VoiceOwl bot Pvt Ltd (VoiceOwl) provides a platform to improve customer experiences through modernized solutions across the world through multiple mediums. These terms and conditions (“Terms”) are made by and between the entity accepting these terms (“You”) and voiceOwl.ai unless otherwise indicated below, and the terms of service is effective from the date you first accept them, whether via by any online click or through signing any agreement with or by using the product of VoiceOwl bot Pvt. Ltd. (the “Effective date”). VoiceOwl may at any time, without notice to you, revise this Agreement and any other information contained in this website by updating this posting. VoiceOwl may also make improvements or changes in Services at any time without notice.
Thereby Subscriber understands and acknowledges that VoiceOwl provides the service for the subscriber’s responsible use and it will be subscriber’s absolute responsibility for such use. Subscriber’s continued use and access of services is completely subject to these terms and conditions. VoiceOwl is not obligated to bear any responsibility regarding any upload of information, databases or audio messages. In addition to these terms and conditions the subscribers agree that it shall abide by all the applicable laws and below mentioned requirements.
PLEASE NOTE THAT IF YOU SIGN UP FOR OUR SERVICES USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT OR SIGNATURE WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
GENERAL TERMS OF USE
This website (“Site) and all the content available on the site cannot be copied, reproduced, republished, uploaded, posted or used for the creation of derivative work without obtaining the prior consent of VoiceOwl. The permission given to the subscriber is conditioned with all copyright, trademark and these terms and conditions and any future notice on the website.
Any failure to comply with any one of the terms of this agreement will result in automatic termination of all the rights granted to the subscriber’s. In such a case, no prior notice to the subscriber to be served and subscriber with immediate effect destroy all the copies of downloaded material in his possession and control. No express or implied right or license regarding patents, trademark, copyright or other proprietary right to be given to the subscriber’s in lieu of this agreement.
CONFIDENTIALITY
During the term of Service each party may disclose (the “Disclosing Part”) or receive (the “Receiving Party”) information of confidential nature in any verbal or written format. Such information to include:-
- Information so marked as confidential
- Disclosed to (or otherwise acquired by) Receiving Party in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances or from the nature of the information or data disclosed, that the information or materials should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information”)
DISCLOSURE AND USE
The Receiving not without the prior consent of the disclosing party shall not disclose any of the following information –
- Disclose any information of the disclosing party other than on need to know basis to its employees and contractors, solely to the extent and only for the purpose of performing or excising the rights and obligation under this agreement.
- Except as otherwise provided in this agreement, use confidential information for fulfilling the obligation or rights of the receiving party.
- Export or remove confidential information violating any applicable laws. The Receiving party shall treat the confidential information with due care and cause its directors, employees, attorneys, contractors to treat such confidential information, with same degree of care and protection as it would do with respect to its own confidential information.
Notwithstanding anything, the term “Confidential Information” shall not include information that
- Was in the public domain at the time it was communicated to Recipient;
- Entered the public domain through no fault of Recipient subsequent to the time it was communicated to Recipient;
- Was in Recipient’s possession free of any obligation of confidence at the time it was disclosed to Recipient by Disclosing Party;
- Was disclosed to Recipient by a third party who was free of any obligation of confidence to Disclosing Party, subsequent to the time it was disclosed to Recipient; or
- Was developed by Recipient independently of and without reference to any information disclosed by Disclosing Party.
The Receiving Part may make a disclosure of such confidential information if required by law (as a result of legal compulsion or to advance or defense any claim), in response to any request by government authority or in connection with any proceeding be it court or administrative or regulatory proceedings. The following are the conditions required to be fulfilled before any such disclosure:-
- The Receiving party only discloses that portion of the information that is reasonably required to be disclosed and
- Unless prohibited by law, the Receiving party shall provide reasonable notice to the disclosing party in advance so that the disclosing party may seek a protective legal order, injunction or any other reliable remedy available in law to safeguard his confidential information.
RETURN AND REMEDY
Upon the request of the Disclosing Party, or upon termination of this Agreement, Receiving Party will promptly return (or, with written permission from the Disclosing Party, destroy) all copies of any Confidential Information in its possession or control and, upon request, will acknowledge to the Disclosing Party in writing that such delivery or destruction has been fully effected. The Receiving Party acknowledges that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, the Receiving Party agrees that the Disclosing Party will have the right to obtain an immediate injunction enjoining any breach of the Disclosing Party’s confidentiality obligations, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
INDEMNIFICATION
Subscriber will defend (only after obtaining a written consent from VoiceOwl), indemnify and holds VoiceOwl and its affiliates including all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, demand, legal actions, judgments, awards, settlements and proceedings including administrative fines arising out of
- Any breach or alleged breach of this Agreement, including the representations and warranties contained herein, by Subscriber,
- Subscriber’s Negligence and misconduct
- Subscriber’s use of the Services or information obtained there from (including without limitation Subscriber transmitting or receiving communications through the Service).
WARRANTY DISCLAIMER
USE OF THIS SITE AND SERVICES IS AT SUBSCRIBER’S SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. VOICEOWL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, VOICEOWL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SUBSCRIBER UNDERSTANDS AND AGREES THAT IF SUBSCRIBER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, SUBSCRIBER DOES SO AT SUBSCRIBER’S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES. IN THOSE INSTANCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL VOICEOWL OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VOICEOWL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
COMPLIANCE WITH LAWS
Subscriber agrees to use the Services in accordance and compliance of all applicable federal, state, and local laws, regulations and industry standards of the jurisdiction where the subscriber operates.
Subscriber acknowledges that all calls are recorded on the platform. Without limiting the generality of the foregoing, Subscriber agrees to comply with all state recording and wiretapping laws.
Subscriber bears sole responsibility for compliance with applicable laws and regulations and sole liability for any and all communications sent using the Services.
RELATIONSHIP OF THE PARTIES
The parties hereto are independent contractors. Neither party is an employee, agent, partner, or joint venture of the other. Neither party shall have the right to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party.
DISPUTE RESOLUTION
In the event that there arises any dispute, difference, claim or question (“Dispute”) at any time arising between the Parties in relation to or arising out of this Agreement, the Dispute shall be finally settled through arbitration. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. A sole arbitrator shall be appointed jointly by the Parties within 30 (thirty) days from the date of expiry of 45 (forty-five) days from the date of service of the request. If the Parties cannot reach an agreement with respect to the sole arbitrator to be appointed within 30 (thirty) days then each Party shall appoint one arbitrator each and both the appointed arbitrators shall appoint the third arbitrator. The arbitration shall be held in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of arbitration shall be Indore (M.P) and the proceedings shall be in the English language. Award published in accordance with above, shall be final and binding on the Parties.
Arbitration costs and fees shall be divided in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
TERMINATION
VoiceOwl may terminate your access and use of the Service, at any time and for any reason. Voiceowl may suspend or terminate your account if you violate these Terms, abuse the Service, use the Service in a way not intended, commit fraud, or violate any applicable law. If your access is terminated, your account will be deactivated and you may no longer be able to access your account or any files or other content contained in the account, and in such case VoiceOwl will have no liability in case of any monetary or proprietary loss.
GOVERNING LAWS
This Agreement is governed by the laws of the State of Madhya Pradesh India without reference to conflicts of law principles. For any dispute relating to this Agreement, the Parties consent to personal jurisdiction and the exclusive venue of the courts in Indore, India.
WAIVER
No term or provision of this Agreement shall be deemed waived, and no breach consented to or excused unless such waiver, consent, or excuse is in writing and signed by the party claiming to have waived, consented, or excused. Should either party consent, waive, or excuse a breach by the other party, such shall not constitute consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.
EARNING DISCLAIMER
Please be aware that any discussions regarding potential earnings or income through the use of our conversational AI technology are estimates and speculative in nature, offering no guarantee of specific results or levels of success. Our assertions strictly concern the technical capabilities of our AI technology, without implying potential revenue, implementation outcomes, or distribution success. The effectiveness and success you realize with our technology are significantly influenced by many factors including but not limited to, your business model, execution strategies, lead sources, and other individual factors outside our purview.
Individual outcomes can vary widely, influenced by personal dedication, business acumen, expertise, and notably, the quality and effectiveness of your lead sources. We offer no assurances that examples of past earnings will be repeatable in your specific situation. Testimonials and instances of exceptional results are not indicative of average experiences and should not be interpreted as guarantees of comparable success.
Undertaking any business venture, particularly online, involves inherent risks, with outcomes that may not align with expectations. We disclaim responsibility for your decisions and the consequences of those decisions, including those related to the use of our technology. By engaging with our products and services, you recognize that achieving success is reliant upon your own efforts, decision-making, and the quality of your lead sources. You agree that our company bears no liability for any successes or failures encountered as a result of utilizing our conversational AI technology.
INTELLECTUAL PROPERTY RIGHTS
VoiceOwl retains all right, title, and interest in and to the VoiceOwl conversational AI platform, and any other technologies, software, or intellectual property developed or owned by VoiceOwl, including all intellectual property rights therein, such as copyrights, trademarks, patents, and trade secrets. The Subscriber acknowledges that they do not have any ownership rights in VoiceOwl Technology, or any underlying technology.
Any improvements, modifications, or derivative works of the VoiceOwl Technology created by VoiceOwl or the Subscriber during the term of this Agreement shall be the sole property of VoiceOwl. The Subscriber agrees to assign and hereby assigns to VoiceOwl all right, title, and interest in and to any such improvements, modifications, or derivative works.
If the Subscriber suggests any features, functionality, or improvements to VoiceOwl or the VoiceOwl Technology, VoiceOwl shall have the right to implement such suggestions without any compensation or obligation to the Subscriber.
MUTUAL NON DISPARAGEMENT:
Subscriber agrees that they will not, directly or indirectly, disparage VoiceOwl, its products, services, employees, directors, or its platform, in any written or oral statement, whether communicated on the Internet via blog post, tweet, message board or other electronic means or through any other oral or written means or device and vice versa applicable to VoiceOwl and all its employees and directors.
MISCELLANEOUS.
If any provision of these Terms is found unenforceable, it shall be severed without affecting enforceability of the remaining provisions. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and VoiceOwl. No person or entity not a party to these Terms is an intended third party beneficiary, and no provision hereunder confers any right or benefit to such third party