Terms and Conditions

1. Introduction

By accessing the Service, creating an account, or using any feature of the Service (whether free or paid), you declare that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms, you are prohibited from using the Service and you must discontinue use immediately.

These Terms apply to all users of the Service, including free and paid subscribers.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change, except where notice is expressly required under Section 31 (Updates to Terms).

2. Key Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

• "User": Any person or entity accessing or using the Service.
• "Account": A registered user account required for access and use of certain parts of the Service.
• "Content": Any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of the Service.
• "Subscription": A payment-based arrangement for access to our Service, involving recurring charges as specified in the Terms.
• "Confidential Information": Proprietary or confidential information that is marked as such or identified as confidential information.
• "Inbound Calls": Calls that our AI receptionist answers on behalf of the User to third parties.
• "Outbound Calls": Calls that the Service initiates on behalf of the User to third parties.
• "Distributor": A person or entity authorized by Vocal AI to market, distribute, and sell the Service to end users.
• "AI Platform": Vocal AI's proprietary web platform designed to assist end users in building and implementing artificial intelligence models, including the voice agent platform and the textual chatbot platform.
• "AI Agent": A specific instance of an AI agent that: (i) the User creates in the AI Platform thereby initiating the processing and analysis of User data; and (ii) is displayed to the User visually in the Platform interface.
• "AI-Generated Content": Any content, including text, audio or images, that is generated based on User inputs or interactions with the AI Platform.
• "Chatbot" or "Bot": The AI-powered textual chatbot offered by Vocal AI that connects to a WhatsApp number to send and receive messages on behalf of the User.
• "WhatsApp Number": The phone number connected by the User to the Vocal AI chatbot for the purpose of sending and receiving WhatsApp messages.
• "Outbound API": The Vocal AI API that enables the User to send WhatsApp messages from external systems (e.g., CRM, Make, Zapier, N8N) using a User-issued API key.
• "Agent" (in the chatbot context): A human team member invited by the account owner to share access to the chatbot inbox.

3. User Eligibility

The Service is intended for access and use only by individuals aged 18 and above and by businesses (or persons acting on behalf of a business). By accessing or using any part of the Service, you represent and warrant that:

• You are at least 18 years old and have full authority, right, and capacity to enter into this agreement and abide by all of its terms;
• You are a business or are acting on behalf of a business;
• You have provided accurate, current, and complete registration information; and
• You will maintain only one account per person or business entity.

If you are not at least 18 years old, or if you are not authorized to act on behalf of the business you claim to represent, you are prohibited from accessing or using the Service.

4. Service Description

Vocal AI offers AI-powered communication services for businesses, including both voice (phone) services and textual chatbot services for WhatsApp.

4.1 Voice (Phone) Services

• 24/7 automated phone answering via AI receptionist to prevent missed calls.
• Advanced AI technology for human-like conversations and seamless caller experience.
• Outbound call capabilities (reminders, follow-ups, campaigns).
• Distributor program for marketing and sales to end users.
• Customizable functions: appointment scheduling, answering questions, and call transfer (inbound/outbound).
• Text messaging capabilities during calls.
• Programmable call routing/scripting to meet business needs.
• Administrative dashboard with call logs and analytics for business improvement.

4.2 Textual Chatbot Services (WhatsApp)

Vocal AI provides a platform that allows businesses to connect a WhatsApp number to an AI-powered chatbot. The textual chatbot Service includes, but is not limited to:

• WhatsApp bot connection and management (see Section 11 regarding the unofficial connection method).
• AI-powered automated responses (powered by Google Gemini).
• Website knowledge base (URL scraping for bot training).
• Q&A knowledge base with structured question-answer cards.
• Outbound API for sending messages from external systems.
• Smart Bot Mode (respond to everyone, new contacts only, or trigger words).
• Performance analytics.
• Integration with third-party tools via webhooks (Make, Zapier, N8N).
• Calendar scheduling.
• Media support (images, voice messages, videos, documents).
• Multilingual support.

5. Registration and Account Management

To access the Service fully, Users must create an account and provide accurate and complete registration information, and update it as necessary. The User is responsible for maintaining the confidentiality of the account/password and for restricting access to their devices, and bears responsibility for all activity occurring under their account. You must not share your account credentials with any third party. We reserve the right to refuse service, close accounts, remove/edit content, or cancel orders at our discretion.

6. Role of Vocal AI and User Responsibility

6.1 Platform Provider

Vocal AI is a technology provider only. We provide tools and infrastructure for inbound/outbound calls and for textual chatbot interactions via AI. Any consequences or damages resulting from calls made or messages sent or received using the platform are the sole responsibility of the User.

6.2 User Responsibility

You are solely responsible for compliance with all applicable laws regarding outbound calls and messages, including telemarketing regulations, anti-spam laws, do-not-call lists, consent requirements, caller ID accuracy, and WhatsApp's Terms of Service and Business Policy.

6.3 Hold Harmless

You hold Vocal AI harmless from any claims, fines, penalties or damages arising from your use of outbound calling or messaging features.

6.4 No Legal Advice

Vocal AI does not provide legal advice. It is your responsibility to consult with an attorney for full compliance with the law.

7. Prohibited Uses

You agree not to use the Service for any illegal purpose or in violation of applicable law. Prohibited uses include, but are not limited to:

• Criminal activities; fraud/malice;
• Infringement of Vocal AI's or third party's intellectual property rights;
• Defamatory, harassing, threatening use;
• Unauthorized spam (including unsolicited bulk WhatsApp messages – see Section 11.2);
• Transmission of viruses/malicious code;
• Collection/transmission of personal information without consent;
• Impairment of Service functionality/security;
• Calls to emergency lines/security centers/healthcare institutions/services for which the recipient is charged;
• Abusive dialing methods;
• Use for developing a competing product;
• Attempting to reverse-engineer, decompile, or hack the platform;
• Sharing your account credentials with third parties;
• Circumventing plan limits through technical means.

Vocal AI may limit call and message frequency to prevent illegal activity. Any damage caused by prohibited or other uses is the User's responsibility.

8. Acceptable Use Policy

It is prohibited to upload/publish/store/transmit content that is illegal, offensive, infringing, spam, harmful to the Service, attempted unauthorized access, prohibited bots, unauthorized information collection, impersonation, etc.

8.1 Prohibited Content

You may not use the Service (including voice agents and chatbots) to create, distribute, or facilitate any of the following content:

• Hate speech: Content promoting violence, discrimination, or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
• Harassment: Threats, bullying, intimidation, or content intended to harass or harm individuals.
• Illegal substances: Promotion or sale of illegal drugs, controlled substances, or drug paraphernalia.
• Weapons: Sale or promotion of firearms, explosives, or other weapons in violation of applicable law.
• Gambling: Unlicensed gambling services or promotion of illegal gambling activities.
• Adult content: Sexually explicit material, pornography, or sexual services.
• Fraud: Phishing, scams, deceptive schemes, or content designed to defraud.
• Illegal activity: Any content that violates applicable local, national, or international law.

8.2 Rate Limits

To ensure platform stability and fair usage, Vocal AI enforces rate limits on calls and messaging. Excessive volume that impacts platform performance may result in temporary throttling. Specific rate limits may vary by plan and are subject to change.

8.3 Enforcement & Consequences

Violations of the Acceptable Use Policy will be handled through a graduated enforcement process:

• First violation – Warning: You will receive an email notification describing the violation and requesting corrective action.
• Second violation – Suspension: Your account and bot/agent will be temporarily suspended. You will be notified and given an opportunity to resolve the issue.
• Third violation or severe breach – Termination: Your account will be permanently terminated without refund. Severe breaches (e.g., illegal activity, spam campaigns) may result in immediate termination without prior warning.

We reserve the right to skip steps in the enforcement process for severe violations that pose immediate risk to our platform, other users, or third parties. Vocal AI has sole discretion to remove infringing content, including account termination in cases of repeated violations.

9. Compliance Requirements

Calls and outbound messages may only be made or sent to those who have given express prior consent or with whom valid business relationships exist under the law. Vocal AI may request proof of consent/relationships. Real caller identification must be transmitted on outbound calls; it is forbidden to block/falsify Caller ID.

9.1 Responsibility for Compliance

Although Vocal AI may provide capabilities that assist with compliance, it has no obligation to instruct you on this matter. You are solely responsible for complying with all applicable laws (including WhatsApp's Terms of Service and Business Policy with respect to the chatbot Service).

10. Subscription Terms

Access to the Service is granted on a subscription basis. Updated subscription fees appear on the pricing page and may change. Billing is monthly/annual in advance, automatically renewed until canceled. Subscription fees may be subject to taxes.

There may be multiple subscription plans/promotions/different terms; materially different terms will be communicated upon enrollment or in other communications.

Subscription fees are non-refundable except as required by law or as explicitly stated. If payment fails, we may suspend or terminate access. We may change subscription fees with notice.

11. WhatsApp – Unofficial Connection & Risk Disclosure (Chatbot Service)

⚠ Critical Disclosure — Please Read Carefully: As part of its offerings, Vocal AI offers two options to connect to WhatsApp. One official way using the Meta official API and another way that connects to WhatsApp using an unofficial, third-party library. The unofficial method is not the official WhatsApp Business API provided by Meta. Using unofficial automation on a WhatsApp account violates WhatsApp's Terms of Service and carries the risk that your WhatsApp number may be temporarily restricted or permanently banned by WhatsApp/Meta at any time, without prior notice and without recourse.

11.1 Nature of the Connection

If you choose the unofficial method, please note that Vocal AI operates by connecting to WhatsApp through an unofficial, third-party automation method (not the official WhatsApp Business API). This approach uses linked device technology similar to WhatsApp Web. Meta Platforms, Inc. (WhatsApp's owner) does not authorize, support, or endorse this type of automation. Vocal AI is not affiliated with, endorsed by, or officially connected to WhatsApp Inc. or Meta Platforms, Inc.

By using Vocal AI's chatbot Service, you explicitly acknowledge and accept that:

• The connection method used by Vocal AI (unofficial option) is not officially approved by WhatsApp/Meta.
• WhatsApp may, at any time and at their sole discretion, block or ban your phone number.
• A ban may be temporary (hours/days) or permanent and irrecoverable.
• Vocal AI has no ability to prevent, appeal, or reverse a ban imposed by WhatsApp/Meta.
• Vocal AI is not affiliated with, endorsed by, sponsored by, or officially connected to WhatsApp Inc. or Meta Platforms, Inc.
• You assume full and sole responsibility for all consequences of using this unofficial connection method.

11.2 Spam & Unsolicited Messages – Strictly Prohibited

Important: Vocal AI's chatbot Service is designed exclusively as an inbound response tool – it replies to messages sent to you by your customers. It is strictly prohibited to use Vocal AI to send unsolicited outbound messages (spam). Violation of this policy will result in immediate account termination.

You agree not to use Vocal AI to:

• Send unsolicited bulk messages or mass marketing campaigns (spam).
• Initiate contact with people who have not first messaged you.
• Collect or harvest WhatsApp numbers without explicit consent.
• Impersonate other businesses or individuals.
• Violate WhatsApp's Terms of Service or Business Policy.
• Engage in any illegal, deceptive, or harmful activity.

11.3 Full User Responsibility

You assume full and sole responsibility for all risks associated with connecting your WhatsApp number to Vocal AI. Vocal AI, its owners, and its operators shall bear no liability whatsoever for:

• Temporary or permanent banning or restriction of your WhatsApp number by Meta/WhatsApp.
• Loss of access to your WhatsApp account or phone number.
• Any business loss, reputation damage, or damages arising from account suspension.
• Any violation of WhatsApp's Terms of Service resulting from your use of the platform.

We strongly recommend using a dedicated business phone number for Vocal AI – not your personal number – to minimize personal risk.

11.4 WhatsApp Compliance

You are solely responsible for ensuring your use of Vocal AI complies with WhatsApp's Terms of Service and Business Policy. WhatsApp may ban phone numbers that violate their policies. Vocal AI is not responsible for any bans or restrictions imposed by WhatsApp/Meta.

11.5 Service Continuity

In the event that your WhatsApp number is restricted or banned by WhatsApp/Meta:

• Your Vocal AI account, bot configuration, knowledge base, analytics, and all stored data remain fully intact and accessible.
• You may connect a new WhatsApp number to your existing bot at any time from your dashboard.
• No data is lost due to a WhatsApp disconnection or ban.
• Vocal AI support will assist you in reconnecting within 24 business hours upon request.
• A WhatsApp ban does not entitle you to a refund, as the Service includes AI, dashboard, knowledge base, analytics, and API access beyond WhatsApp connectivity alone.

We continuously evaluate additional connection methods to enhance service stability.

12. Chatbot Feature-Specific Terms

Product Feed & Website Knowledge Base

Vocal AI allows you to import product catalogs via XML feeds and scrape website content for bot training. You acknowledge and agree that:

• You are solely responsible for ensuring you have the legal right to use, import, and display all product data and website content.
• You must own or have permission to scrape and reproduce the website content you provide.
• Vocal AI does not verify the accuracy, legality, or ownership of imported product data or scraped content.
• Product pricing, availability, and descriptions shown by the bot are based on your feed – you are responsible for keeping them up to date.
• We may remove or disable access to content that we believe infringes on third-party rights.

13. Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds for mid-cycle cancellations unless required by law.

We may terminate or suspend your account for violation of these Terms. Upon termination, your right to use the Service ceases immediately.

14. Payment Terms

Payment is required in advance. We accept various payment methods as indicated. By providing payment information, you represent that you are authorized to use that payment method. We may use third-party payment processors. Additional charges (minutes beyond included allowance, messages beyond included allowance, premium features) will be billed according to published rates.

15. Intellectual Property

The Service and its original content, features, and functionality (including the website, the AI Platform, the chatbot platform, the design, and software) are owned by Vocal AI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of all content you create through the Service, including bot instructions, FAQs, business data, knowledge base entries, and configurations. Your customers and end users retain ownership of their messages and any content they submit. By using the Service, you grant us a limited license to use, store, and process your data and customer data solely to provide the Service to you.

16. User Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

17. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free service or 100% uptime. We may modify, suspend, or discontinue the Service at any time. We may perform maintenance that temporarily interrupts the Service (we aim to schedule this at low-traffic times). WhatsApp connectivity and Meta/Google API availability depend on infrastructure that is outside our control. We are not liable for any modification, suspension, or discontinuation of the Service.

18. Third-Party Services

The Service may contain links to or integrations with third-party websites or services (including Meta/WhatsApp, Google Gemini, Calendly, Google Calendar, Make, Zapier, and N8N). We are not responsible for the content, accuracy, or practices of third-party services. Your use of third-party services is at your own risk and is subject to their respective terms.

19. API and Integrations

If you use our API or integrations, additional terms may apply. Unauthorized use of the API may result in termination of access. We may rate-limit or restrict API access at our discretion.

20. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and use it only as necessary to fulfill obligations under these Terms. This obligation survives termination.

21. Data Security

We implement commercially reasonable security measures to protect your data. However, no method of transmission or storage is 100% secure. You are responsible for maintaining the security of your account credentials and your API keys.

22. Distributor Terms

If you are a Distributor, additional terms apply regarding marketing, sales commissions, branding, and authorized territories. Distributors must comply with all applicable laws in their marketing activities.

23. AI-Generated Content

Vocal AI's voice agents and chatbot use third-party large language model providers (including Google Gemini) to generate responses. AI-Generated Content is provided for informational purposes only. You acknowledge and agree that:

• AI responses may occasionally be inaccurate, incomplete, or inappropriate.
• We do not guarantee the accuracy, completeness, or suitability of AI-Generated Content.
• You are responsible for reviewing and configuring the bot's instructions to fit your business and for verifying all AI-Generated Content before relying on it.
• Vocal AI is not liable for any business decisions made based on AI-generated responses or for any consequences arising from your use of AI-Generated Content.
• Your customers' messages and call data are sent to applicable AI providers (e.g., Google's Gemini API) for processing in order to generate responses.

24. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms;
• Use of the platform for spam or illegal purposes;
• Failure to pay for a paid subscription;
• Activity that harms other users or the platform.

You may delete your account at any time through your account settings. Upon deletion, all your data, including bot history and conversation logs, is permanently removed within 30 days, except where retention is required by law.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive.

25. Indemnification

You agree to indemnify, defend, and hold harmless Vocal AI and its officers, directors, employees, agents, partners, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use of the Service or any activity under your account;
• Your breach of these Terms;
• Your violation of any third-party rights, including WhatsApp's Terms of Service and Business Policy and any intellectual property rights;
• Any content or data you process through the Service, including your customers' data;
• Any messages or calls sent through your bot or voice agent, including via the Outbound API or auto follow-ups.

This indemnification obligation survives termination of the agreement.

26. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be error-free, uninterrupted, or that AI responses will be accurate.

To the maximum extent permitted by law, Vocal AI and its affiliates, employees, and suppliers shall not be liable for any indirect, special, incidental, consequential, or punitive damages (including loss of profits, business, reputation, data, or business opportunities) under any cause of action, even if we were warned in advance.

Liability Cap: To the maximum extent permitted by law, Vocal AI's total aggregate liability for any claim arising from or relating to these Terms or the Service shall not exceed the amount you paid to Vocal AI in the three (3) months prior to the event giving rise to the claim.

26.1 Platform Liability

No liability for damages of any kind arising from your use of outbound calls or outbound messaging, including violations of telemarketing/privacy/anti-spam laws.

26.2 User Assumes Risk

Use of outbound calls and outbound messages is at your sole risk, including compliance with law, content/timing/recipients.

26.3 No Liability for AI Content

No liability for accuracy/completeness/suitability of AI-Generated Content. Use is at the User's sole responsibility.

27. Waiver Regarding AI-Driven Interactions

The Service includes AI-powered phone agents and AI-powered chatbots (answering, initiating calls and messages, scheduling, answering questions). You have no claim for direct, indirect, or consequential damages arising from:

• Performance, actions, or statements of the voice agent or chatbot (inbound/outbound);
• Unauthorized access to or modification of data;
• Violations of telemarketing or anti-spam laws due to your use;
• Banning or restriction of your WhatsApp number by Meta/WhatsApp;
• Any other matter related to the Service.

This limitation applies to the maximum extent permitted by applicable law.

28. Representations, Warranties, and Disclaimers

Each party represents its right to enter into this agreement. You commit to lawful use and that the data you provide does not infringe third-party rights. The Service is provided "as is" and "as available", without any implied warranties, unless otherwise expressly stated.

29. Dispute Resolution

29.1 This agreement and use of the Service shall be governed solely by the laws of the State of Israel, without regard to its conflict of law provisions.

29.2 Exclusive jurisdiction for any matter and dispute relating to this agreement and/or the Service is granted to the competent courts in the Tel Aviv-Jaffa district. Both parties agree to submit to the personal jurisdiction of such courts.

29.3 The parties will first act to resolve disputes through direct dialogue and good faith.

29.4 Nothing herein shall prevent any party from approaching the court at any time for temporary or urgent relief.

30. General Provisions

30.1 Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Vocal AI regarding the Service. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

30.2 Severability: If any provision is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

30.3 Waiver: Failure to enforce any right or provision does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Vocal AI.

30.4 Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Vocal AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent. Any attempted assignment in violation of this section shall be void.

30.5 Notices: Notices shall be provided via email or through the Service. You consent to receive electronic communications.

30.6 Force Majeure: Neither party shall be liable for any delay or failure in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, internet or telecommunications failures, power outages, WhatsApp/Meta or Google platform outages or policy changes, and third-party service provider failures. The affected party shall make reasonable efforts to mitigate the impact and resume performance as soon as practicable.

30.7 Language: These Terms may be provided in multiple languages. In case of conflict, the Hebrew version prevails.

31. Updates to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted with a revised effective date. For material changes, we will notify you by email at least fourteen (14) days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

32. Trademark Notice

"WhatsApp" and "Meta" are registered trademarks of Meta Platforms, Inc. "Google" and "Gemini" are trademarks of Google LLC. Vocal AI is an independent product and is not affiliated with, endorsed by, sponsored by, or officially connected to Meta Platforms, Inc., WhatsApp Inc., or Google LLC. All trademarks referenced herein belong to their respective owners.

33. Contact Information

For questions about these Terms, please contact us at: contact@vocalai.biz