Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between Voxgard, Inc. (“Voxgard,” “we,” “us”) and the business or individual accepting them (“Customer,” “you”). They govern your access to and use of the Voxgard AI receptionist platform, dashboard, telephony and messaging services, and related services (collectively, the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms, our Privacy Policy, and — if you purchase a subscription — the Subscription & Billing Agreement presented at checkout.
1. The Service
Voxgard provides an AI-powered virtual receptionist that answers, places, and processes phone calls and text messages on your behalf, transcribes and summarizes conversations, and exposes the results in a web dashboard. You understand that the Service uses automated artificial-intelligence systems: responses are generated by machine-learning models and, despite safeguards, may occasionally be inaccurate, incomplete, or inappropriate. The Service is a business tool — it is not a substitute for professional, legal, medical, or emergency services, and must not be relied on for emergency (911) calling.
2. Accounts and eligibility
You must be at least 18 years old and use the Service on behalf of a business. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account. You must notify us promptly of any unauthorized use.
3. Your responsibilities and compliance
You retain full responsibility for how the Service is used with your callers and contacts. In particular, you agree that you will:
(a) comply with all laws applicable to your use, including telephone-consumer,
telemarketing, and automatic-dialing laws (e.g. the U.S. TCPA and TSR), call-recording
consent laws (which in some states, including California, require all-party consent),
and text-messaging rules (including honoring STOP/opt-out requests);
(b) provide any notices and obtain any consents required from your callers for call
recording, transcription, and AI processing;
(c) not use the Service for unlawful, deceptive, harassing, or fraudulent purposes,
robocalling or unsolicited marketing in violation of law, impersonation of others, or
transmission of malicious content; and
(d) not attempt to probe, disrupt, reverse-engineer, or gain unauthorized access to the
Service or its infrastructure.
We may suspend or terminate accounts engaged in prohibited use.
4. Phone numbers and telephony
Phone numbers provisioned through the Service are provided via our telecommunications partners and remain subject to their rules and to carrier and regulatory requirements (including A2P/10DLC registration for SMS in the U.S.). Numbers may need to be reassigned or released if a subscription ends. Porting existing numbers in or out is supported where the underlying carrier permits it.
5. Subscriptions, trials, and billing
Paid plans, included call minutes, per-minute overage rates, and current prices are shown at voxgard.com/pricing and at checkout. Billing terms — including the free trial, automatic recurring charges, metered overage, taxes, cancellation, and refunds — are set out in the Subscription & Billing Agreement you accept at checkout, which forms part of these Terms. In short: subscriptions renew automatically each billing cycle until cancelled; usage beyond your plan's included minutes is charged at your plan's overage rate; and you can cancel at any time, effective at the end of the current billing period.
6. Your data; our use of it
As between the parties, you own the data you and your callers submit through the Service — call recordings, transcripts, messages, and contact records (“Customer Data”). You grant us the rights needed to operate the Service: to record, store, transcribe, process (including with third-party AI, speech, and telephony providers acting as our subprocessors), and display Customer Data to you and your team. We do not sell Customer Data. Our handling of personal information is described in the Privacy Policy.
7. Intellectual property
We retain all rights in the Service, its software, models, and branding. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription. Feedback you provide may be used by us without restriction.
8. Confidentiality
Each party will protect the other's non-public information with reasonable care and use it only as needed to perform under these Terms.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOXGARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (B) VOXGARD'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID TO VOXGARD IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR YOUR BREACH OF SECTION 3.
11. Indemnification
You will defend and indemnify Voxgard against third-party claims arising from your Customer Data, your use of the Service in violation of law or Section 3 (including call-recording-consent and TCPA claims), or your products and services.
12. Term, suspension, and termination
These Terms apply while you use the Service. Either party may terminate for material breach not cured within 30 days of notice. We may suspend the Service for non-payment (as described in the Subscription & Billing Agreement), security risk, or unlawful use. Upon termination you may export your Customer Data from the dashboard for 30 days, after which we may delete it in the ordinary course.
13. Changes
We may update the Service and these Terms. For material changes we will give notice (e.g. by email or in the dashboard) at least 14 days before they take effect; continued use after the effective date constitutes acceptance. Pricing changes are handled as described in the Subscription & Billing Agreement.
14. Governing law and disputes
These Terms are governed by the laws of the State of California, U.S.A., excluding its conflict-of-laws rules. The state and federal courts located in California will have exclusive jurisdiction, and each party consents to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief.
15. General
These Terms, the Privacy Policy, and the Subscription & Billing Agreement are the entire agreement and supersede prior discussions. If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our consent, except to a successor in a merger or asset sale. Notices to Voxgard: info@voxgard.com.
16. Language
These Terms are drafted in English. Translations may be provided for convenience only; in case of any conflict or ambiguity, the English version controls.