Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (either an individual or the legal entity you represent, “Customer” or “you”) and AetherVoice (“AetherVoice,” “we,” or “us”) governing your access to and use of the AetherVoice platform, website, APIs, and all related services (collectively, the “Service”).

By creating an account, clicking “I agree,” or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

AetherVoice provides an AI-powered voice calling platform that enables businesses to deploy automated voice agents for outbound calling, inbound call handling, lead qualification, appointment scheduling, CRM data synchronization, and related sales automation functions.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. Where possible, we will provide reasonable advance notice of material changes. Continued use of the Service after changes take effect constitutes your acceptance of those changes.

3. Account Registration & Security

• You must provide accurate, current, and complete registration information. You agree to keep this information updated.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must immediately notify us at security@aethervoice.app of any unauthorized use of your account or security breach.
• You may not share your account credentials with any third party or allow multiple individuals to use a single account seat unless permitted by your subscription plan.
• We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used fraudulently.

4. Acceptable Use Policy

You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations. You must not:

• Use the Service to place calls to phone numbers on applicable Do Not Call (DNC) registries without complying with all applicable exemptions and requirements.
• Use the Service to harass, intimidate, threaten, defraud, or engage in any deceptive practices against call recipients.
• Impersonate any person, company, or entity in a manner that is misleading or fraudulent.
• Circumvent, reverse-engineer, or attempt to gain unauthorized access to any part of the Service or its underlying infrastructure.
• Use the Service to transmit spam, malware, or any content that violates third-party rights.
• Resell, sublicense, or provide the Service to third parties without our express written consent.
• Use the Service for political robocalling, fundraising solicitation, or any purpose prohibited under the Telephone Consumer Protection Act (TCPA) or applicable international equivalents without required legal consent.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

5. AI Voice Calls & Compliance

AetherVoice provides the technology infrastructure for AI voice calls. You, as the Customer, are solely responsible for ensuring your use of that technology complies with all applicable laws, including but not limited to:

• TCPA (US): The Telephone Consumer Protection Act requires prior express consent for automated calls to mobile phones in many circumstances. You are responsible for obtaining and documenting required consents.
• AI Disclosure Laws: Several jurisdictions require disclosure when a caller is an AI or automated system. You must configure your AI agents to comply with applicable disclosure requirements in every jurisdiction where you make calls.
• State & Local Laws: Telemarketing, recording consent, and call-time restrictions vary by state and country. You are responsible for compliance in all jurisdictions you call into.
• Recording Consent: Call recording laws vary by jurisdiction (single-party vs. all-party consent). You are responsible for ensuring you have obtained all legally required consents before recording calls.
• GDPR / CCPA / Other Privacy Laws: Where calls involve residents of the EU, California, or other regulated jurisdictions, you must comply with applicable data protection laws governing the processing of personal data.

AetherVoice expressly disclaims liability for any legal claims arising from your non-compliance with applicable telemarketing, AI disclosure, or recording laws.

6. Subscription Plans & Billing

• Subscription Fees: Access to the Service is subject to subscription fees as described on our pricing page. All fees are in US dollars unless stated otherwise.
• Billing Cycle: Subscriptions are billed monthly or annually in advance. Your subscription will automatically renew at the end of each billing period unless cancelled prior to renewal.
• Usage-Based Charges: Certain features (such as minutes used, calls placed, or additional seats) may incur usage-based charges in addition to your base subscription fee.
• Payment: By providing payment information, you authorize us to charge your payment method for all fees due. Payments are processed securely by Stripe. We do not store full payment card information.
• Late Payments: If payment fails, we may suspend your account until payment is received. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month.
• Refunds: Subscription fees are non-refundable except as required by law or as expressly stated in a written agreement between you and AetherVoice. If you cancel mid-period, your access continues until the end of that billing period.
• Price Changes: We may change our prices at any time with at least 30 days' notice before your next renewal date.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities in your jurisdiction.

7. Intellectual Property

AetherVoice IP: The Service, including all software, algorithms, AI models, user interfaces, documentation, and branding, is owned by AetherVoice and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription period solely for your internal business purposes.

Your Data:You retain all ownership rights in the data, contact lists, scripts, and content you upload to or create through the Service (“Customer Data”). You grant AetherVoice a limited license to process Customer Data solely as necessary to provide the Service.

Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual license to use that feedback without restriction and without any obligation to compensate you.

8. Data & Privacy

Your use of the Service is also governed by our Privacy Policy. Where AetherVoice processes personal data on your behalf, we act as a data processor and you act as the data controller. You are responsible for having a lawful basis for processing personal data and for providing required notices to data subjects.

Customers who require a Data Processing Agreement (DPA) for GDPR compliance may request one by contacting privacy@aethervoice.app.

9. Disclaimers & Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by law, AetherVoice disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) AI voice agents will achieve any particular business outcome; (c) call connection rates, lead qualification accuracy, or other performance metrics will meet your expectations; or (d) the Service will be compatible with all telephony carriers or devices.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AETHERVOICE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

In no event shall AetherVoice's total aggregate liability to you exceed the greater of: (a) the total fees paid by you to AetherVoice in the twelve (12) months immediately preceding the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so the above limitations may not apply to you in full.

11. Indemnification

You agree to indemnify, defend, and hold harmless AetherVoice and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including telemarketing or AI disclosure laws; (d) any claim by a third party arising from calls placed through your account; or (e) any Customer Data you provide or process through the Service.

12. Termination

By You: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

By Us: We may suspend or terminate your account immediately, without prior notice or liability, if you breach these Terms, engage in fraudulent or illegal activity, or if we are required to do so by law. We may also terminate accounts for non-payment after providing written notice.

Upon termination, your right to access the Service ceases immediately. You may request an export of your Customer Data within 30 days of termination. After that period, we may delete your data in accordance with our Privacy Policy.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Informal Resolution: Before initiating any formal dispute, you agree to contact us at legal@aethervoice.app and attempt to resolve the issue informally for at least 30 days.

Arbitration: Any dispute not resolved informally shall be submitted to binding individual arbitration under the rules of the American Arbitration Association (AAA). You waive any right to participate in class-action lawsuits or class-wide arbitration. Nothing in this section prevents either party from seeking injunctive relief in court for urgent matters.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any order forms or addenda, constitute the entire agreement between you and AetherVoice regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to an affiliate or in connection with a merger or acquisition.
• Force Majeure: Neither party is liable for failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, or internet infrastructure failures.
• Notices: Legal notices to AetherVoice must be sent to legal@aethervoice.app. Notices to you will be sent to the email address on your account.

15. Contact Us

Questions about these Terms? We're here to help.