Terms of Service

By accessing and using VoiceBrainy ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to abide by these Terms, you are not authorized to use the Service. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and content contributors.

VoiceBrainy reserves the right to update these Terms at any time without notice. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

VoiceBrainy provides an AI-powered voice calling automation platform that:

• Makes outbound calls to leads using artificial intelligence
• Qualifies leads based on custom criteria
• Books appointments automatically
• Sends reminders and follow-ups
• Provides call recordings, transcripts, and analytics

The Service is provided "as-is" and "as-available" without warranties of any kind, either expressed or implied.

As a user of VoiceBrainy, you agree to:

• Obtain consent: Only use VoiceBrainy to call leads who have explicitly opted-in or provided consent through your forms, websites, or CRM systems
• Legal compliance: Comply with all applicable laws, regulations, and industry standards including TRAI regulations, DND (Do Not Disturb) lists, GDPR, and other relevant telecommunications laws
• Honest representation: Configure the AI agent to truthfully identify the calling company and business purpose
• No harassment: Not use the Service to harass, threaten, abuse, or defame any person or entity
• No spam: Not use the Service for unsolicited or cold outreach to individuals who have not expressed interest
• Accurate information: Ensure all information provided is accurate and up-to-date
• No illegal activities: Not use the Service for any illegal purpose or activity

VoiceBrainy is designed exclusively for consent-based outreach. Any use of VoiceBrainy for unsolicited, cold, or spam calling is strictly prohibited.

You represent and warrant that:

• All leads you upload have explicitly opted in to receive calls
• You have obtained written or recorded consent where required by law
• You maintain records of this consent and can provide them upon request
• You regularly clean your lead list to remove Do Not Call requests
• You have implemented DND (Do Not Disturb) list filtering in your account settings

Violation of these requirements may result in immediate account suspension or termination without refund. We regularly audit accounts for compliance and reserve the right to terminate accounts engaged in unsolicited calling.

VoiceBrainy is fully compliant with Telecom Regulatory Authority of India (TRAI) guidelines. You agree to:

• Use only TRAI-registered routes for all outbound calls
• Ensure all calls include proper caller ID identification
• Maintain compliance with DND regulations
• Ensure all calls include recording consent disclosure at the beginning of each call
• Maintain call logs and recordings as required by TRAI for 90 days minimum
• Respond to any regulatory inquiries within stipulated timeframes

Data Ownership: You retain all ownership rights to your lead data. VoiceBrainy does not claim any ownership over the leads, contacts, or data you provide.

Data Protection: VoiceBrainy implements industry-standard security measures to protect your data:

• End-to-end encryption for data in transit and at rest
• ISO 27001 certification for information security
• Regular security audits and penetration testing
• Secure data centers located in India with redundancy
• Access controls and user authentication
• GDPR compliance for international users

For full details, please refer to our Privacy Policy. You are responsible for maintaining the confidentiality of your account credentials.

All calls made through VoiceBrainy are recorded and automatically transcribed. You agree to:

• Disclose to leads at the beginning of each call that the conversation is being recorded
• Maintain these recordings for a minimum of 90 days as per TRAI requirements
• Provide recordings and transcripts to relevant authorities upon legal request
• Not share call recordings publicly without explicit consent from all parties
• Comply with all data protection laws regarding sensitive personal information

VoiceBrainy stores all recordings on secure servers. You may export, download, or delete your recordings at any time through the dashboard.

You agree not to use VoiceBrainy for any of the following:

• Unsolicited or cold calling to individuals who have not opted in
• Calling numbers on national or state Do Not Call registries
• Harassment, abuse, threatening, or defamatory calls
• Impersonation of government agencies or law enforcement
• Scams, fraud, or deceptive practices
• Distribution of malware, viruses, or any code that damages or impairs functionality
• Reverse engineering, decompiling, or attempting to discover source code
• Using the Service to develop competing products or services
• Violating intellectual property rights of any third party
• Any activity that violates local, state, national, or international laws

Violation of these prohibitions may result in immediate suspension or termination of your account without refund, and we may pursue legal action.

Termination by User: You may terminate your account at any time by contacting our support team. Your subscription will end at the end of your current billing cycle. We will not issue refunds for partially used billing periods.

Termination by VoiceBrainy: We reserve the right to terminate or suspend your account immediately without notice if:

• You violate any provision of these Terms
• You engage in unsolicited or spam calling
• You violate TRAI regulations or any applicable laws
• You harass or abuse our customers or team members
• We receive multiple complaints about your calling practices
• Your account is used for fraudulent or deceptive purposes
• You repeatedly fail to pay invoices

Upon termination, all rights to use the Service immediately cease. You are responsible for backing up your data before account termination.

Usage-Based Pricing: VoiceBrainy uses usage-based pricing based on connected calling minutes. Billing is calculated as follows:

• Billing is based on connected call duration, rounded to the nearest second
• Failed or unanswered calls (under 10 seconds) are not billed
• Each plan includes a set number of calling minutes per month
• Additional minutes beyond your plan are charged at the overage rate
• Included minutes do not carry over to future months

Payment Terms: Payment is due on the date specified in your invoice. Unpaid invoices may result in service suspension.

Refunds: VoiceBrainy does not issue refunds for:

• Partially used billing periods
• Accounts terminated due to violation of Terms
• Services rendered before cancellation request

Subscription plans may be cancelled at any time. The cancellation will take effect at the end of the current billing cycle.

Service "As-Is": The Service is provided "as-is" and "as-available" without any warranties of any kind, either expressed or implied. VoiceBrainy does not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, or error-free
• Any defects will be corrected
• The Service is free of viruses or harmful components

Limitation of Liability: To the fullest extent permitted by law, VoiceBrainy shall not be liable for:

• Lost profits, revenue, data, or business
• Indirect, incidental, special, or consequential damages
• Any damages arising from lost data, corruption, or security breaches

In no event shall VoiceBrainy's total liability exceed the amount you paid for the Service in the 12 months preceding the claim.

You agree to indemnify, defend, and hold harmless VoiceBrainy, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party intellectual property rights
• Your calling practices or content
• Complaints or claims made by leads or third parties about your calls

VoiceBrainy Content: All content, features, and functionality of the Service (including but not limited to software, text, graphics, logos, images, and audio) are owned by VoiceBrainy, its licensors, or other providers of such content and are protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to use the Service for your personal or business use in accordance with these Terms. This license does not include any right to:

• Resell or distribute the Service
• Modify or create derivative works
• Remove any copyright or proprietary notices
• Use the Service to develop competing products

Your Content: You retain all rights to your data and content. By using VoiceBrainy, you grant us a worldwide, non-exclusive license to use your data solely for the purpose of providing the Service to you.

VoiceBrainy may integrate with third-party services such as CRM systems, calendaring applications, and lead management platforms. We are not responsible for:

• The availability, accuracy, or functionality of third-party services
• Any charges or fees imposed by third parties
• Data loss or security issues caused by third-party integrations

Your use of third-party services is subject to their respective terms and conditions. We recommend reviewing their privacy policies and terms before integrating with VoiceBrainy.

VoiceBrainy reserves the right to modify, suspend, or discontinue the Service at any time with or without notice. We will make reasonable efforts to notify you of significant changes.

We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

VoiceBrainy aims to maintain 99% uptime (excluding scheduled maintenance). However, we do not guarantee uninterrupted service. We maintain backup systems and redundancy to minimize service interruptions.

Scheduled Maintenance: We may perform scheduled maintenance during off-peak hours with advance notice when possible. During maintenance, the Service may be unavailable.

For critical issues or outages, please contact our support team immediately at support@voiceBrainy.com

Support Communication: By using VoiceBrainy, you agree to receive transactional and operational communications from us via email, in-app notifications, or SMS.

Contact Information:

• Email: support@voiceBrainy.com
• Website: https://voiceBrainy.com
• Business Address: Bangalore, India

For legal notices or inquiries, please send a written notice to our registered address via certified mail.

Governing Law: These Terms are governed by the laws of India, without regard to conflict of law provisions. You agree that any legal action or proceeding relating to these Terms shall be instituted in the courts located in Bangalore, India.

Dispute Resolution: Before pursuing legal action, we encourage you to contact our support team to resolve disputes informally.

If informal resolution fails, any disputes shall be resolved under the jurisdiction of the courts in Bangalore, India.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, or if that is not possible, it shall be severed, and the remaining provisions shall continue in full force and effect.

These Terms of Service, together with our Privacy Policy and any other agreements you may have with VoiceBrainy, constitute the entire agreement between you and VoiceBrainy regarding the Service and supersede all prior agreements, understandings, and negotiations.