Effective Date: July 3, 2026
These Terms govern the services provided by Voice Factory AI LLC, a Wyoming Limited Liability Company ("Company"), to any client who purchases services ("Client"). By purchasing or using our services, Client agrees to these Terms. Specific pricing, fees, and account details for Client's order are set out in the accompanying Order Form and Service Agreement signed at time of purchase.
Prior to service activation, Client must provide valid government-issued photo identification, an Employer Identification Number (EIN), and official business filing address. Company reserves the right to refuse service to any client who fails to provide satisfactory identification. Client represents that all information provided is accurate, complete, and truthful, and that they have full legal authority to enter into this Agreement on behalf of their business.
Company provides a done-for-you AI voice agent service as described in Client's Order Form.
Client selects one of two payment structures at purchase: One-Time Buildout (paid in full, as specified in the Order Form) or Installment Plan (paid monthly over 12 months, as specified in the Order Form). A $500 Commitment Fee is due at checkout under either structure. For One-Time Buildout, this fee is applied toward the total. For the Installment Plan, this fee is separate and non-refundable, and does not apply toward the total service cost.
One-Time Buildout clients own their agent on their own third-party provider account(s) (e.g., Retell, Vapi, Bland) and are billed directly by that provider for usage, typically under $0.10/minute, subject to change by the provider. Installment Plan clients receive included minutes per month as specified in the Order Form, with overages billed the following cycle. CRM, calendar, and telephony subscriptions required for service delivery are paid directly by Client to those providers.
If Client's delivered agent does not perform the core functions specified in the Order Form due to a verified defect in Company's build, Client should contact Company within 60 days of delivery. Company will make reasonable efforts to correct the issue at no additional cost. If, after a genuine opportunity to correct the issue, the agent still fails to perform as specified, Client may request a refund within the same 60-day window. Approved refunds are issued at 80% of the total Buildout Fee paid; the remaining 20% is retained to cover the Commitment Fee, labor, and setup costs already incurred and is non-refundable. This guarantee does not cover dissatisfaction based on business results, call volume, third-party platform costs, or change of mind.
Client may cancel the Installment Plan within 60 days of the initial payment. Amounts already paid, including the $500 Commitment Fee and any installments, are non-refundable upon cancellation. Client remains responsible for any usage incurred and unbilled at the time of cancellation, billed in arrears at $0.30/minute. If a scheduled payment is not received, Client has 5 days to bring the account current before service is suspended; service is not restored until payment is made in full. If Client fails to complete the plan, or cancels after the 60-day window, Client does not own the agent and any amounts paid are non-refundable.
One-Time Buildout has no minimum term; once paid in full and delivered, Client owns the agent outright and Company's obligation ends. The Installment Plan remains in effect until paid in full through the agreed schedule; Client may not cancel prior to completion except as described above. Once fully paid, Client owns the agent outright and the Agreement terminates.
The Installment Plan bills Client's selected tier at the published monthly rate over a 12-month term. The total amount paid under the Installment Plan is greater than the One-Time Buildout price for the same tier, reflecting the cost of paying over time.
Installment Plan payments are auto-billed to the payment method on file; auto-billing is required. Failed payments must be cured within 5 days or service is suspended. Accounts with two or more failed or late payments in any 12-month period are subject to a $100 late fee per subsequent occurrence.
Initiating a chargeback or payment dispute without first attempting to resolve the issue directly with Company constitutes a material breach of this Agreement. Upon a chargeback, this Agreement terminates immediately, Client forfeits all rights to continued service, and (for Installment Plan clients) Company may invoice and charge the full remaining balance owed as liquidated damages. Client is subject to a $150 administrative fee per dispute regardless of outcome, and is responsible for all collection costs and legal fees. Company will make every reasonable effort to resolve legitimate billing disputes directly and in good faith prior to any dispute being filed.
Client is generally required to open and maintain their own account with a third-party telecommunications provider (e.g., Twilio, Telnyx) and complete that provider's registration and verification process. If Client's registration fails or cannot be completed, Company may, at its discretion, provision a number on Client's behalf under a limited, non-transferable license; Client acquires no ownership interest in a Company-provisioned number, and rights to use it cease upon termination of this Agreement.
The service is not HIPAA or PCI-DSS compliant and may not be used to collect protected health information, payment card data, Social Security numbers, or other sensitive regulated data, nor used outside the scope specified in Client's Order Form, absent a separate written compliance addendum. Violations may result in immediate termination without refund. Installment Plan clients in violation may be billed for the full remaining balance. One-Time Buildout clients in violation will receive a cease-and-desist notice; continued violation may be pursued through arbitration, with Client responsible for Company's legal fees and costs.
Company delivers services through third-party technology providers, which may include ElevenLabs, Inc., Retell AI, Vapi, Bland AI, and others, whose respective terms govern service delivery. Company does not own or control these technologies and may substitute providers at any time without notice.
Company may suspend or terminate services with 48 hours' notice if a third-party provider materially changes pricing, discontinues a needed integration, experiences a major outage, or changes terms in a way that conflicts with service delivery. In such cases, Installment Plan clients are not billed for remaining installments and are not entitled to a refund of amounts already paid; One-Time Buildout clients are not entitled to a refund, as the agent was already delivered.
Client's use of any agent powered by ElevenLabs technology is subject to ElevenLabs' Terms of Service and Prohibited Use Policy. ElevenLabs is a third-party beneficiary of this Agreement with respect to that use, and has a non-exclusive right to process call data to support its technology. Company is not ElevenLabs' agent, partner, or joint venturer.
AI voice technology is an emerging field and Company makes no guarantee of uninterrupted service. Company may, at its sole discretion, issue a service credit for interruptions caused by a third-party provider; such credits are discretionary and not guaranteed.
Client is solely responsible for informing callers they are speaking with an AI agent, disclosing that calls are recorded, obtaining all legally required consents for recording and AI processing under applicable law, and updating their own privacy policy accordingly. Client bears full liability for any modification or removal of required disclosure language from the agent script.
Client is solely responsible for compliance with the TCPA, Telemarketing Sales Rule, Do-Not-Call rules, and related regulations, and must reimburse Company for any carrier-passed fines or legal fees resulting from Client's calling or messaging practices.
Client may not use the service for unlawful purposes, harassment, misleading callers about AI identity, unsolicited messaging in violation of law, illegal telemarketing, failing to honor opt-outs, reverse engineering the technology, or sharing access with unauthorized third parties. Violations are grounds for immediate termination without refund.
Upon final payment, whether in full under One-Time Buildout or through completion of the Installment Plan, Company delivers all account access, API keys, tokens, and credentials needed for Client to independently operate the agent on their own third-party accounts. Client is solely responsible for these credentials once delivered. Client is solely responsible for all fees charged by their selected third-party provider under that provider's own billing model.
Client agrees to indemnify and hold harmless Voice Factory AI LLC from claims arising from third-party provider performance, Client's use of the AI voice agent, TCPA violations, business losses, misuse of the phone number, or carrier fines triggered by Client's activity.
Company's total liability to Client shall not exceed the total amount paid by Client to Company under this Agreement. Company is not liable for indirect, incidental, special, consequential, or punitive damages.
Client waives any claim for business loss, lost profits, or consequential damages arising from use of or reliance on the services. AI voice technology is not guaranteed to produce any specific business outcome.
Company is not liable for delays or failures caused by circumstances beyond its reasonable control, including third-party outages, government action, natural disasters, telecommunications failures, or AI platform changes.
This Agreement is governed by the laws of the State of Wyoming. Disputes are resolved exclusively through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, in Wyoming or remotely. Client waives any right to a jury trial or class action participation and agrees to bear arbitration filing fees and costs; the prevailing party may recover reasonable attorney's fees.
By purchasing services, Client represents they are of legal age and sound judgment, not under duress or impairment, have read these Terms in full, had the opportunity to seek independent legal counsel, and have full authority to bind their business.
These Terms, together with Client's signed Service Agreement and Order Form, constitute the entire agreement between the parties and supersede all prior discussions. Modifications must be in writing signed by both parties.
Voice Factory AI LLC · 44 Montgomery St, Suite 101, San Francisco, CA 94104 · 415-406-8696 · support@voicefactoryai.com