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. By registering, you represent that you meet these requirements.

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. You are responsible for all activity that occurs under your account. You must 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 speech-to-text, large language models, and text-to-speech
  • Web Chat — an embeddable chat widget for real-time AI-powered 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 via a multi-agent dashboard
  • Appointment Booking — calendar integration and scheduling capabilities, including Epic FHIR for healthcare
  • Analytics and Recordings — call recordings, transcripts, sentiment analysis, and usage analytics

Features may 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 content that is illegal, harmful, fraudulent, or deceptive
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Violate any applicable law or regulation, including telemarketing laws (TCPA, TSR), HIPAA, GDPR, or CCPA
  • Interfere with or disrupt the Service or its infrastructure
  • Attempt to gain unauthorized access to the Service, other accounts, or related systems
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Use the Service for any purpose that exploits, harms, or attempts to harm minors
  • Resell or redistribute the Service without written authorization

We reserve the right to suspend or terminate your account for violations of this section, 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, but is not limited to:

  • Providing clear disclosure to callers that the call may be recorded
  • Obtaining consent where required by applicable state, federal, or international law (including two-party consent jurisdictions)
  • Configuring appropriate disclosure prompts within the Service

Octa Voice provides tools to enable recording disclosure, but compliance with recording laws is your responsibility. We are not liable for your failure to obtain proper consent.

6. Data Processing and AI Usage

The Service uses artificial intelligence, including large language models (LLMs), speech-to-text (STT), and text-to-speech (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 to the Service, including system prompts, knowledge bases, and conversation data. See Section 10 for full intellectual property terms.

7. HIPAA Compliance

The Service offers HIPAA-compliant features for healthcare organizations on our Business plan and above. If you process protected health information (PHI) through the Service, you must:

  • Subscribe to a Business plan or higher
  • Execute a Business Associate Agreement (BAA) with Octa Voice prior to processing any PHI
  • 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 on a monthly subscription basis through Stripe. By subscribing to a paid plan, you agree to:

  • Pay all fees associated with your selected plan, including per-usage charges (voice minutes, LLM tokens, TTS characters, recording storage)
  • Provide accurate billing information and keep it current
  • Automatic renewal of your subscription at the end of each billing cycle unless you cancel before the renewal date

You may cancel your subscription 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. Continued use of the Service after a price change constitutes acceptance of the new pricing.

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. We reserve the right to require a paid plan for continued access to the Service.

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. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

Your property: You retain all rights to your data, including system prompts, knowledge base content, conversation data, recordings, and any content you upload to the Service. You grant us a limited license to process your data solely for the purpose of providing the Service to you.

11. API and Webhook Usage

If you use our APIs or configure webhooks, you agree to:

  • Keep API tokens and credentials confidential
  • Not exceed reasonable rate limits (published in our API documentation)
  • Ensure webhook endpoints are secure (HTTPS) and respond within reasonable timeframes
  • Not use the API to build a competing service

We may throttle or suspend API access if we detect abuse or excessive usage that degrades the Service for other users.

12. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

Enterprise plan: Customers on our Enterprise plan may negotiate a separate Service Level Agreement (SLA) with defined uptime commitments and remedies.

All other plans: The Service is provided on an "as is" and "as available" basis without any uptime guarantees or SLA.

13. Limitation of Liability

To the maximum extent permitted by law:

  • The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption
  • Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not liable for the accuracy, completeness, or appropriateness of AI-generated responses
  • We are not liable for any actions taken by end users (callers, chat visitors) 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 (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party rights.

15. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your subscription and ceasing use of the Service. We may terminate or suspend your access immediately, without prior notice, if:

  • You breach these Terms
  • We are required to do so by law
  • We discontinue the Service

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination, during which you may request an export. After 30 days, we may delete your data permanently.

16. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.

18. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Octa Voice regarding the Service.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
  • Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Contact

For questions about these Terms, contact us at:

Email: legal@octavoice.ai
Website: https://octavoice.ai