Last Updated: October 2, 2024
1. Introduction
Please read these Terms of Service (these “Terms”) carefully, as they constitute a legally binding agreement between Superpowered Labs Inc., a Delaware corporation (“Voicetta,” “we,” “us” or “our”) and an end-user (“you” and “your”) and apply to your use of our website and Services (as defined below). In case you are utilizing the Services as a representative of a party (e.g. your employer or customer, collectively the “Client”), your acceptance of these Terms also binds the Client.
This is a binding agreement. If you use the Services or click accept or agree to these Terms if presented to you in a user interface for the Services, or you have signed a subscription agreement that serves as a master agreement, you are legally bound by the obligations in these Terms. If you are entering into these Terms on behalf of a Client, you represent and warrant that you have the authority to bind the Client to these Terms, and any reference to “you” and “your” will refer and apply to that party. If you do not agree to all of these Terms, you shall not use the Service and you should not set up an Account (as defined).
By agreeing to these Terms, you expressly agree that except for limited circumstances, the parties will only resolve disputes by arbitration, solely on an individual basis.
2. Acceptance of those Terms
You hereby agree to accept these Terms by opening an account under a username, notwithstanding any existing services agreement to which you may also be signatory which incorporated these Terms by reference.
You also agree to abide by other Voicetta rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.
Once you accept these Terms you are bound by them until they are terminated. See Section 7 (Term and Termination).
3. Using the Services
a) Right to Use and License.
Subject to your compliance with these Terms, Voicetta hereby grants you a non-exclusive, non-transferable, non-assignable non-sublicensable and revocable (i) right to use the Services and, as applicable, and (ii) where applicable in cases of on premise installations, license to object code that is installed in your Systems (where “Systems” means computing machine running code, whether on your premise or on a 3rd party’s cloud platform), solely for the purposes of utilizing our Service to deploy AI voice agents and solely in the manner described in these Terms and in any technical documentation contained in, or provided with, the Services.
You acknowledge and agree that you are only being granted a right to use the Services and nothing is being sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Service in accordance with the use rights specified and other terms, conditions, and restrictions of these Terms. We reserve all other rights that are not granted in these Terms.
See Section 4 for more details on your use and Intellectual Property Rights (as defined) under these Terms.
b) What We Provide.
The Services include but are not limited to a hosted software solution (“Platform”) that allows you to create voice agents that can interact with your customers and stakeholders and respond to queries by such individuals in the most realistic manner possible.
Our Platform (think of it as an orchestration layer over three modules that are provided by various suppliers as well as a collection of tools, including a web dashboard (“Dashboard”)) allows you to, either via our API or via the Dashboard, utilize transcribing service module and intake/record stakeholder speech (usually on your device) followed by transcription of the speech to text (either on your device or in a cloud server), and then processing of the text on a trained large language model (“LLM” or “AI Model”) to generate responses, and then conversion of text to speech to be delivered to the stakeholder (using the voice module) (the Platform and additional value adds, such as phone numbers that connect to our Platform, but excluding Providers’ offering, collectively, the “Services”).
Our Platform stitches together the various modules’ individual steps to provide a smooth & responsive conversation which is notable not only for being latency-optimized, but also for being realistic as our custom models creates a conversational experience that feels human, utilizing tools in respect of managing endpointing, interruptions, filtering of background noise and voice, and more.
c) Third-Parties.
Our control layer interacts with our third-party service providers (our “Providers”) as part of Services or parties that you wish to utilize. We expect our Providers list to grow with time. You understand and agree that when you use the various aspects of the Services (i.e. the transcription (i.e. through providers such as Deepgram), the LLM processing (we support any OpenAI-compatible endpoint, including Azure OpenAI, or your own custom LLM) and our voice generation (all voice providers are supported)) we will be sharing Your Content (as defined) with each Provider, subject to each Provider’s individual terms and conditions. We do not make any representation and warranties on any Provider’s behalf, nor are we an agent of any such Provider. We principally provide you a control layer to obtain the best experience possible for AI enabled voice agents using each such Provider’s capabilities.
Our Services are very flexible and our Platform allows you to conveniently customize which third parties you would like to use as part of the Services (whether our Providers or your own, including your own AI Models). If you have existing accounts with any of our Providers, you can bring your own API keys to Vocetta. You can add them in the Dashboard under the Provider Keys tab. Once your API key is validated, you won’t be charged when using that provider through Voicetta. Instead, you’ll be charged directly by the provider. The fees we charge you bundles in the usage fee from each of our Providers on a per use basis and our fee will be modified accordingly. Enterprise customers shall be subject to custom pricing schemes. For more details on customization and other details on our Service please contact us at hi@voicetta.com
You will in certain instances, need to have separate subscriptions with our Providers. For instance, if you would like to utilize the benefits of certain voice generation module providers (i.e. ElevenLabs or PlayHT) you will need to subscribe to an API plan that suits your needs with the respective Provider, as further described in out documentation on our website.
d) Use Restrictions.
You agree to not, directly or indirectly (and will not permit any third party) to:
i. do anything with the Services other than use them for your own use as intended under these Terms, including not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
ii. use Voicetta’s name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms;
iii. remove, alter or destroy any copyright notices or other proprietary markings (trademarks, service marks or other proprietary notices) contained on or in the Services or infringe Voicetta’s Intellectual Property Rights (as defined);
iv. copy, modify, translate, adapt, merge, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or its content on the Services, other than as expressly permitted by these Terms or enabled by the Services’ intended functionality, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
v. reverse engineer, duplicate, decompile, disassemble, or decode any part of the software we provide or the Services, or otherwise extract the source code of the software of the Service;
vi. use any robot, spider, crawler, scraper, avatar, miner or other manual or automated means to access the Services, “scrape” or download data from any part of our Platform or our website, or extract any information that doesn’t relate to Your Content;
vii. upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
viii. disrupt or hinder (or try to do so) any of the Service’s web pages, connected servers or networks, or technical systems of a Provider, or not follow protocols or guidelines linked to the Service;
ix. try to detect, scan, or test any vulnerabilities of the Services or any of our or our Provider’s system or network, or breach or override any security or authentication protections for the Services;
x. pretend to be someone else or falsely represent your association with any other entity;
xi. access the Service in ways that are not authorized by these Terms;
xii. leverage the Service to produce datasets for neural network training, machine modeling, or developing templates or products for third-party;
xiii. transmit, distribute, publish, use, or otherwise make available, through or in connection with the Services any material that would give rise to criminal or civil liability; or
xiv. create AI voice agents using our Services for any illegal purpose.
In all cases, Voicetta will determine in our sole discretion whether any action of an end-user violates the above rules.
e. Service Updates.
You understand that the Services will evolve from time to time. You acknowledge and agree that Voicetta may update the Services on the Platform with or without notifying you, including adding or removing features, products, or functionalities. Voicetta may also require you to accept updates to the software that you have installed on your System as applicable.
f. Fees.
Usage of our Services is subject to the fees that are set out on our website. The fees you pay will be directly correlated with the amount of voice minutes processed through Voicetta volume transmitted to our Platform.
Nothing prevents us from revising the monthly fees charged for our Services, or introducing new features and benefits and charging additional amounts. Your costs under any subscription to our Services will not change until your then current term of subscription (e.g. if you are a monthly subscriber, then at the end of the month we revise our fees).
Our fees are separate and apart from the fees our Providers charge or those third parties that you may have subscribed to yourself.
4. Creating an Account
a) Registration.
To access the Services, you must register and obtain login credentials for an account (“Account”) and provide information as prompted by the account registration flow. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current and complete. You may delete your Account at any time, for any reason in accordance with Section 7(b).
b) Eligibility.
The Services are only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. You are not eligible to be a Client or an end-user if you are barred from using the Services under the laws of the United States or any other applicable jurisdiction, including pursuant to Section 15 (Export Control) in these Terms.
c) User Information & Credentials.
When you create an Account with Voicetta, you will be asked to choose a username and password. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use of the Services in connection with your login credentials, with or without your knowledge. You may not share your Account or password with anyone, and you agree to notify Vocetta immediately of any actual or suspected unauthorized use of your Account, your password or any other breach of security as related to the Services, including on any hardware device which you may use to access our Services. Each end user must maintain their own credentials.
5. Intellectual Property Rights, Ownership and Grants
a) Your Content.
When you utilize our Service, all materials uploaded to or transmitted via the Platform is your content (“Your Content”). You own all rights and title in Your Content, including any Intellectual Property Rights (as defined). Voicetta does not claim any ownership of Your Content or assert any rights under your Intellectual Property Rights other than as granted under these Terms.
b) Rights You Grant Us.
i. You hereby grant Voicetta a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, and distribute (“Handle”) Your Content during the Term. This license to Handle is solely for the purpose of us and our Providers providing you the Services.
The specific information you permit us to Handle is determined by customizable settings that are in your control.
Our API has a “hipaaEnabled” option, that limits Voicetta use of data if set to the “True” setting. If set to “True”, data persistence (which refers to the ability of data to survive after the call is made to the Platform is completed) is disabled, Voicetta would only has access to data inserted into the Platform via the Dashboard / API until deleted as per retention policy or manually by you and no call logs, recordings, or transcriptions are stored by us during or after your call. No information may be utilized for training our AI model.
Alternatively, if “hipaaEnabled” option set to “False”, call data persistence is enabled, and we would have access to all audio data, transcripts, and data injected into the Platform via the Dashboard / API until deleted as per retention policy or manually by you. In this case, you grant us a right to use persisted call data on model training for either Voicetta proprietary model or on-premise hosted models for call improvement features, including but not limited to end-of-turn and interruption detection.
We do not utilize Your Content to obtain any customer specific intelligence. Our scope of use of data in all instances is only for purposes of enhancing call features, latency and the performance of your AI voice agents, and does not in any way relate to capturing and using personal information of any caller or any information/inputs of a caller in respect of your business or the caller.
ii. You agree that submission of any ideas, suggestions, documents, and/or proposals to Voicetta (“Feedback”) is at your own risk and that Voicetta has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Voicetta a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose.
c) Voicetta’s Rights.
The Services utilizes technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary LLM, content, information, software, images, text, graphics, illustrations, logos, and as applicable audio and video. Voicetta and its licensors reserve all ownership and Intellectual Property Rights to all parts of our Services. For the purposes of these Terms, “Intellectual Property Rights” means all (i) patents, patent disclosures, and inventions (whether patentable or not), (ii) trademarks, (iii) copyrights and copyrightable works (including computer programs), and rights in data and databases, and (iv) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. Your use rights, as set out under Section 2 above are subject to compliance with these Terms and as applicable payment of the applicable fees.
d) Rights Granted to Third Parties
Providers that deliver part of our Services, whether pursuant to a contract directly with you or though us, require rights to Handle Your Content as applicable to the service they provide. Each Provider has its own contractual terms that apply. Please review the specific terms of service or equivalent agreement which apply to the Provider that you elect to utilize in respect of each of the Service module for transcription, LLM, and voice generation. While we expect each Provider to comport to industry norms and comply with their privacy policies and the license and rights granted to them under terms agreed upon with you, we do not monitor nor make any guarantees or warranties in respect of their compliance with their contractual and legal obligations.