This is a draft and isn’t in effect yet.
Terms of Service
Effective date: EFFECTIVE_DATE
1. Who we are
Voxtally is run by COMPANY_LEGAL_NAME ("Voxtally," "we," "us"), at COMPANY_ADDRESS. These terms are an agreement between us and the business that signs up ("you," the "Subscriber"). If you sign up for a company, you say you can bind it.
If you use the service, you accept these terms. If you don’t accept them, don’t use it.
2. The service
Voxtally helps you see which marketing is making your phone ring. Here is what we do:
- You buy local tracking phone numbers through Voxtally.
- Calls to those numbers are forwarded to your phone.
- When recording is on, callers first hear a short notice ("This call may be recorded."). The call is then recorded on two channels.
- We copy the recording to our storage and delete it from our telephony provider.
- AI transcribes the call and writes a short summary. The summary says whether the call looks like a lead, what service was asked for, whether it was booked, how urgent it was, and what the caller said about how they heard of your business.
- If a call goes unanswered, it may go to a voicemail recording.
We don’t make outbound calls and we don’t send text messages at launch. Some features may be bundled with our sister product, Algotally, which is made by the same team. Your Voxtally and Algotally accounts are separate for now.
3. Your account
You sign in with your email. We send a magic link or a 6-digit code. There are no passwords. Keep your inbox secure, because anyone who can read it can sign in as you.
You agree to:
- give us accurate information, including your business name, forwarding number and business hours;
- keep your details up to date;
- add only people you trust as seats on your account, and be responsible for what they do; and
- tell us quickly if you think someone has gotten into your account.
You must be at least 18 and able to form a binding contract.
4. Tracking numbers
Licensed, not owned. The phone numbers we give you are licensed to you while you’re subscribed. You don’t own them. They belong to the telephone carriers and numbering system behind them.
Porting. NUMBER_PORTING_POLICY: say whether you allow numbers to be ported out, and any fee or delay.
After you cancel. We may release your tracking numbers NUMBER_RELEASE_DAYS days after your subscription ends (we suggest 30). Once released, a number may go to someone else, and calls to it will no longer reach you. Update your marketing before you cancel.
Carrier rules. Our carriers can change or withdraw numbers, and rules for telephone numbers can change. We follow the rules that apply to us as a reseller of numbers, including call-labelling and robocall-mitigation rules. You agree to help us comply if we ask.
5. Call recording and consent
Recording laws differ by state and country. Some places need only one party’s consent. Others need everyone on the call to consent. Two-party (all-party) consent states include, for example, California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. This list is not complete and the law changes. ATTORNEY: verify the list and wording.
What we do. When recording is on, we play callers a short notice ("This call may be recorded.") before the call connects to you.
What you do. You are responsible for:
- telling your own staff and anyone else who answers calls that calls may be recorded;
- following the recording, notice and privacy laws that apply where you and your callers are;
- turning recording off for any number or location where you can’t lawfully record; and
- using recordings, transcripts and summaries lawfully, including any rules on telling callers more than the notice does.
The notice we play is a tool, not a promise that your recording is lawful in every situation. We don’t give legal advice. If you are unsure, ask your own lawyer, or leave recording off. The service works with recording off.
6. Acceptable use
You agree not to use Voxtally to:
- record or listen to calls where the law doesn’t allow it;
- handle protected health information. Voxtally is not for healthcare practices or any use covered by HIPAA at launch. Don’t sign up if you are a covered entity or business associate, and don’t use the service to handle patient information;
- place robocalls, autodialed or prerecorded marketing calls, or send spam;
- harass, threaten or defraud anyone;
- break the law, or the rules of our telephone carriers;
- hide the real source of a call, or spoof caller ID;
- try to break, probe or overload the service, or access another customer’s data; or
- resell the service without our written permission.
We can suspend a number or an account if we think you’re doing any of this, or if a carrier or regulator asks us to.
7. AI summaries
We use AI to transcribe calls and write summaries. AI makes mistakes. Transcripts can mishear names, numbers and addresses. A summary may call something a lead that isn’t one, or miss a booking.
When a summary records how a caller says they found you (for example, "ChatGPT told me"), it is shown as "caller said." That is what the caller said. It is not proof of where the lead really came from. Don’t treat it as proof.
You can correct a summary. When you do, your correction takes priority in your own reports. Check anything important against the recording before you act on it or bill anyone.
8. Plans, trials, minutes and overage
Plans are monthly and flat-priced, with included minutes. Minutes above your plan are charged at 5¢ per minute (overage).
Billing isn’t live yet. Until it opens, accounts run on trials, and we may change or end a trial at any time. When billing opens, we will tell you by email before charging you anything. Payments will then be handled by Stripe. Subscriptions renew each month until you cancel. You can cancel any time, and it takes effect at the end of the billing period. Refunds: REFUND_POLICY.
Prices are in U.S. dollars. Taxes may be added. We can change prices with at least PRICE_CHANGE_NOTICE_DAYS days’ notice before your next renewal.
9. Availability and fail-open
We aim to keep Voxtally running, but we don’t promise it will always be available, error-free or fast.
The service is built to fail open. If Voxtally has an outage, calls to your tracking numbers should still ring through to your phone. But we don’t guarantee that, because carriers and networks can fail too. We also don’t guarantee that we will track, record, transcribe or summarise every call. Don’t rely on Voxtally for emergency calls or for anything where a missed call could cause serious harm.
10. Data and ownership
Your data is yours. You own the call data in your account: recordings, transcripts, summaries, call records and the details you give us. You give us a licence to store and process it only as needed to run the service for you, keep it safe, and meet the law.
Callers. Callers aren’t our customers. We handle their data on your behalf. How we do that is in our Privacy Policy, which is part of these terms.
Retention. Unless you change the settings, we keep recordings for 90 days (configurable per location). We keep transcripts, summaries and call records for 12 months. Then we delete them. You can ask us to delete your data sooner. See the Privacy Policy. ATTORNEY: confirm retention periods and legal-hold exceptions.
Aggregated statistics. We may use de-identified, aggregated statistics, such as answer rates by industry. These never include individual recordings, transcripts or anything that identifies you or a caller.
Agencies. If you manage accounts for your own clients, a data processing agreement (DPA) is available on request: DPA_LINK.
Our stuff. We own Voxtally, its software, brand and design. These terms don’t give you ownership of any of it. If you send feedback, we may use it.
11. Termination
You can cancel at any time from your account or by writing to CONTACT_EMAIL.
We can suspend or end your account if you break these terms, don’t pay (once billing is live), put us or others at legal risk, or if a carrier or law requires it. We will try to warn you first when we reasonably can.
After termination:
- your access stops;
- tracking numbers may be released as described in section 4;
- we delete your data on the schedule in section 10, unless the law requires us to keep it; and
- sections that by their nature should survive (data, disclaimers, liability, indemnity, governing law) do survive.
12. Third-party providers
Voxtally runs on other companies’ services. Today these are Cloudflare (hosting, database, storage and AI transcription), Twilio (phone numbers, call routing and recording) and Anthropic (AI summaries). Stripe will handle payments when billing opens. They are listed in our Privacy Policy. Their outages or rule changes can affect the service, and we are not responsible for them beyond what the law requires.
13. Disclaimers
The service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don’t warrant that the service will be uninterrupted or error-free, that every call will be tracked or recorded, that AI output is accurate, or that using the service meets your legal duties. We give no legal, tax or compliance advice. ATTORNEY: check disclaimer wording and any state limits.
14. Limitation of liability
To the fullest extent the law allows:
- we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost leads, missed calls or lost data; and
- our total liability for all claims about the service is limited to LIABILITY_CAP.
These limits don’t apply where the law doesn’t allow them, such as for fraud or willful misconduct. ATTORNEY: confirm the cap, carve-outs and enforceability.
15. Indemnity
You will defend and cover us against claims, losses and costs (including reasonable legal fees) that come from:
- your recording of calls, or your failure to turn recording off or give the notices the law requires of you;
- your use of recordings, transcripts or summaries;
- your breach of section 6 or any law; or
- anything you or your staff did with the service.
We will tell you about the claim promptly and let you help with the defence. ATTORNEY: confirm scope and mutuality.
16. Changes
We may update these terms. For changes that matter, we will email you or tell you in the app at least TERMS_CHANGE_NOTICE_DAYS days before they take effect. If you keep using Voxtally after that, you accept the new terms. If you don’t agree, cancel before they start.
17. Governing law
These terms are governed by the laws of GOVERNING_LAW_STATE, without regard to its conflict-of-laws rules. Disputes will be heard in the courts located in GOVERNING_LAW_STATE VENUE_COUNTY. ATTORNEY: decide on arbitration, class-action waiver and venue.
If a part of these terms is found unenforceable, the rest stays in force. These terms and the Privacy Policy are the whole agreement between us about the service.
18. Contact
COMPANY_LEGAL_NAME COMPANY_ADDRESS CONTACT_EMAIL