Terms of Use

These Terms of Use (the “Terms”) form a binding agreement between Elabry Inc., a Delaware corporation doing business as Vocarium (“Vocarium”, “we”, “us”), and the business that opens a Vocarium account (“you”, the “customer”).

You accept these Terms when you create an account, add credit, or use any part of the service. If you accept on behalf of a company or other organisation, you confirm that you are authorised to bind it, and “you” means that organisation. If you do not have that authority or do not agree with these Terms, do not use the service.

Vocarium is a business service. It is not offered for personal or household use. These Terms apply alongside our Privacy Policy, which explains how information flowing through the platform is handled.

Vocarium provides AI phone agents that answer and place calls on real phone numbers. You configure an agent, rent a phone number and attach it to the agent, and the agent then handles the conversation on your behalf.

Depending on how you set them up, agents can:

• answer inbound calls and place outbound calls, individually or as a campaign;
• answer questions from a knowledge base you build from uploaded documents or from research on your website;
• check calendar availability and book, move or cancel appointments;
• send messages and email on your behalf;
• call custom actions you define against your own systems, so a call can read from or write to them;
• ask a caller to confirm their identity with a one-time code before sensitive steps.

Every call produces a call record and a transcript, and may produce a recording, all available in your dashboard alongside usage reporting.

We develop the platform continuously and may add, change or withdraw features. Where a change materially reduces a capability you rely on, we will give reasonable notice by email or in the dashboard.

You must provide accurate account and business details and keep them current. Billing receipts and legal notices go to the address on the account, so an out-of-date address is your risk.

You are responsible for keeping your credentials safe and for everything that happens under your account, whether or not you authorised it. Do not share logins. Tell us promptly if you believe your account has been compromised.

One account may hold several businesses. Everything done under any of them is done under your account and is your responsibility, including calls placed, messages sent, credit consumed and content uploaded.

You must be legally able to enter into contracts where you are, and you must not use the service if you are barred from doing so under applicable sanctions or export control law.

How payment works

Vocarium is pay-as-you-go. You add credit to a prepaid balance in advance, and usage draws that balance down. Payments are processed by Stripe; we do not receive or store your full card details. A top-up is complete when Stripe confirms the payment and the balance appears in your dashboard.

You may enable auto-reload, which authorises us to charge your saved payment method automatically to top the balance back up when it falls below the threshold you set. You can turn auto-reload off at any time in the dashboard.

What you are charged for

• call time, charged per minute of call duration;
• phone numbers, billed monthly for each number for as long as you keep it, whether or not you use it;
• messages sent by your agents;
• AI usage, including website research and other AI work you request.

Current rates are published in the dashboard. We may change rates, for example when an underlying telephony, speech or AI provider changes its pricing. We will give notice before a new rate takes effect, and it applies only to usage after that date. Continuing to use the service after a rate change takes effect is acceptance of the new rate.

Subscription plans

You may also subscribe to a plan. A plan is a recurring charge, billed monthly or yearly in advance to your saved payment method through Stripe, that includes a stated allowance of usage and may include a stated number of phone numbers at no separate charge. Usage beyond what a plan includes is charged at the published rates and drawn from your prepaid balance in the ordinary way.

You may cancel a plan at any time in the dashboard. Cancellation takes effect at the end of the period you have already paid for; the plan continues until then and the remainder of that period is not refunded. At the end of the period the account returns to the free plan. Phone numbers included in the plan are then released under section 10 unless your prepaid balance covers their monthly rental, in which case they continue and are billed from the balance until you release them.

If a recurring charge fails, whether for a plan or for an individual phone number subscription, the subscription becomes past due. We will re-attempt the charge once a day for up to three days and email the address on your account after each failed attempt, stating the date on which numbers will be released and providing a link to settle the amount due. Service continues during that period. If the amount remains unpaid when the three days end, a plan is cancelled and the account returns to the free plan, and an individual number subscription is cancelled; in either case the affected numbers are released under section 10 unless your prepaid balance covers their monthly rental, in which case they continue and are billed from the balance. We will confirm the outcome by email.

A change to plan prices or number prices does not re-price a subscription during a period you have already paid for. A new price applies from your next renewal, and we will give notice before it takes effect. Continuing the subscription after that date is acceptance of the new price.

Zero balance, refunds and taxes

When your balance reaches zero the service pauses: agents stop answering, campaigns stop, messages are not sent, and phone number rental may lapse. No further charges accrue while the account is paused and we do not invoice you for overage. Topping up restores service, subject to number availability under section 10. Low-balance warnings are a convenience, not a guarantee of continuity, and monitoring your balance is your responsibility.

Credit is payment for services rather than a deposit. It carries no interest and has no cash value beyond its use on the platform. Charges are non-refundable except where a refund is required by law. We may in our discretion refund unused credit, and may decline to do so where the account has been used in breach of these Terms or where there is evidence of fraud or chargeback abuse.

Prices exclude taxes. You are responsible for any sales tax, VAT, GST, withholding or similar charge arising on your purchase or use of the service, other than taxes on our own income.

You must not use Vocarium to:

• make any call or send any message that is unlawful where the recipient is;
• place unlawful robocalls, or send spam or unsolicited marketing without the consent the law requires;
• commit or facilitate fraud, including deceptive sales practices, fake support calls and payment redirection schemes;
• impersonate any person or organisation, or falsely imply an affiliation, endorsement or official capacity you do not have;
• harass, threaten, intimidate or abuse any person;
• collect payment card numbers, bank details, government identification numbers or similar sensitive identifiers by voice or message;
• dial in patterns designed to evade carrier filtering, rotate numbers to escape reputation scoring, or otherwise defeat network anti-abuse measures;
• generate content that is unlawful, defamatory, sexually explicit, hateful, or that exploits or endangers anyone;
• resell, sublicense or white-label the service without our written permission;
• reverse engineer, decompile, scrape, probe, penetration test, overload or otherwise interfere with the platform or its infrastructure;
• circumvent usage limits, safety controls, rate limits or billing.

You must also comply with the acceptable use policies of the telephony, messaging and AI providers that power the service, and with any requirement those providers impose that we pass on to you.

We may investigate suspected breaches and may suspend or terminate an account we reasonably believe is in breach of this section. Where a carrier, provider or regulator requires immediate action, we may act without prior notice.

This section is the most important one in these Terms. Vocarium is a tool that acts at your direction. You are solely responsible for complying with the laws that apply to the calls your agents make and take, in every jurisdiction you call into.

Telemarketing and calling rules

You are solely responsible for obtaining any consent required before placing outbound calls or sending messages, for honouring do-not-call registries and opt-out requests, for observing calling-hour restrictions, and for meeting caller identification requirements. You must keep records of consent and be able to produce them. Nothing in the platform collects, verifies or stores consent on your behalf.

Call recording consent

Calls handled by the platform may be recorded and are transcribed. Recording law varies: some jurisdictions require the consent of one party to the call, others require the consent of every party, and some require an audible notice at the start. Obtaining that consent and giving that notice is solely your responsibility, not ours.

AI disclosure

A growing number of jurisdictions require a person to be told when they are speaking with an automated or AI system rather than a human. Where such a rule applies, you are solely responsible for configuring your agent to make that disclosure. The platform gives you the means to do it; making sure it happens is up to you.

Your agents and your systems

You are solely responsible for how you configure your agents and for everything they say and do as a result, and for the custom actions you define and the effects they have on your own systems and on any third-party service you connect. An agent calling your endpoint is acting on your instructions. You are responsible for authenticating and authorising those requests at your end and for whatever your systems then do, including any record created, payment taken or message sent.

The platform includes safety controls, such as requiring a caller to confirm before a consequential action runs and capping message volume. These reduce risk. They do not make you compliant with the law and they do not replace your own review of how your agents behave.

Agent responses are generated by AI models. They can be wrong, incomplete, out of date, or based on something the agent misheard. Speech recognition is imperfect, particularly on poor connections, with background noise, or with unusual names, numbers and accents.

You must review any workflow where a mistake would matter, monitor how your agents behave in practice, keep a route for callers to reach a human, and require confirmation before actions with real consequences. You are responsible for what your agents say and do.

Agent output is not professional advice. Do not use Vocarium to give medical, legal, financial, tax or other regulated advice, or present agent output as if it were.

Vocarium must not be used for emergency services or any safety-critical purpose. Calls to emergency numbers are not supported. The platform cannot reliably reach emergency services on a caller’s behalf and must not be placed on a line that people may call in an emergency.

You keep ownership of your content: the documents you upload or write, your agent configuration and custom actions, and the recordings, transcripts and call records your calls produce.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transcribe, index, display and transmit that content for the sole purpose of operating the service for you. That licence extends to the providers that power the service, as described in our Privacy Policy, and ends when the content is deleted, subject to routine backups and any retention we are legally required to observe.

You confirm that you own or are licensed to use everything you put into the platform, that any website research is run against sites you control or are permitted to use, and that our processing of it will not infringe anyone’s rights.

The Vocarium platform itself, including its software, interfaces, documentation, name and branding, belongs to Elabry Inc. and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the service while your account is in good standing, and nothing more. We may use aggregated, de-identified operational data, such as call volumes, latency and error rates, to run, secure and improve the platform; that data does not identify you, your callers or the content of your calls.

You may stop using the service and close your account at any time. We may terminate this agreement on reasonable notice, or immediately where you breach these Terms, where your use creates legal or security risk, or where a provider withdraws a capability the service depends on.

We may suspend all or part of the service where your balance is exhausted, where we reasonably suspect abuse, or where a provider or regulator requires it. Where the circumstances allow, we will tell you why and what is needed to restore service.

On termination, agents stop answering, campaigns stop, and dashboard access ends. Unused credit is handled under section 4. We may delete your data, including recordings, transcripts, call history and knowledge documents, after termination, so export anything you need first.

Sections that by their nature should survive termination do so, including sections 4, 6, 8, 11, 12, 13 and 15.

Phone numbers are rented from carriers through us and billed monthly. You do not own a number assigned to your account, and rights in it are subject to carrier and regulatory rules.

A number assigned to your account is paid for in one of three ways: it is included in a subscription plan that carries a numbers allowance, it is charged monthly to your payment method as a subscription of its own, or its monthly rental is drawn from your prepaid balance.

A number may be released back to the carrier where:

• you release it, or the account is terminated;
• a number subscription charged to your payment method remains unpaid at the end of the grace period described in section 4;
• a plan that included the number ends, whether by cancellation or non-payment, and your prepaid balance does not cover the number’s monthly rental.

In the second and third cases the number is not released if your prepaid balance covers its monthly rental; it instead continues and is billed from the balance. A number billed from the balance is not released for non-payment. If the balance is exhausted it may go negative and calling is paused until you top up, but the number remains assigned to your account until you release it or the account is terminated.

Once released, we cannot guarantee that a number can be recovered, and it may be reassigned to someone else. If a number matters to your business, keep your plan and payment method current, keep the balance funded and, where the number is portable, consider porting it to an account you control.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT CALLS WILL CONNECT OR MESSAGES WILL BE DELIVERED, THAT AI OUTPUT WILL BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.

We do not offer an uptime commitment or a service level agreement. Call handling depends on carriers, speech providers, AI model providers and cloud infrastructure that we do not control. Some jurisdictions do not allow the exclusion of certain warranties; where that is so, the exclusions above apply only to the extent permitted.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill or the cost of substitute services, whether the claim is in contract, tort, statute or otherwise, and even if the party was advised such loss was possible.

Our total aggregate liability arising out of or relating to the service and these Terms is limited to the total amount you paid us in the three months immediately before the event giving rise to the claim.

These limits do not apply to liability that cannot be excluded or limited by law. They do not limit your payment obligations or your indemnification obligations under section 13. The allocation of risk in this section is a fundamental part of the bargain between us and is reflected in the pricing of the service.

You will defend, indemnify and hold harmless Elabry Inc., its affiliates, and their officers, employees and agents from and against any claim, demand, proceeding, regulatory action, fine, loss, liability, damage or expense, including reasonable legal fees, arising out of or relating to:

• the calls you place or answer and the messages and email you send through the service;
• your failure to obtain a consent or give a notice or disclosure required by section 6, including telemarketing consent, call recording consent and AI disclosure;
• your content, your knowledge base, and anything an agent says as a result of how you configured it;
• your custom actions, your integrations, and what your systems do in response;
• your breach of these Terms or of any law applying to your use of the service.

We will notify you of a claim covered by this section without undue delay, allow you to control the defence with counsel of your choosing, and cooperate reasonably at your expense. You may not settle a claim in a way that admits fault on our part or imposes an obligation on us without our written consent.

We may update these Terms as the service, the law, or our provider obligations change. The effective date at the top of this page shows when the current version took effect.

For material changes we will give notice before they take effect, by email to the address on your account or by a notice in the dashboard. Continuing to use the service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the service and close your account.

These Terms and any dispute arising out of them or out of the service are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules.

The state and federal courts located in the State of Delaware have exclusive jurisdiction over any such dispute, and both parties submit to that venue and waive any objection to it on grounds of inconvenient forum.

If any provision of these Terms is held unenforceable, it is modified to the minimum extent necessary to make it enforceable and the rest remains in force. A failure to enforce a provision is not a waiver of it. You may not assign this agreement without our written consent; we may assign it to an affiliate or in connection with a merger or sale of the business. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between us.

These Terms, together with the Privacy Policy and the rates published in the dashboard, are the entire agreement between us on this subject and replace any earlier understanding.

Questions, notices and legal correspondence about these Terms should go to contact@vocarium.co, addressed to Elabry Inc.

Notices we give you are effective when sent to the email address on your account. Notices you give us are effective when we acknowledge receipt.