms and Your use of the Platform and Services shall be governed and construed in accordance with applicable laws of the jurisdiction where the Company is setup . You agree to submit to the exclusive jurisdiction of Courts in Delaware.
6. Miscellaneous
6.1 Conflicts. In case of any conflict between these Terms and any agreement that the Company may have executed with You separately, the terms of such Agreement shall prevail over these Terms.
7. Grievance Officer:
7.1 If You have any grievance with respect to the Platform or the Services, You may write to the grievance officer, the name and contact details have been provided below:
Name: Amit Kumar Mishra
Email: amit@voicing.ai
7.2 The Grievance Redressal Officer shall dispose off any complaint in accordance with the applicable laws.