Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Octa Voice platform, including our website at octavoice.ai, APIs, dashboards, chat widgets, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

The Service is operated by Octa Voice ("we," "us," or "our"). If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. The Service is intended for business use.

2. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password and API tokens. Notify us immediately at legal@octavoice.ai if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.

3. Service Description

Octa Voice is a multi-tenant, omnichannel AI communication platform. The Service includes:

• AI Voice Calls — automated inbound and outbound voice calls powered by STT, LLMs, and TTS.
• Web Chat — an embeddable chat widget for real-time AI conversations on your website.
• SMS — two-way text message conversations via assigned phone numbers.
• WhatsApp — AI-powered conversations through the WhatsApp Business platform.
• Live Agent Handoff — transfer of conversations from AI to human agents.
• Appointment Booking — calendar integration and scheduling, including Epic FHIR.
• Analytics and Recordings — call recordings, transcripts, sentiment analysis, usage analytics.

Features vary by plan. We reserve the right to modify, add, or discontinue features with reasonable notice.

4. Acceptable Use

You agree not to use the Service to:

• Send unsolicited communications, spam, or bulk messages without proper consent.
• Harass, threaten, defame, or intimidate any person.
• Transmit illegal, harmful, fraudulent, or deceptive content.
• Impersonate any person or entity.
• Violate any applicable law or regulation (TCPA, TSR, HIPAA, GDPR, CCPA).
• Interfere with or disrupt the Service or its infrastructure.
• Attempt unauthorized access to the Service, other accounts, or related systems.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service for purposes that exploit or harm minors.
• Resell or redistribute the Service without written authorization.

We reserve the right to suspend or terminate your account for violations, with or without notice.

5. Voice Recording Consent and Disclosure

If you enable call recording, you are solely responsible for complying with all applicable laws regarding recording consent. This includes providing clear disclosure to callers, obtaining consent where required (including two-party consent jurisdictions), and configuring appropriate disclosure prompts within the Service.

Octa Voice provides tools to enable recording disclosure, but compliance with recording laws is your responsibility.

6. Data Processing and AI Usage

The Service uses artificial intelligence, including large language models (LLMs), STT, and TTS, to process conversations. By using the Service, you acknowledge that:

• Conversation content is processed by AI models to generate responses.
• AI-generated responses may not always be accurate, complete, or appropriate.
• You are responsible for reviewing and configuring AI behavior via system prompts and knowledge bases.
• We do not use your conversation data, recordings, or knowledge base content to train our AI models or any third-party models.

You retain ownership of all content you provide. See Section 10.

7. HIPAA Compliance

The Service offers HIPAA-compliant features on our Business plan and above. If you process PHI through the Service, you must subscribe to Business or higher, execute a BAA with us prior to processing any PHI, and configure the Service in accordance with HIPAA requirements.

Use of the Service to process PHI without a signed BAA is a violation of these Terms and may result in immediate termination. To request a BAA, contact legal@octavoice.ai.

8. Billing and Payments

Paid plans are billed monthly through Stripe. By subscribing to a paid plan, you agree to pay all fees (including per-usage charges), provide accurate billing information, and automatic renewal unless you cancel before the renewal date.

You may cancel at any time through your account dashboard. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods.

We reserve the right to change pricing with 30 days' written notice.

9. Free Tier and Trials

We may offer free tiers or trial periods at our discretion. Free tiers are subject to usage limits and may be modified or discontinued at any time.

10. Intellectual Property

Our property: The Service, including all software, algorithms, designs, documentation, and branding, is owned by Octa Voice and protected by intellectual property laws.

Your property: You retain all rights to your data — system prompts, knowledge base content, conversation data, recordings. You grant us a limited license to process your data solely to provide the Service to you.

11. API and Webhook Usage

If you use our APIs or configure webhooks, you agree to keep credentials confidential, respect published rate limits, ensure webhook endpoints are secure (HTTPS), and not use the API to build a competing service.

12. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. Enterprise customers may negotiate a separate SLA with defined uptime commitments. All other plans are provided on an "as is" and "as available" basis without uptime guarantees.

13. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind.
• We are not liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
• We are not liable for the accuracy of AI-generated responses.
• We are not liable for actions taken by end users based on AI-generated content.

14. Indemnification

You agree to indemnify, defend, and hold harmless Octa Voice, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Service or your violation of these Terms.

15. Termination

Either party may terminate these Terms at any time. We may terminate or suspend your access immediately if you breach these Terms, we are required to do so by law, or we discontinue the Service.

Upon termination, your right to use the Service ceases immediately. We retain your data for 30 days to allow for export, then may delete it permanently.

16. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before the changes take effect.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States. Disputes shall be resolved in Delaware state or federal courts.

18. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement.
• Severability: If any provision is unenforceable, the rest remain in effect.
• Waiver: Failure to enforce any provision does not constitute a waiver.
• Assignment: You may not assign these Terms without our written consent.

19. Contact

Email: legal@octavoice.ai