Terms of Service

1. Definitions

"Service" means the Voqua.ai AI receptionist and voice-agent platform, including AI voice agents, call handling, appointment booking, integrations, dashboards, and related features.

"AI Agent" means the automated, artificial-intelligence voice assistant configured through the Service that answers, places, or handles telephone calls on your behalf.

"Customer Data" means data you or your end users provide to or generate through the Service, including business information, call recordings, transcripts, and contact details.

"End User" means any third party who calls, is called by, or otherwise interacts with your AI Agent (for example, your customers or prospects).

"Output" means any content, response, transcription, summary, booking, or other result generated by the AI Agent.

2. Eligibility and Accounts

You must be at least 18 years old and authorized to bind your business to these Terms. You agree to provide accurate registration information, including a valid business name, website, industry, verified email address, and verified phone number, and to keep it current.

You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Notify us immediately of any unauthorized use. The Service is intended for business use only and not for personal, household, or consumer purposes.

3. The Service and AI Agents

The Service enables you to configure AI Agents that answer and handle telephone calls, respond to inquiries, and book appointments. You are solely responsible for configuring your AI Agent, reviewing the information it draws from (including any content scraped from your website), and ensuring it is accurate and appropriate for your business.

3.1 AI-Generated Output

The Service uses artificial intelligence. AI-generated Output is probabilistic and may be inaccurate, incomplete, or unexpected. Two identical inputs may produce different Outputs. You acknowledge that the AI Agent may occasionally mishandle a call, provide incorrect information, mis-book an appointment, or fail to capture information correctly. You are responsible for reviewing and verifying Output before relying on it for any business, financial, legal, or other decision.

3.2 Not Emergency Services

The Service is NOT designed or intended to handle emergency calls or to be used where the failure of the Service could lead to death, personal injury, or property damage. The AI Agent is not a substitute for emergency services (such as 911). You must not represent the Service as capable of handling emergencies, and you are responsible for directing End Users with emergencies to appropriate emergency services.

4. Telephone Calls, Recording, and Regulatory Compliance

This is the most important section for both parties. Telephone calls and call recordings are heavily regulated. Read it carefully.

4.1 You Are the Caller

For all calls placed or received through your AI Agent, you are the party legally responsible for compliance with all applicable telecommunications laws, including the U.S. Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state "mini-TCPA" and call-recording statutes, Do-Not-Call (DNC) requirements, and any equivalent laws in your jurisdiction. Voqua provides the technology; you control who is called, when, why, and with what consent.

4.2 Your Compliance Obligations

You represent, warrant, and agree that you will, at your own expense:

• Obtain and maintain all legally required consents (including prior express written consent where required) before your AI Agent places any call or sends any message to any person, tied to the specific number and purpose;
• Ensure that appropriate disclosure is provided that the caller is an automated/artificial-intelligence voice system where required by law;
• Obtain all consents required to record calls, including in jurisdictions requiring the consent of all parties to the call ("two-party" or "all-party" consent states);
• Scrub against and honor all applicable Do-Not-Call lists and opt-out/revocation requests, and restrict calling to legally permitted hours;
• Maintain your own records of consent and comply with all recordkeeping requirements; and
• Not use the Service for unlawful, deceptive, harassing, or fraudulent calling, or in any manner that violates applicable law.

4.3 Voqua's Role

We provide features intended to support your compliance (which may include AI disclosure prompts, call-time controls, opt-out handling, and call logging). These features are tools to assist you; they do not transfer legal responsibility to us and do not constitute legal advice. You remain solely responsible for your lawful use of the Service.

4.4 Indemnification for Calling Activity

You agree to indemnify, defend, and hold harmless Voqua from any claims, penalties, fines, damages, and costs (including reasonable attorneys' fees) arising out of or related to calls, messages, or recordings made or received through your use of the Service, or your violation of any telecommunications, privacy, or recording law. This obligation survives termination.

5. Acceptable Use

You agree not to, and not to permit any End User or third party to:

• Use the Service for any unlawful, harmful, fraudulent, deceptive, defamatory, or abusive purpose;
• Use the AI Agent to impersonate any person or entity without authorization, or to clone or imitate any individual's voice without that individual's consent;
• Generate or distribute deepfakes, disinformation, scams, or content that violates the rights of others;
• Attempt to reverse engineer, decompile, jailbreak, or extract the underlying models, or use the Service to build a competing product or train a competing model;
• Interfere with, overload, or disrupt the Service or attempt to gain unauthorized access to it;
• Violate any applicable law or the rights (including privacy and intellectual-property rights) of any person.

We may suspend or terminate access, with or without notice, for any actual or suspected violation of this Section, and we may remove or disable content that violates these Terms.

6. Fees, Free Trials, Billing, and Renewals

Your subscription is governed by the plan terms presented at the point of purchase together with the subsections below.

6.1 Fees and Plans

You agree to pay the fees for the plan you select. Fees, usage limits, included minutes, and overage rates are described at the point of purchase and may change on prospective notice. Except as expressly stated or required by law, fees are non-refundable.

6.2 Free Trials

We may offer a free trial for a stated period. Unless you cancel before the trial ends, or unless otherwise stated at signup, the trial may convert to a paid subscription or the Service may cease. We reserve the right to modify or discontinue trials and to determine eligibility.

6.3 Auto-Renewal and Cancellation

Subscriptions may automatically renew for successive periods unless cancelled before the renewal date. You authorize us (and our payment processor) to charge your payment method on a recurring basis until you cancel. You may cancel as described in the Service; cancellation takes effect at the end of the current billing period unless otherwise required by law.

6.4 Promotions and Coupons

Discount codes and promotional offers are subject to their stated terms, are limited-time, non-transferable, have no cash value, and may be modified or withdrawn. Only one offer may apply unless expressly stated.

6.5 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes, other than taxes on our net income.

7. Third-Party Services and Telephony Providers

The Service relies on third-party providers, including telephony carriers, cloud infrastructure, AI model providers, and integrations you connect (such as calendars and CRMs). Your use may be subject to those providers' terms and availability. We are not responsible for third-party services, and their acts, omissions, outages, or policy changes may affect the Service. Telephone numbers provisioned through the Service are subject to carrier terms and may be subject to porting and regulatory rules.

8. Customer Data, Privacy, and AI Training

Your data and your End Users' data are handled as described in this Section and in our Privacy Policy.

8.1 Ownership

As between the parties, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, transmit, and use Customer Data solely to provide, secure, and improve the Service and as otherwise described in our Privacy Policy.

8.2 Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy at https://www.voqua.ai/privacy, incorporated by reference. You are responsible for having a lawful basis and all necessary notices and consents for the personal information (including End User information, call recordings, and transcripts) you process through the Service. Where applicable data-protection laws require it (such as the CCPA/CPRA, GDPR, or UK GDPR), the parties will enter into a Data Processing Agreement ("DPA"), which governs in the event of a conflict on data-processing matters.

8.3 AI Providers and Model Training

We do not use your Customer Data — including call recordings, transcripts, voice-agent configurations, or knowledge-base content — to train AI models, and our third-party AI providers are contractually prohibited from using your Customer Data to train theirs. Your Customer Data is processed by these providers solely to deliver the Service. For Google user data accessed through Google account integrations, our AI providers comply with Google's Limited Use requirements and do not use Google user data for model training. Our telephony and infrastructure providers (including our telephony carrier and cloud host) process call data solely to operate the Service. A current list of sub-processors is available on request. We may use aggregated and de-identified data that does not identify you or any End User to operate, secure, and improve the Service.

For clarity: our AI providers remain our sub-processors. We are responsible to you for our data-processing chain; nothing in this Section transfers our obligations under these Terms or applicable law to any third-party provider.

8.4 Security

We implement reasonable technical and organizational measures designed to protect Customer Data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

9. Intellectual Property and Trademarks

Ownership of the Service, our brand, and your content is allocated as set out in the subsections below.

9.1 Ownership of the Service

The Service, including all software, source code, models, designs, user interfaces, documentation, and other content we provide (excluding Customer Data), is owned by Green Future Innovations LLC or its licensors and is protected by copyright, trade-secret, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription, subject to these Terms. All rights not expressly granted are reserved.

9.2 Trademarks and Brand Assets

"VOQUA," "VOQUA.AI," the Voqua logo, and associated names, marks, slogans, and taglines (including "The Voice Intelligence Company" and "The Voice That Commands") are trademarks and brand assets of Green Future Innovations LLC (collectively, the "Voqua Marks"). You may not use, register, or display the Voqua Marks, or any confusingly similar mark, without our prior written permission, except to accurately identify Voqua as your service provider. Any goodwill arising from use of the Voqua Marks inures solely to our benefit. We reserve all rights in the Voqua Marks.

9.3 Customer Data and Output

You retain all rights in your Customer Data and, as between the parties, in Output generated for your business, subject to the licenses granted in these Terms. You are responsible for ensuring you have the rights necessary to your Customer Data and its use with the Service.

9.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

10. Disclaimers of Warranties

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND OUTPUT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOQUA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING THOSE ARISING FROM AI OUTPUT, MISSED OR MISHANDLED CALLS, ERRORS, OR SERVICE INTERRUPTIONS. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

In addition to Section 4.4, you agree to indemnify, defend, and hold harmless Voqua and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Customer Data or Output generated for you; (c) your violation of these Terms or any law; or (d) your violation of the rights of any third party, including any End User.

13. Term, Suspension, and Termination

These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate your access for violation of these Terms, non-payment, legal or security reasons, or discontinuation of the Service. Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including compliance, indemnification, disclaimers, limitation of liability, and dispute resolution) survive termination. We will handle Customer Data upon termination as described in our Privacy Policy and any DPA.

14. Governing Law and Dispute Resolution

Disputes are resolved as set out in the subsections below, including binding individual arbitration where applicable.

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act ("FAA") governs Section 14.3 (Arbitration). Subject to Section 14.3, the state and federal courts located in Travis County, Texas will have exclusive jurisdiction over any dispute not subject to arbitration, and each party consents to personal jurisdiction and venue there.

14.2 Informal Resolution First

Before filing any claim, the party with the dispute must send the other a written notice describing the dispute and the relief sought (to us: legal@voqua.ai; to you: the email on your account). The parties will attempt in good faith to resolve the dispute informally for sixty (60) days from the notice. Most concerns can be resolved this way, quickly and without cost to either party. A claim may be filed only after this period.

14.3 Binding Arbitration (Mutual)

Except as provided in Section 14.4, both you and Voqua agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, where applicable, its Expedited Procedures), before a single arbitrator. The arbitration will be conducted in English. The seat of arbitration is Austin, Travis County, Texas; for claims under $25,000, either party may elect that the arbitration be conducted remotely (by videoconference or on written submissions). Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that only a court may decide disputes about the Class Action Waiver in Section 14.5.

14.4 Exceptions

Either party may: (a) bring an individual claim in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. These exceptions apply equally to both parties.

14.5 Class Action and Jury Trial Waiver

BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. All claims must be brought in each party's individual capacity. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court under Section 14.1, and the waiver will remain enforceable for all other claims.

14.6 Fees and Fairness

Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA's rules and fee schedules. If your claim is for less than $10,000 and you are unable to afford the filing fee, we will pay the AAA filing fee on your behalf upon written request. Each party bears its own attorneys' fees and costs unless the arbitrator finds a claim or defense was frivolous or brought in bad faith, or applicable law provides otherwise. The arbitrator may award the same individual relief a court could award.

14.7 Your Right to Opt Out

You may opt out of this arbitration agreement (Sections 14.3 and 14.5) without any penalty by emailing legal@voqua.ai within thirty (30) days of first accepting these Terms, stating your account email and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 14.1, and all other provisions of these Terms remain in effect.

14.8 Severability of Arbitration Terms

If any part of this Section 14 (other than the Class Action Waiver, addressed in 14.5) is found unenforceable, the remainder will remain in effect.

15. Changes to the Service or These Terms

We may modify the Service or these Terms from time to time. If we make material changes, we will provide reasonable notice (such as by email or in-product notice). Your continued use after changes take effect constitutes acceptance. We maintain version control of these Terms; the "Last Updated" date reflects the current version.

16. General

These Terms (together with the Privacy Policy, any DPA, and any order or plan terms) are the entire agreement between you and Voqua regarding the Service and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship. Notices to you may be provided via the Service or the email on your account.

17. Contact

Green Future Innovations LLC (DBA Voqua.ai)

5900 Balcones Drive, Suite 100, Austin, TX 78731, United States

Questions about these Terms may be sent to legal@voqua.ai or the address above.

SMS Messaging Program Terms

1. Program. By opting in, you agree to receive recurring transactional text messages from VOQUA — booking confirmations, appointment reminders, account notifications, and one-time verification codes (OTP).

2. Opt-in. You opt in by entering your mobile number and agreeing to receive texts at signup, or by confirming SMS updates when booking through our service.

3. Frequency. Message frequency varies based on your account and appointment activity.

4. Cost. Message and data rates may apply, according to your mobile carrier plan.

5. Opt-out. Reply STOP at any time to cancel. You will receive one final message confirming your opt-out.

6. Help. Reply HELP for assistance, or contact support@voqua.ai.

7. Carrier liability. Carriers are not liable for delayed or undelivered messages.

8. Supported carriers. Includes major U.S. carriers (AT&T, Verizon, T-Mobile) and others; carrier support may change without notice.