Terms of Service

By creating an account or using the Veyce service (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization and that the organization agrees to these Terms. If you do not agree, you may not use the Service.

Veyce ("Veyce," "we," "us," or "our") reserves the right to update these Terms. We will notify you of material changes. Your continued use after notice constitutes acceptance.

You represent that you are a sophisticated business user who has evaluated the Service and applicable legal requirements independently. Veyce is a software tool provider, not a legal advisor, compliance consultant, or telemarketing service. Nothing in these Terms or the Service constitutes legal or compliance advice.

Veyce is a browser-based power dialer application that enables outbound calling via Twilio, lead management, call recording, session analytics, and CRM integrations. The Service requires you to provide your own Twilio account credentials ("BYOK Twilio"). You are responsible for all Twilio usage fees billed directly by Twilio.

Veyce provides software infrastructure only. Veyce does not make calls on your behalf, does not control or direct your calling campaigns, does not pre-screen your lead lists, and has no visibility into the content or nature of your calls. All calling activity originates from and is controlled solely by you.

You must provide accurate information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately if you suspect unauthorized access.

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. Accounts may not be transferred without our written consent.

Access to the Service requires a paid subscription. Plans are billed monthly or annually as selected at signup. All fees are in USD and are non-refundable except as required by applicable law.

Trials: The Solo plan includes a 7-day free trial. You will not be charged during the trial period. Trials are available once per organization.

Upgrades and downgrades: Plan upgrades take effect immediately; charges are prorated. Downgrades take effect at the end of the current billing cycle.

Late payment: If your payment fails, we may suspend access to the Service after a 7-day grace period with notice to your email.

Automatic renewal: Subscriptions renew automatically at the end of each billing cycle (monthly or annual, as selected) unless you cancel before the renewal date through the Settings page. You authorize us to charge your payment method on file at the then-current subscription rate for each renewal period. We will send a reminder email before your annual plan renews. To avoid renewal charges, cancel before the renewal date. No refunds are issued for unused time in the current cycle after renewal has occurred.

Taxes: All subscription fees are exclusive of applicable taxes, levies, duties, or other governmental assessments, including sales tax, VAT, GST, and withholding tax. You are solely responsible for determining and remitting all such taxes applicable to your purchase. Where required by applicable law, Veyce may collect and remit applicable taxes on your behalf through its payment processor.

We use Stripe to process payments. By providing payment information, you authorize Stripe to charge your payment method. Stripe's terms of service apply to payment processing.

You agree not to use the Service to:

• Violate any applicable law or regulation, including the TCPA, GDPR, CASL, CCPA, CAN-SPAM Act, state telemarketing laws, or any equivalent international regulation
• Make calls to numbers on the National Do Not Call Registry or any internal DNC list without proper consent or exemption
• Use an automatic telephone dialing system (autodialer) or prerecorded voice without legally required prior express written consent
• Call consumers outside of legally permitted calling hours
• Harass, threaten, or abuse call recipients
• Transmit unsolicited or deceptive messages
• Impersonate another person or organization
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to conduct any illegal activity
• Share your account credentials with unauthorized users
• Process, transmit, or store Protected Health Information ("PHI") as defined by HIPAA, or use the Service in connection with any activity subject to HIPAA. The Service is not HIPAA-compliant and Veyce does not execute Business Associate Agreements
• Make solicitation calls regulated by FINRA, the SEC, or any securities regulator without independently complying with all applicable securities laws and regulations, including call recording and supervision requirements
• Collect, process, or transmit biometric identifiers or biometric information as defined under Illinois BIPA, Texas CUBI, Washington My Health MY Data Act, or any other biometric privacy law. Veyce does not collect biometric data, and you must ensure any voice or biometric data processed through your Twilio account complies with applicable biometric privacy laws
• Use the Service if you are (a) located in or a national of any country subject to U.S. government embargo; (b) listed on the OFAC Specially Designated Nationals list, the BIS Denied Persons List, or any other U.S. government restricted party list; or (c) otherwise prohibited from using U.S. software under applicable export control laws
• Resell, sublicense, or make the Service available to third parties without Veyce's prior written consent

We may suspend or terminate accounts that violate these terms without notice in severe cases, or with notice in less severe cases. Account termination does not relieve you of any liability or obligation arising from prior use.

You are solely responsible for all legal and regulatory compliance associated with your use of the Service. This includes, without limitation:

• Compliance with the Telephone Consumer Protection Act (TCPA) and FCC regulations, including obtaining all required consents before making calls
• Scrubbing lead lists against the National Do Not Call Registry and applicable state DNC registries before each calling campaign
• Maintaining and honoring an internal Do Not Call list, and removing prospects upon request within legally required timeframes
• Complying with all applicable call recording disclosure and consent laws in every jurisdiction where you place or receive calls
• Ensuring that any personal data you import and process through the Service is handled in compliance with GDPR, CCPA, and any other applicable data protection laws
• Complying with CASL, PECR, and any other jurisdiction-specific marketing and communications laws applicable to your business
• Obtaining all necessary licenses, registrations, or exemptions required to conduct outbound calling campaigns in your jurisdiction

Veyce does not monitor your calling campaigns, review your lead data, verify your consent records, or audit your compliance practices. Veyce provides no representations or warranties regarding the legal permissibility of your use of the Service. You are solely responsible for consulting qualified legal counsel regarding your compliance obligations.

The presence of a feature in the Service (e.g., auto-dialing, call recording, voicemail drop) does not constitute Veyce's endorsement or representation that use of that feature is lawful in your jurisdiction or for your use case.

You retain ownership of all data you import into or generate through the Service (leads, call recordings, notes, etc.). By using the Service, you grant Veyce a limited license to store and process your data solely to provide the Service to you.

You represent and warrant that: (a) you have the legal right to use and process all data you import into the Service; (b) your collection and use of contact data complies with all applicable laws; and (c) you have obtained all required consents from individuals whose personal data you upload.

Upon account termination, you may export your data within 30 days. After that period, we may delete your data without further notice.

The Service integrates with third-party platforms (Twilio, GoHighLevel, Google, OpenAI, Deepgram, Airtable, etc.). Your use of those platforms is governed by their own terms of service. Veyce is not responsible for the availability, accuracy, performance, or conduct of any third-party service.

Veyce is not liable for any outages, errors, data loss, regulatory violations, or other issues arising from your use of third-party services connected to the Service. You are solely responsible for your relationship with each third-party provider, including ensuring your use of those services complies with their terms and applicable law.

By providing third-party API keys to the Service, you authorize us to use them on your behalf to provide the features you have enabled. We store these credentials encrypted.

The Service, including its code, design, documentation, and all intellectual property, is owned by Veyce and is protected by copyright, trademark, and other laws. These Terms do not grant you any rights to use Veyce's trademarks or branding.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEYCE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

VEYCE MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) YOUR USE OF THE SERVICE WILL COMPLY WITH ANY APPLICABLE LAW OR REGULATION.

VEYCE EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE, OR YOUR USE THEREOF, COMPLIES WITH THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), THE GENERAL DATA PROTECTION REGULATION (GDPR), THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA), CASL, OR ANY OTHER APPLICABLE LAW OR REGULATION. COMPLIANCE IS ENTIRELY YOUR RESPONSIBILITY.

You use the Service at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEYCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF VEYCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, VEYCE IS NOT LIABLE FOR: (A) ANY REGULATORY FINES, PENALTIES, OR SANCTIONS IMPOSED ON YOU BY ANY GOVERNMENT AGENCY OR REGULATORY BODY; (B) ANY CLAIMS BROUGHT AGAINST YOU UNDER THE TCPA, GDPR, CCPA, CASL, OR ANY OTHER LAW OR REGULATION; (C) ANY THIRD-PARTY CLAIMS ARISING FROM YOUR CALLING CAMPAIGNS, LEAD DATA, OR USE OF THE SERVICE; OR (D) ANY CLAIMS ARISING FROM YOUR USE OF THIRD-PARTY SERVICES CONNECTED TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID VEYCE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND WILL SURVIVE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You agree to defend, indemnify, and hold harmless Veyce and its officers, directors, employees, affiliates, and agents from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or related to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation, including but not limited to the TCPA, GDPR, CCPA, CASL, PECR, or any state or local telemarketing law
• Any regulatory investigation, enforcement action, fine, or penalty related to your calling campaigns or data practices
• Any class action, mass arbitration, or individual claim brought by a third party relating to calls you placed using the Service
• Any claim that data you provided or imported violates any third party's rights, including privacy rights
• Your violation of any third party's intellectual property, privacy, or other rights
• Your negligence, willful misconduct, or fraud

Veyce reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Veyce's defense of any such claim.

Binding Arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer or Commercial Arbitration Rules, as applicable. The arbitration will take place in the State of Delaware. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER. YOU AND VEYCE 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, REPRESENTATIVE, OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER. TO THE EXTENT ANY CLAIMS PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND VEYCE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions.Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

Opt-out. You may opt out of arbitration by notifying us in writing within 30 days of first accepting these Terms. Opting out does not affect the class action waiver.

Veyce will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Veyce's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

You may cancel your account at any time through the Settings page. Cancellation takes effect at the end of the current billing cycle. No refunds are issued for unused time.

We may suspend or terminate your account immediately if you violate these Terms, fail to pay, engage in conduct harmful to other users or the Service, or if we are required to do so by law. Termination does not relieve you of any obligations incurred prior to termination, including indemnification obligations.

Sections 6, 10, 11, 12, and 13 survive termination of these Terms.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. Subject to the arbitration clause above, the parties consent to exclusive jurisdiction and venue in the courts of the State of Delaware for any disputes not subject to arbitration.

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Veyce regarding the Service and supersede all prior agreements. Our failure to enforce any provision does not constitute a waiver of that provision.

You may not assign or transfer these Terms or any rights hereunder without Veyce's prior written consent. Veyce may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Notices to Veyce must be sent to info@veyce.com.au, or via our contact form.