Terms and conditions of service
Terms and Conditions applicable to the use of the Services
Last updated: February 9, 2024
VOICIT TECHNOLOGIES SL (hereinafter referred to as “us“or as the “Company”) is the owner of the platform accessible through the domain names app.voicit.com (he "Place”), as well as the services offered through it. This Company is a limited liability company of Spanish nationality with its registered office at Carrer de Ribera 1, Puerta 1, 46002 Valencia (Spain), tax identification number (CIF) B10529246 and registered in the Mercantile Registry of Valencia. You can contact us by sending an email to no-reply@voicit.com in relation to Voicit.
1. General
These Terms and Conditions of Service (“TCS”) regulate the use of the services we offer, consisting of the processing and hosting of conversations, as well as the creation of information based on these and any other services we may offer in the future (the “ServicesThe Terms of Use form part of these TCS by reference.
To use the Services, you must create an Account (as defined in section 2.a below) and comply with other requirements detailed in these Terms and Conditions. Please note that the Account also allows you to use other features designed to interact with the product available through the Site. If you choose to use these features, the Developer Terms and Conditions will apply in addition to these Terms and Conditions.
2. Access to Services, Account Creation
a. People to whom the Services are directed
The Services are intended for individuals and legal entities, regardless of whether they are engaged in commercial or private activity, i.e., acting as consumers. For the purposes of these Terms and Conditions, 'consumer' means any individual or legal entity using the Services for a purpose unrelated to any commercial or business activity. If you are creating an account for your company, you understand and agree that your company will be considered the owner of the Account and, therefore, any content created using the Services, and any data collected through the Services, will be considered to belong to your company, unless otherwise agreed between you and your company.
The Services are intended for individuals aged sixteen (16) and over. By completing the registration process and requesting our Services, you represent and warrant that you are of that age.
b. Creating an Account
To access the Services, you will need to register and create an account (the “Account”). To do so, you must provide true, accurate, current, and complete information as requested during the registration process. You may not register or create an account on behalf of someone else.
If you are an individual, a personal and non-transferable Account will be created, which will allow you to use the Services solely for your personal purposes.
If you are a company, will be created A Business Account will allow you to use the Services under the name of a company or group. In that case, you warrant and represent that you are legally authorized to enter into these Terms and Conditions on behalf of your company. Please note that account sharing is not permitted under these Terms and Conditions, and you must therefore obtain as many user accounts as necessary for each individual using an Account within your organization.
By creating an account, you will receive a free plan with the option to upgrade to a customized plan by contacting the team through this form.
Among other features, the plans allow you to manage shared workspaces with as many accounts as you've agreed upon in your plan. To do this, you send a collaboration invitation to other users of the Service who have an active account. When you invite the owner of another account, you'll have unlimited administrator rights to control the content created and manage the other accounts. In this latter case, please note that it is your responsibility to verify that the users you invite to collaborate are aware of and understand the implications for them from a data protection and content ownership perspective. In this regard, you agree to indemnify, defend, and hold us harmless from any costs or damages directly or indirectly related to these matters.
We offer different plans with varying features and benefits, at different prices. Services may change from time to time, so more detailed information about the features offered under each plan is provided during the registration process.
Account ownership is based on the information you provide during the registration process. Therefore, it is important that all the information you provide is true, accurate, current, and complete. You agree to notify us of any changes to the information submitted at the time of registration or subsequently, in order to keep our records up-to-date and accurate. Please note that by providing this information and accepting these Terms and Conditions, you are entering into a contract with us that outlines our obligations. If you have any problems accessing or logging in, please contact us.
c. Provision of Services
Once your Account has been successfully created, the Services will be available and ready for you to start using. Please note, however, that access to and use of certain features and Services are only available with certain plans and are subject to payment. We provide complete information about these on the Website.
This section is without prejudice to your rights as a consumer under section 7 below. If you are using the Services as a consumer, you have the right to withdraw from these Terms and Conditions under the terms and conditions set out there.
3. Account Use and Services, and Content
a. Account Security and Credentials
Only you may use the Account; sharing it or allowing others access to it is strictly prohibited. You are responsible for maintaining the security of your Account credentials at all times. Sharing these credentials with third parties, as well as writing them down for future reference, is strictly prohibited. If you suspect that your Account or credentials have been or are being used by a third party, or have been compromised, you must contact us immediately via this email address. no-relpy@voicit.comOtherwise, we will attribute to you any use that has been made of the Account, and you will be responsible for all activities that have taken place in your Account.
b. Use of your Account and the Services
You must use your Account and the Services in strict compliance with the law, public order, and any guidelines published in our app. In particular, but without limitation, you must not:
• Accessing the Site, Accounts and/or Services through any means other than the interfaces we provide or those means expressly authorized in these Terms and Conditions;
• Use the Services solely as a hosting service or accommodation system;
• Avoid, circumvent, remove, disable, impair, decode, or otherwise alter the security measures, usage policies, or any other protective measures implemented by the Company, service providers, or any third party to protect the Site, Accounts, or Services. In particular, you will not perform any of the above actions to alter functionalities restricted or only available to certain types of Accounts;
• Access, manipulate or use private areas of the Site or the Service, the Company's computer systems, or the technical systems of our suppliers;
• Use metatags or other hidden text or metadata on the Site or in the Services, as well as manipulate headers or other identifiers in order to disguise the origin of the content transmitted through the Service;
• Use, display, mirror or frame the Site or the Services, and any elements of the Site or the Service, the appearance and design or any part of the Service or the Site, or the intellectual and industrial property rights or other exclusive rights of the Company;
• Attempt to access or search the Service or the Site, or scrape or download content from the Service or the Site, or otherwise upload content to, or create new links, republishes, or references to the Services or the Site through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools, or similar) other than the search software and/or agents that we have provided to you, or others generally available on search engines offered by third parties;
• To reverse engineer, decompile or disassemble the software used in connection with the Site or the Services;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending viruses, overloading, flooding, spamming, or sending email bombs to the Services or the Site;
• Reproduce, duplicate, copy, sell, trade, resell or exploit for a commercial purpose any part of the Site or the Services, or your access to or use of the Site or the Services;
• Impersonating or misleading others about your affiliation with any person or company, as well as harassing or stalking other users or third parties, or using or sharing offensive content;
• Carry out activities such as vulnerability scanning, load testing, penetration testing or circumventing security measures, unless you have our prior written approval;
• Use the Services and, in particular, the functionalities intended to ensure the interaction of the Services and our product to monitor the availability, performance level or functionality of our Services or the Site, or to conduct market benchmarking with our competitors or for other competitive purposes;
• Collecting information about credit cards (unless the specific question blocks we provide are used for this purpose), passwords or similar access credentials;
• Send electronic communications that are not expressly requested or authorized by the recipients, or send bulk and/or repetitive electronic communications (spam). In this regard, you must not use the Services to send communications in a manner that is not permitted or that does not comply with applicable laws or industry standards, or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or from another person for whom you are acting as an agent; and/or
• In any other way, use the Account, the Site, or the Services in a manner contrary to the legitimate rights and interests of the Company or any third party, or in any way that may alter, disrupt, overburden, or otherwise damage the Site or the Services. If you become aware of any abusive activity, please notify us via this email address. no-relpy@voicit.com.
For the purposes of clarification, these Terms of Service do not prevent you from taking any action—directly or through any third party—that allows the Services to interoperate and communicate with a particular software program, provided that such integration is achieved through public APIs and other related products and services that we provide as part of our range of technology products for developers and integrators. In this regard, you acknowledge that we have no control over the use of information collected by third parties—regardless of whether such collection occurred in the past, is occurring now, or will occur in the future—through such integrations, and that the use of such APIs may be subject to other terms and conditions belonging to those parties. Accordingly, you acknowledge and agree that we will not defend, indemnify, or hold you harmless from any costs or damages arising from the actions and integrations carried out by such third parties.
c. Usage limits
You may only use the Services in full compliance with the conditions set out in these Terms and Conditions and in accordance with the limits of the contracted plan.
In the event that the authorized response limits are reached, we will not be obligated to collect, store and/or process any responses that exceed the applicable limits.
d. Beta Services
You may be offered the opportunity to participate in early access programs to use so-called alpha or beta versions of the Services ("Beta ServicesThe Beta Services may not function in accordance with the documentation we may provide to you, or may contain errors, defects, or faults, as you acknowledge and accept. The Beta Services are not covered by any service-level commitment under these Terms and Conditions, and, except for the provisions of sections 9, 10, and 11, we make no representations or warranties of any kind and disclaim all liability in connection with the Beta Services. The Beta Services may be discontinued at any time, for no reason and without prior notice, and nothing in these Terms and Conditions shall be construed as requiring that the Beta Services form part of our regular Services.
e. Materials available on the Services or on the Site
The Site and Services may include information, graphics, text, images, or other materials uploaded by other users or third parties. Such materials are intended for use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that uploaded or made them available as part of the Site or Services. Use of materials may be subject to specific terms and conditions or licenses, and you are responsible for obtaining any necessary licenses or authorizations and for complying with any applicable license terms and other conditions.
f. Services and third-party service providers
To ensure high-quality service delivery, we may occasionally use third-party service providers. You understand that these providers operate outside our reasonable control and that we will not be liable for any damages caused by their actions or omissions.
You may also choose to use third parties to process the information you collect through the Services (for example, using webhooks). In all such cases, you acknowledge and agree that these third parties are beyond our reasonable control, and we will not be liable for any damages arising from their use of such information, or if you choose to transfer information to these third parties using insecure means (for example, non-https transfer protocols). We recommend that you carefully review the terms and conditions governing the use of these third-party services and any integration tools they may offer before you begin using their services. Please note that using these services may result in the transmission of all types of information (including confidential and personal information) outside of our platform, and that third parties unrelated to the Company may subsequently access, modify, or even delete this information.
g. Duty to cooperate
You agree to comply with any instructions or recommendations we may give you (either directly or through anyone acting on our behalf) regarding your use of the Site, your Account, or the Services.
h. Functionalities
Please note that certain features we may offer are subject to additional terms and conditions.
To provide these features, we rely on the collaboration of third parties such as Microsoft Azure and OpenAI. You understand and agree that neither Microsoft Azure nor OpenAI is an affiliate, partner, agent, or representative of ours. We do not own the Website Content and make no promises, representations, or warranties of any kind regarding ownership of or your right to use the Website Content. We disclaim all liability for any third-party intellectual property, including its accuracy, completeness, quality, legality, usefulness, or safety, or any intellectual property rights therein. The availability of any third-party intellectual property rights does not imply our endorsement of or affiliation with any provider of such third-party intellectual property rights and does not create any legal relationship between you and that provider.
You are solely responsible for your use of the Website Content through Voicit and for any losses or liabilities of any kind associated with such use. You must comply with all rights, obligations, conditions, policies, laws, and regulations relating to such third-party intellectual property. You must defend, indemnify, and hold us harmless from and against any and all losses, settlements, damages, liabilities, judgments, obligations, fines or penalties, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") arising out of any claim, proceeding, demand, suit, or action (collectively, "Actions") brought by any third party in connection with your use of Voicit and the Website Content.
By using Voicit, you also agree to comply with all Microsoft Azure and Open AI terms and conditions, which can be found here and hererespectively, including any usage restrictions contained therein.
4. Rates and payments
Payment for the Services is subject to the Terms and Conditions of Payment accepted in the contract signed between both parties
5. Deadline
The Services will be accessible from the moment you complete the subscription process and will remain available to you unless you cancel your Account through "My Account." Payment Plans will be governed by the contract agreed upon by both parties, unless you decide to cancel it at any time. In such cases, and unless you choose to cancel your Account entirely, the subscription you have paid for will remain in effect for the entire contracted period, and your Account will be downgraded to a free plan, as applicable.
As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set out in section 6 below. These Terms and Conditions will apply while you have an Account on the Site, regardless of the type of Account you hold at any given time.
This section is without prejudice to any rights you may have as a consumer regarding the cancellation of your Account. For more information, please see section 7 below.
The content will be available to you and at your disposal at the end of the Term, but if you cancel your Account, everything (including the content) will be deleted as indicated in section 6.b below.
6. Suspension and Termination of the Account
a. Termination or suspension by the Company
We reserve the right to suspend your Account if you provide us with false, inaccurate, outdated, or incomplete information when creating your Account, or if you breach these Terms of Service or any other legal obligation. We have the right to modify, block access to, remove, or refuse to host, display, or make available any content that we believe violates the law or these Terms of Service, either because of how the content is used or how it interacts with other content, entities, or individuals. Except where the content in question could automatically give rise to liability for the Company under applicable law or where due diligence is required to prevent harm to third parties, we will notify you in advance of our intention to take action against such content and give you a reasonable amount of time to respond and take the necessary steps. When any of these circumstances occur, we will contact you and ask you to remedy the breach of these Terms of Service.
We may terminate your Account if you do not remedy the breach of these Terms and Conditions within ten (10) calendar days of the date we notify you. Additionally, we may terminate your Account if you materially breach these Terms and Conditions, including, without limitation, if the Account is used to commit fraud (for example, phishing attacks) or is used willfully to violate the law.
We have the right to terminate your Account, without prior notice, if, as a user of the free plan, you do not access your Account at any time during an uninterrupted period of 24 (twenty-four) months. The purpose of this termination is to ensure that only active users are using the Site and, consequently, that our application functions quickly and effectively. You can avoid this termination at any time by accessing your Account again, and the 24-month period will be reactivated.
Finally, we may terminate your Account if you object to the appointment of any sub-processor, as detailed in our Privacy Policy.
Please note that in all these cases you may lose all the information stored in your Account, such as meetings.
b. Termination by you
You can terminate your Account at any time using the functionality provided for this purpose in your Account settings. If you terminate your Account, you will still be able to access the Site, but you will lose access to the Services, features, and content available to Account holders. Please note that terminating your Account will result in the loss of all associated data.
7. Right of withdrawal
The Services are ready for use as soon as you complete the registration process and create your Account (except for features that require a subscription). By creating the Account and expressly requesting the Services, you waive your right of withdrawal, if applicable.
8. Social networks and third-party platforms
The Services may include features that allow you to access third-party platforms. If you choose to use these features, we may:
a. access certain information that you provide to us through the social network or platform in question, provided that such information has been provided to us in accordance with the terms and conditions and privacy policies established by said parties; or
Subject to the applicable third-party terms and conditions and privacy policies, by connecting your Account to your account on the relevant platform, you authorize us to access and use the information you have shared on that platform. To manage the information we access, please review the privacy settings you have configured on your platform.
We assume no responsibility for the content of the platform in question, nor for its products or services. We have no obligation to review such content, services, or products. Please note that you should review any terms of use, policies, and guidelines that may be established, and you agree to be solely and exclusively responsible for any claims arising from sharing or publishing any content or your activity on any social networks or third-party platforms.
9. Representations and warranties. Liability
In addition to any other representations and warranties included in these Terms and Conditions, we both warrant and represent that we have the full power and authority to enter into these Terms and Conditions, and that all necessary approvals, consents, and permissions, if any, have been obtained. Furthermore, you warrant and represent that (i) you will use the Services in accordance with the provisions of these Terms and Conditions, as well as any reasonable instructions provided to you by the Company—or any of our authorized representatives—from time to time; (ii) any content or data used in connection with the Services will be uploaded, processed, or otherwise used or acquired after obtaining all necessary approvals, authorizations, or licenses, and in compliance with all applicable laws, rules, regulations, directives, and governmental requirements relating to privacy, intellectual property, and/or publicity rights; and (iii) you will provide your reasonable cooperation should we require any evidence to demonstrate to competent authorities and/or courts your compliance with the aforementioned requirements or consents.
To the extent permitted by applicable law, the Site and Services are provided 'as is', 'with all faults', and 'as currently available', and you assume all risk for their use and performance. The Company disclaims all representations, warranties, and conditions, express, implied, or statutory, including, without limitation, (i) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (ii) that the Services and the Site will be uninterrupted, error-free, timely, or secure, or free from viruses, worms, or other harmful or malicious components. The foregoing is without prejudice to any rights you may have under local law that cannot be superseded by these Terms and Conditions, in which case the Company's liability will be limited to the maximum extent permitted by such local law.
10. Limitation of liability
To the maximum extent permitted by law, the Company will not be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including without limitation damages or loss of data, revenue, profits, goodwill, or other intangibles arising out of or related to these Terms and Conditions, your Account, or the Services. To the extent permitted by applicable law, this limitation will apply to all claims under all theories of law and equity.
Without prejudice to the provisions of sections 9 and 10 above, the Company's maximum aggregate or cumulative liability to you for direct damages or damages under these Terms and Conditions (including sections 9 and 10 above or any other contractual obligation), for tort (including negligence and statutory duty) or for any other reason shall not exceed the maximum total amount equivalent to the fees paid to the Company during the twelve (12) months preceding the date on which the claim arose.
The limitation and/or exclusion of liability and warranties may be limited in certain jurisdictions. To the extent that the limitations and exclusions in sections 9, 10, and 11 are unenforceable or deemed void or illegal, in whole or in part, those sections shall be construed and enforced to limit the scope, duration, and/or extent of the liability and/or warranty provision in question. Nothing in these Terms and Conditions shall be construed as limiting or excluding your liability for the price due in excess of the liability limits set forth herein.
11. Compensation
You agree to defend, indemnify, and hold harmless the Company from and against any and all losses, settlements, damages, liabilities, judgments, obligations, fines or penalties, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") arising out of any claim, proceeding, demand, suit, or action (collectively, "Actions") brought by any third party relating to (a) your use of the Site or Services and actions taking place on your Account; (b) any breaches of these Terms of Service; or (c) the infringement of any third party's rights or the law.
12. Modifications to the TCS. Other notifications.
We reserve the right to modify these Terms and Conditions, in which case we will provide you with reasonable advance written notice of any substantial changes, either by email or through notifications on the Site itself. If you do not agree to the changes to the Terms and Conditions, your sole remedy is to stop using the Site and the Services. By continuing to use the Services or the Site, you agree to the updated version of the Terms and Conditions.
We may notify you about any matter related to this contract via email or through notifications on the Site. It is your responsibility to check these regularly to stay informed of any changes.
13. Modifications and updates to the Services
Due to the Company's ongoing updates and changes to improve the Services and ensure their smooth operation and interoperability with third-party platforms, we may add, alter, or remove features from a Service at any time. Furthermore, the Company may implement any Service updates (including security updates) that will apply to some or all users collectively at any time. Any such modifications will be implemented free of charge.
14. Miscellaneous
The illegality, invalidity, nullity, or unenforceability of any section of these TCS shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Such sections shall be replaced or supplemented with others that, as provided by law, correspond to the objective of the replaced sections.
If, at any time, we fail to act against a breach of these Terms and Conditions, such inaction will not constitute a waiver of our right to act against subsequent or similar breaches. Any waiver must be in writing and signed by a representative of the Company to be fully valid. These Terms and Conditions constitute the entire agreement with the Company regarding your Account and the Services. Both the Company and you warrant that, in entering into this agreement, we have not relied upon, nor will we have any right or remedy based upon, any statement, representation, warranty, or promise other than those contained in these Terms and Conditions.
The rights and obligations established in these Terms and Conditions (or regarding the Account itself) may only be assigned to a third party with the Company's prior written consent. Furthermore, any decision made by the Company will be final and binding.
You grant the Company a perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive, and irrevocable license to use, reproduce, modify or transform, distribute, communicate to the public, and otherwise exploit any suggestion, idea, request for improvement, comment, recommendation, or other information or idea provided by you or any third party on your behalf in connection with the Services, the Site, the platform, the deliverables, the images, or the software.
If you are a company, we may use your trade name and trademarks on our Site and in any other promotional materials we produce from time to time. In this regard, you grant us a non-exclusive, non-sublicensable, royalty-free, worldwide license to use such intellectual and industrial property, it being understood, however, that we will use such intellectual and industrial property in accordance with industry standards.
The Services have a legal warranty period from the date of delivery. If an issue arises with the contracted Services, you may report it to the Company through any of the support channels indicated in the following clause, and we will diagnose the issue and proceed to resolve it.
In the event of any conflict between the provisions of these Terms and Conditions and the Terms of Use, Privacy Policy, Data Processing Agreement or any other terms included by reference in these Terms and Conditions, the terms of the Terms and Conditions shall prevail.
15. Support, Contact and Complaints
You can contact us if you have any questions, comments, or concerns through any of the following means:
By mail:
Support Service
VOICIT TECHNOLOGIES SL
Carrer de Ribera 1, Puerta 1, 46002 Valencia (Spain)
Through our email:
no-reply@voicit.com
16. Applicable law and jurisdiction
a. General
These Terms and Conditions are governed by and construed in accordance with Spanish law, without giving effect to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute arising out of or relating to us and/or the Site or the Services shall be submitted to the courts of the city of Valencia, Spain.
b. Consumers
If you are a consumer, these Terms and Conditions will be governed by and construed in accordance with Spanish law, without prejudice to the application of any mandatory provisions under applicable law. Any dispute arising in connection with us and/or the Site or the Services will be submitted, without exception, to the courts of the city of Valencia, Spain.
You can check the European Union's website on online dispute resolution.