1. Introduction
Welcome to Voicegram. These Terms of Service ("Terms") constitute a legally binding agreement between you and Voicegram LLC ("Voicegram," "we," "us," or "our") governing your access to and use of the Voicegram platform, including our website, widget, APIs, and related services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
2. Definitions
- "Service" refers to the Voicegram platform, including the website, embeddable widget, APIs, dashboard, and all related features and functionality.
- "User" or "Customer" refers to any individual or entity that registers for an account and uses the Service to collect voicemails.
- "Caller" or "Visitor" refers to any individual who leaves a voicemail message through the widget embedded on a Customer's website.
- "Content" refers to all audio recordings, transcriptions, summaries, and any other data submitted through or generated by the Service.
- "Widget" refers to the embeddable voicemail recording interface that Customers integrate into their websites.
3. Service Description
Voicegram provides an embeddable voicemail widget that allows website visitors to leave voice messages. The Service includes:
- An embeddable widget for recording voice messages on your website
- Email verification for callers to prevent spam and abuse
- AI-powered transcription of voice messages using Deepgram Nova-3
- AI-generated summaries of voicemail content using Claude 3 Haiku
- Email delivery of voicemails with transcriptions and summaries
- A dashboard to manage domains, view voicemails, and configure settings
- Secure storage of recordings and transcriptions in Cloudflare R2
4. Eligibility
To use the Service, you must:
- Be at least 18 years of age or the age of legal majority in your jurisdiction
- Have the legal authority to enter into these Terms on behalf of yourself or the organization you represent
- Not be prohibited from using the Service under applicable laws
- Provide accurate and complete registration information
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
5. Account Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.
6. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
Prohibited Content
- Use the Service to collect, transmit, or store content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Record or facilitate the recording of individuals without their knowledge and consent where required by law
- Collect sensitive personal information (such as Social Security numbers, financial account numbers, or health information) through the Service without appropriate safeguards
- Use the Service to distribute spam, malware, or other malicious content
Prohibited Activities
- Attempt to circumvent any security measures, rate limits, or bot protection systems
- Use automated scripts, bots, or other means to access or interact with the Service in an unauthorized manner
- Reverse engineer, decompile, or disassemble any part of the Service
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
- Use the Service in any manner that could damage, disable, overburden, or impair the Service
Compliance Requirements
- Comply with all applicable laws and regulations, including privacy and data protection laws
- Obtain all necessary consents from callers before recording their messages
- Clearly disclose to callers that their messages may be recorded and transcribed
- Comply with our rate limits and usage restrictions as specified in your plan
7. Payment and Billing
Plans and Pricing
Voicegram offers the following subscription plans: Free, Starter, Pro, Business, and Enterprise. Each plan includes different features, limits, and pricing as described on our pricing page.
Billing Cycles
Paid subscriptions are billed either monthly or annually, as selected at the time of purchase. Annual subscriptions are billed upfront for the entire year and include a discount compared to monthly billing.
Payment Processing
All payments are processed by Paddle.com Market Ltd ("Paddle"), our authorized payment processor. By subscribing to a paid plan, you agree to Paddle's terms of service and authorize Paddle to charge your payment method. Paddle handles all billing, invoicing, and payment-related inquiries.
Overage Charges
If you exceed the voicemail limit included in your plan, you will be charged the overage rate specified for your plan. Overage charges are billed at the end of each billing cycle.
Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan at each renewal.
Cancellation Policy
You may cancel your subscription at any time through your account dashboard. Upon cancellation:
- Your subscription will remain active until the end of your current billing period
- No prorated refunds will be issued for unused portions of your subscription
- Your account will revert to the Free plan at the end of the billing period
- Voicemails will be retained according to the Free plan retention period (7 days)
Refunds
Generally, all payments are non-refundable. In exceptional circumstances, refund requests may be considered at our sole discretion. Contact support@voicegram.io for any billing inquiries.
8. Intellectual Property
Voicegram Ownership
The Service, including all software, technology, designs, trademarks, logos, and other intellectual property, is owned by Voicegram or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
Your Content
You retain ownership of all Content you submit through the Service. By using the Service, you grant Voicegram a limited license to process, store, and transmit your Content solely for the purpose of providing the Service.
Feedback
Any feedback, suggestions, or ideas you provide about the Service may be used by Voicegram without any obligation to you.
9. AI and Automated Processing
The Service uses artificial intelligence and automated processing to enhance functionality. By using the Service, you acknowledge and agree to the following:
Transcription
Voice recordings are automatically transcribed using Deepgram's Nova-3 speech-to-text technology. Transcription accuracy may vary based on audio quality, background noise, accents, and other factors.
Summarization
Transcriptions are automatically summarized using Anthropic's Claude 3 Haiku AI model. Summaries are generated to provide a quick overview and may not capture all details or nuances of the original message.
PII Redaction
The Service automatically attempts to redact certain personally identifiable information (PII) such as Social Security numbers, credit card numbers, and similar sensitive data from transcriptions. However, this redaction is not guaranteed to be complete or accurate, and you should not rely solely on automated redaction for sensitive information.
No Human Review
Voicegram does not manually review the content of your recordings or transcriptions. All processing is automated.
No Training on User Data
Your recordings, transcriptions, and other Content are not used to train Voicegram's or any third party's AI models.
10. Data Security
We implement industry-standard security measures to protect your data, including:
- TLS encryption for all data in transit
- AES-256 encryption for data at rest
- Row-level security in our database
- Regular security audits and vulnerability assessments
- Access controls and authentication requirements
- Incident response procedures
For more information about our data practices, please see our Privacy Policy.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Voicegram does not warrant that:
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from the Service will be accurate or reliable
- The quality of any products, services, information, or other material obtained through the Service will meet your expectations
- Any errors in the Service will be corrected
The accuracy of transcriptions and AI-generated summaries is not guaranteed. You are responsible for verifying any critical information contained in voicemails.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICEGRAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL VOICEGRAM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO VOICEGRAM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Voicegram and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including privacy rights
- Any Content you submit through the Service
- Your failure to obtain proper consent from callers
14. Termination
Termination by You
You may terminate your account at any time by canceling your subscription and deleting your account through the dashboard or by contacting us at support@voicegram.io.
Termination by Voicegram
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Non-payment of fees
- Extended periods of inactivity
- Requests by law enforcement or government agencies
Effect of Termination
Upon termination:
- Your right to use the Service will immediately cease
- We may delete your account and all associated Content
- Content deletion will occur within 30 days of termination
- Provisions that by their nature should survive termination will survive
15. Dispute Resolution
Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact us at legal@voicegram.io and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least 30 days.
16. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate
You and Voicegram agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.
Class Action Waiver
YOU AND VOICEGRAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Voicegram agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision will be final and binding.
Opt-Out Right
You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to legal@voicegram.io within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court.
Small Claims Court
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York.
18. Modifications
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes taking effect. Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes.
We encourage you to review these Terms periodically for any updates.
19. Contact Information
If you have any questions about these Terms, please contact us:
Voicegram LLC
1178 Broadway, 3rd Floor #3432, New York, NY 10001
Legal inquiries: legal@voicegram.io
General support: support@voicegram.io