Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

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, and "you" refers to both you individually and that organization.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

If you have entered into a separate written services agreement with Optima Voice (such as a pilot services agreement or enterprise agreement), that agreement controls over these Terms to the extent of any conflict.

2. Description of Service

Optima Voice is an AI-powered voice agent platform that enables businesses to automate phone calls. The Service includes, but is not limited to:

• AI voice agent creation and configuration
• Inbound and outbound call handling
• Call recording and transcription
• Knowledge base management
• Phone number provisioning
• Call analytics and reporting
• Integrations with third-party services
• API access for programmatic control

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration and Security

To use the Service, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly if it changes.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information, are used in violation of these Terms, or pose a security risk to the Service or other users.

4. Subscription, Payment, and Billing

The Service is offered through subscription plans with varying feature sets and usage limits. All prices are listed in United States Dollars (USD).

Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on file for recurring fees.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the period you have already paid for.

Price Changes

We may change our subscription prices with at least 30 days' prior written notice. Price changes take effect at the start of your next billing period following the notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

Refunds

We offer a 30-day money-back guarantee on all new subscriptions. If you are not satisfied with the Service, you may request a full refund within 30 days of your initial subscription purchase by contacting [email protected]. After the 30-day guarantee period, all fees are non-refundable except as required by applicable law. No refunds will be issued for partial billing periods or usage-based charges already incurred. Custom pilots, done-for-you deployments, and enterprise engagements are governed by their own written agreements, including any results-based guarantee stated there, and are not eligible for this subscription money-back guarantee.

5. Acceptable Use Policy

You agree not to use the Service for any unlawful, abusive, or prohibited purpose. The following activities are strictly prohibited:

• Robocalling and spam: Using the Service to place unsolicited bulk calls, robocalls, or automated marketing calls without proper consent as required by applicable law.
• Impersonation: Configuring AI agents to impersonate real individuals, government officials, law enforcement, or other entities without authorization.
• TCPA and TSR violations: Using the Service in a manner that violates the Telephone Consumer Protection Act (TCPA), the FTC Telemarketing Sales Rule (TSR), or any equivalent state or federal regulations.
• Disabling AI disclosure: Removing, circumventing, or failing to provide the FCC-required disclosure that callers are interacting with an AI system.
• Harassment and abuse: Using the Service to threaten, harass, intimidate, stalk, or abuse any person.
• Recording without consent: Recording calls without obtaining the consent required by applicable federal and state laws, including two-party consent states.
• Illegal activity: Using the Service for any activity that violates local, state, federal, or international law, including fraud, deception, and money laundering.
• Unauthorized access: Accessing, attempting to access, or tampering with other users' accounts, data, or systems.
• Emergency services: Using the Service to place calls to emergency services (911) or any emergency dispatch system.
• Unauthorized resale: Reselling, sublicensing, or redistributing access to the Service without our prior written consent.
• Scraping and automated access: Using bots, scrapers, crawlers, or any automated means to access, extract, index, or collect data from the Service, except through our published API within your authorized usage limits.
• Reverse engineering: Decompiling, disassembling, reverse engineering, or attempting to derive the source code, algorithms, or underlying models of any part of the Service.
• Regulated data without authorization: Using the Service to process, store, or transmit protected health information (PHI) as defined by HIPAA, payment card data subject to PCI DSS, or other data subject to heightened regulatory requirements, unless we have entered into a separate written agreement (such as a Business Associate Agreement) specifically authorizing such use. For insurance agency customers, the data protection terms in your services agreement with us constitute this written authorization for nonpublic personal financial information handled under GLBA and state insurance privacy laws.
• Voice cloning and deepfakes: Using the Service to generate synthetic voice content that replicates a real person's voice without their explicit written consent, or to create non-consensual intimate, defamatory, or deceptive audio content.
• Political robocalling: Using the Service for automated political campaign calls, election interference, voter suppression, or any AI-generated political communications that do not comply with applicable election and campaign finance laws.
• Unauthorized professional advice: Configuring AI agents to provide legal, medical, financial, or other licensed professional advice without appropriate disclaimers and professional oversight.

We reserve the right to investigate and take appropriate action against any violations, including immediate account suspension or termination, and cooperation with law enforcement.

6. AI-Specific Terms

The Service utilizes artificial intelligence to generate voice responses during phone calls. You acknowledge and agree to the following:

No guarantee of accuracy. AI-generated responses may contain errors, inaccuracies, or inappropriate content. Optima Voice does not guarantee the accuracy, completeness, or appropriateness of any AI-generated output.

User responsibility for agent behavior. You are solely responsible for the configuration, behavior, and content of your AI voice agents. This includes the prompts, instructions, knowledge base content, and any information your agents communicate to callers.

AI disclosure requirement. Under FCC regulations, callers must be informed that they are speaking with an AI system. You must not disable, remove, or circumvent the AI disclosure mechanisms provided by the Service. Failure to comply may result in immediate account termination and potential legal liability.

No AI training on your data. We do not use your voice data, call recordings, transcripts, knowledge base content, or any other customer data to train our own AI models. Our AI sub-processors process your data solely to deliver responses in real-time. Under their current API terms: OpenAI does not use API data for model training (opted out by default); Anthropic does not use API data for model training (7-day retention for abuse monitoring only); Google Gemini does not use paid API data for model training (retained up to 55 days for abuse monitoring only). We use only paid API tiers with these providers and regularly review their data handling policies. Sub-processor data practices may change — we will update this section and notify you of any material changes.

Content moderation. We reserve the right to monitor and moderate AI agent output to ensure compliance with our Acceptable Use Policy and applicable law. We may suspend agents that generate content that is harmful, illegal, or in violation of these Terms.

7. Telephony Compliance

You are solely responsible for ensuring that your use of the Service complies with all applicable telephony laws and regulations. Optima Voice provides tools to assist with compliance but does not guarantee that your use of the Service is compliant. Your obligations include, but are not limited to:

TCPA Compliance

Obtaining prior express written consent before placing automated or prerecorded calls, maintaining an internal Do-Not-Call (DNC) list, honoring the National DNC Registry, and restricting calls to permitted hours (8:00 AM to 9:00 PM in the recipient's local time).

FTC Telemarketing Sales Rule

Complying with all provisions of the TSR when using the Service for telemarketing purposes, including prompt disclosure requirements, restrictions on deceptive practices, and call abandonment rate limits.

State Telemarketing Registration

Registering as a telemarketer in any state that requires it before placing outbound calls to residents of that state.

Recording Consent Laws

Obtaining all required consents before recording calls. Laws vary by state: some require only one-party consent, while others require all-party consent. It is your responsibility to know and follow the laws of each applicable jurisdiction.

FCC AI Disclosure and Caller ID

Complying with FCC requirements to disclose the use of AI during calls and to transmit accurate caller identification information. Spoofing caller ID with the intent to defraud or cause harm is prohibited by federal law.

Optima Voice is not a law firm and does not provide legal advice. We strongly recommend consulting with a qualified attorney to ensure your use of the Service is fully compliant with all applicable regulations.

8. SMS Communications

By creating an account or otherwise providing your mobile phone number to Optima Voice, you agree to receive SMS and MMS text messages from us in connection with your use of the Service. These messages may include account alerts, sign-in codes, billing notifications, customer care communications, and, where you have separately opted in, marketing messages.

Message Frequency and Costs

Message frequency varies based on your account activity and communication preferences. Message and data rates may apply. Optima Voice does not charge you for SMS messages, but your mobile carrier may assess charges. Contact your carrier for details.

Opt-Out

You may opt out of SMS messages at any time by replying STOP to any message from us. After opting out, you will receive a single confirmation message and no further messages will be sent, except as required to complete a transaction you initiated. You may also opt out by updating your notification preferences in your account settings or by contacting us at [email protected]. Reply HELP at any time for assistance.

Data Practices

The collection and use of your mobile phone number and SMS-related data are governed by our Privacy Policy, available at optima-voice.com/privacy, which includes a dedicated section on SMS and Text Messaging.

9. Data Ownership and Licensing

Your data. You retain all rights, title, and interest in and to your data, including knowledge base content, agent configurations, call recordings, transcripts, and any other content you create or upload to the Service ("User Data").

License to Optima Voice. You grant Optima Voice a limited, non-exclusive, worldwide license to use, process, store, and transmit your User Data solely for the purpose of providing and improving the Service. This license terminates when you delete your User Data or your account is terminated.

Optima Voice IP. The Service, including its software, algorithms, models, design, documentation, and all related intellectual property, is and remains the exclusive property of Optima Voice. Nothing in these Terms grants you any ownership interest in the Service itself.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMA VOICE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OPTIMA VOICE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO OPTIMA VOICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Optima Voice shall not be liable for the acts or omissions of third-party service providers, sub-processors, or telecommunications carriers, except to the extent directly caused by our failure to exercise reasonable care in the selection or oversight of such providers.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation, including but not limited to the TCPA, TSR, and state telemarketing or recording consent laws
• The actions, statements, or conduct of your AI voice agents during calls
• Any infringement of third-party intellectual property rights
• Your failure to obtain required consents for call recording or AI disclosure

12. Termination

Either party may terminate these Terms at any time for any reason. You may cancel your account through your account settings or by contacting us.

We may immediately suspend or terminate your account without prior notice if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to the Service or other users.

Data After Termination

Upon termination, you will have a 30-day window to export your data. After this 30-day period, we will permanently delete your User Data from our systems, except where retention is required by law or for legitimate business purposes (such as fraud prevention or dispute resolution). We are not obligated to retain any of your data beyond this period.

13. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OPTIMA VOICE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OPTIMA VOICE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AI-GENERATED RESPONSES WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE. YOU USE THE SERVICE AT YOUR OWN RISK.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Optima Voice.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

15. Force Majeure

Optima Voice shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet or telecommunications failures, cyberattacks, or third-party infrastructure failures. During such events, our obligations are suspended for the duration of the force majeure event.

16. Export Control

The Service may be subject to US export control laws and regulations. You represent and warrant that: (a) you are not located in, or a resident or national of, any country subject to US trade sanctions or embargoes (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); (b) you are not on any US government restricted parties list; and (c) you will not use the Service for any purpose prohibited by US export control laws, including the development, design, or production of weapons of mass destruction.

17. High-Risk Use Disclaimer

The Service is not designed or intended for use in high-risk environments where failure could lead to death, personal injury, or significant property or environmental damage. You must not use the Service as the sole communication channel for: medical or emergency services, law enforcement dispatch, aviation or air traffic control, nuclear facilities, life support systems, or any other safety-critical application. The Service is not a substitute for professional human judgment in such contexts.

18. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Optima Voice may freely assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent. Any attempted assignment in violation of this section is void.

19. Survival

The following sections shall survive any termination or expiration of these Terms: Acceptable Use Policy (Section 5), Data Ownership and Licensing (Section 9), Limitation of Liability (Section 10), Indemnification (Section 11), Warranty Disclaimer (Section 13), Governing Law and Dispute Resolution (Section 14), and this Survival section.

20. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will post the revised Terms on our website and update the "Last updated" date at the top of this page. For material changes, we will also notify you by email to the address associated with your account.

Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your account.

21. Contact Us

If you have any questions about these Terms, please contact us:

Optima Voice LLC
Miami, FL
[email protected]