Terms of Service
Effective Date: January 2026
PLEASE READ THESE TERMS OF SERVICE (‘TERMS’) CAREFULLY BEFORE USING THE SERVICES OFFERED BY VAVAVOICE LIMITED (‘VAVAVOICE’, ‘WE’, ‘US’, ‘OUR’). BY (A) MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH VAVAVOICE THAT INCORPORATE THESE TERMS BY REFERENCE (EACH, AN ‘ORDER FORM’), OR (B) PLACING AN ORDER THROUGH OUR ONLINE CHECKOUT OR SIGN-UP FLOW THAT REFERENCES THESE TERMS, YOU (‘CUSTOMER’) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE ‘AGREEMENT’) TO THE EXCLUSION OF ALL OTHER TERMS.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
Company details
VAVAVOICE Limited
Registered Address: 81, 1 Marketfield Road, Redhill, RH1 1RZ
Contact Email: team@vavavoice.ai
1. Services
(a) Order Forms; licence.
Upon mutual execution, each Order Form forms part of this Agreement. Subject to Customer’s compliance with this Agreement (including any limits in the Order Form), VAVAVOICE grants Customer a non-exclusive, limited, non-transferable, non-sublicensable right during the applicable Order Form Term to access and use the VAVA Voice service(s) specified in the Order Form (the ‘Service’ or ‘Services’) for Customer’s internal business purposes.
The Services are designed to support hospitality and experience operators (including attractions, family entertainment venues and activity-based venues) with inbound calls, guest enquiries and booking workflows.
Customer will use the Services only in accordance with (i) this Agreement and (ii) any documentation or onboarding materials we provide (‘Documentation’).
(b) What the Services do.
Depending on the plan and configuration, the Services may include:
• AI-assisted call answering for inbound calls;
• responding to common guest questions using Customer-provided information;
• capturing booking details and guest enquiries;
• integrating with Customer’s booking system and/or CRM to enable callers to make, modify, cancel and confirm bookings (where enabled and supported);
• routing or transferring calls to Customer team members;
• call transcripts, summaries, outcomes, analytics and reporting;
• optional operational messages (such as confirmations and reminders) where enabled.
(c) Evaluation Services (trial/pilot/beta).
If Customer accesses the Services on a free, trial, pilot, beta, demo, pre-release, evaluation or testing basis (‘Evaluation Services’), then:
• Evaluation Services are provided ‘AS IS’ and may be limited or change without notice;
• certain obligations that apply to paid Services may not apply, as permitted by law; and
• Evaluation Services may be withdrawn at any time.
The ‘Pilot Period’ means the period stated for the Evaluation Services (or, if not stated, the period during which access is granted).
(d) Implementation and onboarding.
If an Order Form includes onboarding or implementation support (including call flow design, knowledge base setup, integration configuration and testing) (‘Implementation Assistance’), we will provide it using reasonable commercial efforts. Customer will provide timely access, information and approvals needed for Implementation Assistance.
(e) Updates; changes; experimental features.
We may provide upgrades, patches, enhancements or fixes (‘Updates’). Updates, when provided, form part of the Services under this Agreement. We may modify the Services to improve performance, security or functionality. Where a change materially reduces core functionality as configured for Customer, we will use commercially reasonable efforts to provide prior notice.Some features may be marked as experimental. Experimental features are provided ‘AS IS’, may be removed, and may not be suitable for production use.
(f) Ownership; feedback.
As between the parties, VAVAVOICE retains all right, title and interest in and to the Services, Documentation and all related intellectual property. No rights are granted except as expressly stated in this Agreement.Customer may provide suggestions, feedback or ideas (‘Feedback’). Customer grants VAVAVOICE a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use and exploit Feedback for any purpose without obligation to Customer.
(g) No guarantee of outcomes.
Customer acknowledges that the Services use automated and AI-based systems. While we design the Services to be helpful and reliable, Customer acknowledges that:
• the Services may not always interpret requests correctly;
• outputs may be incomplete or inaccurate; and
• Customer remains responsible for business decisions, policies, pricing, and the handling of bookings and guest communications.Customer should test and monitor the Services, particularly after any configuration changes.
2. Term and Termination
(a) Agreement term.
This Agreement begins on the effective date of the first Order Form (the ‘Agreement Effective Date’) and continues until all Order Form Terms have expired or been terminated.
(b) Order Form Term; renewals; cancellation.
Each Order Form runs for the term stated in that Order Form (the ‘Order Form Term’). Unless the Order Form states otherwise:
• monthly plans renew monthly; and
• annual plans renew annually.
Customer may cancel an Order Form at any time by giving written notice (including by email to team@vavavoice.ai or via any self-serve cancellation method we make available). Cancellation stops the Order Form from renewing at the end of the then-current Order Form Term. Customer will continue to have access to the Services until the end of the period already paid for, unless the Agreement is terminated earlier in accordance with Section 2(c) or the Services are suspended under Section 2(d).
Unless required by law, Fees are not refunded for any unused time remaining in a paid term.We may choose not to renew an Order Form by giving written notice to Customer before the renewal date.
(c) Termination for cause.
Either party may terminate this Agreement or an Order Form for a material breach by the other party that remains uncured thirty (30) days after written notice.
(d) Suspension.
We may suspend or limit access to the Services if:
(i) Customer is more than ten (10) days overdue on undisputed payments;
(ii) Customer is in breach of Section 4 (Restrictions/Acceptable Use);
(iii) Customer’s use of the Services causes or is reasonably likely to cause material harm to the Services, other customers, or our infrastructure; or
(iv) required by law or a regulator.Where practical, we will give notice and work in good faith to resolve issues before suspension.(e) Effect of termination.
On termination or expiry of an Order Form:
• Customer’s right to use the Services under that Order Form ends;
• Customer remains liable for fees incurred up to the termination/expiry date; and
• sections that by their nature should survive will survive (including payment obligations, ownership, confidentiality, disclaimers and limits of liability).
For clarity, cancellation under Section 2(b) stops auto-renewal and does not end access before the end of the paid Order Form Term.If Customer requests assistance exporting Customer Data after termination, we may charge our then-current professional services rates unless the Order Form states otherwise.
(f) Ending an Evaluation Service.
Customer may end Evaluation Services by providing written notice before the end of the Pilot Period. We may end Evaluation Services at any time.
3. Fees and Payment
(a) Fees; billing.
Customer will pay the fees set out in the applicable Order Form or online checkout (‘Fees’). Unless stated otherwise:
• monthly Fees are billed monthly in advance; and
• annual Fees are billed annually in advance.
(b) Usage-based charges; minutes; Fair Usage Policy for Unlimited plans.
Some plans include a monthly allowance of call minutes and/or usage. If Customer exceeds included usage (except where a plan expressly includes ‘unlimited’ usage), additional usage will be charged at the published overage rate or the rate set out in the Order Form.‘Unlimited’ plans mean unlimited call minutes and booking handling for normal inbound operational use, subject to this Fair Usage Policy and the Restrictions/Acceptable Use in Section 4.Fair Usage Policy (Unlimited plans)
Unlimited plans are designed for a single operating business to handle genuine inbound calls from its guests and prospective guests. Unlimited plans may not be used for:
• providing call-handling services to third parties (including reselling or bureau/call-centre use);
• outbound calling, call blasting or telemarketing (unless expressly agreed in writing);
• artificially generated traffic or abusive patterns (including robocalls, automated diallers, load testing, or attempts to inflate call duration/volume);
• activity that materially degrades the Services for other customers.If we reasonably determine that Customer’s usage is outside fair usage (including, by way of example, use across multiple venues/numbers under one Unlimited plan, or sustained volumes typically associated with multi-venue groups or 1,000+ inbound calls per calendar month), we may contact Customer to agree an appropriate plan (including moving to an Enterprise plan), apply reasonable safeguards/controls, or charge overage at our standard rates. We will use commercially reasonable efforts to give prior notice and work with Customer to avoid disruption.(c) Taxes.
Fees are exclusive of VAT and other applicable taxes unless stated otherwise. Customer is responsible for all applicable taxes (excluding taxes on our net income).(d) Late payments.
Overdue undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law. Customer will reimburse reasonable costs of collection where permitted.(e) No set-off; non-refundable.
Fees are non-refundable and not subject to set-off, except where required by law or expressly stated in an Order Form.(f) Price changes.
We may change Fees for renewals by giving reasonable prior notice. Changes do not apply during a current pre-paid term.(g) Payment providers.
We may use third-party payment processors. Customer agrees to comply with their terms when making payments.
4. Restrictions and Acceptable Use(a) Restrictions.
Except as expressly permitted, Customer shall not (and shall not permit any third party to):
(i) reverse engineer, decompile or disassemble the Services;
(ii) copy, modify, translate or create derivative works of the Services;
(iii) rent, lease, resell, distribute or provide the Services to third parties as a service bureau;
(iv) remove proprietary notices;
(v) use the Services to build a competing product;
(vi) interfere with or disrupt the Services, security or integrity; or
(vii) bypass access controls or rate limits.(b) Legal compliance; caller notices.
Customer will use the Services in compliance with all applicable laws and regulations, including laws relating to:
• telecoms and call handling;
• marketing communications (including SMS/email where enabled);
• call recording and monitoring; and
• data protection and privacy.Customer is responsible for ensuring appropriate notices are provided to callers (for example, that calls may be recorded, transcribed and handled using AI) and for obtaining any required consents.(c) Prohibited content and use.
Customer will not use the Services to:
• handle emergency services or emergency medical requests;
• facilitate illegal activity;
• transmit malware or harmful code;
• impersonate or misrepresent affiliations; or
• harass, abuse or discriminate against individuals or groups.(d) Customer responsibility for configuration.
Customer is responsible for the content and accuracy of information it provides (hours, pricing, policies, rules, availability, refund rules, etc.) and for reviewing configurations that affect bookings, cancellations and guest communications.
5. Customer Data(a) Definition.
‘Customer Data’ means data and materials submitted by Customer to the Services (such as business details, policies, FAQs, scripts, call flows, routing rules and integration credentials), excluding End User Data.(b) Ownership.
Customer retains all rights in Customer Data. Customer grants VAVAVOICE a licence to host, use, process and transmit Customer Data only as necessary to provide the Services, support Customer, prevent abuse, and improve and maintain the Services.(c) Customer warranties.
Customer warrants it has all rights necessary to provide Customer Data and that Customer Data does not infringe third-party rights.(d) Security.
We will use commercially reasonable efforts to protect Customer Data and maintain the security of the Services. We are not responsible for unauthorised access caused by Customer’s acts/omissions, compromised credentials, or third-party systems outside our reasonable control.(e) Aggregated and de-identified data.
We may create and use aggregated and/or de-identified data derived from usage of the Services for our business purposes (including improving, testing and operating the Services), provided such data does not identify Customer or End Users.(f) Delinquency and deletion.
If Customer’s account is significantly overdue, we may suspend Services and, after a reasonable period, delete Customer Data in accordance with our retention practices and applicable law.
6. End User Data (Callers/Guests)(a) Definition.
‘End Users’ are individuals who call or interact with the Services on Customer’s behalf (typically Customer’s guests). ‘End User Data’ includes call audio, caller details, transcripts, booking requests, booking references, outcomes and related interaction data.(b) Roles under data protection law.
For End User Data, Customer is typically the data controller and VAVAVOICE acts as a processor, processing End User Data on Customer’s instructions to deliver the Services. Customer is responsible for providing required privacy information to End Users and establishing a lawful basis for processing.(c) Customer obligations.
Customer must ensure it has all notices, consents and permissions required to enable processing of End User Data through the Services (including recording/transcription where enabled and any booking-system/CRM processing).(d) Data processing terms.
Where required, the parties will enter into a data processing addendum (‘DPA’) or equivalent terms covering processor obligations, sub-processors and international transfers. If a DPA is made available by VAVAVOICE, it will form part of the Agreement once incorporated by reference or executed.(e) Misconfiguration risk.
Customer acknowledges that misconfigured rules (for example, incorrect cancellation/refund policies or incorrect availability) may cause operational issues. Customer remains responsible for oversight and for correcting Customer Data.
7. Third Party Integrations; Customer Equipment(a) Integrations.
The Services may interoperate with third-party systems (including booking platforms, CRMs, telephony providers and messaging services) (‘Third Party Integrations’). Availability of certain features depends on these integrations and access permissions.(b) Customer responsibility.
Customer is responsible for:
• maintaining its third-party subscriptions and accounts;
• ensuring VAVAVOICE has necessary permissions and access; and
• complying with third-party terms.We do not warrant third-party systems and are not responsible for failures caused by Third Party Integrations.(c) Customer equipment.
Customer is responsible for its own equipment, network and telecoms arrangements required to use the Services.
8. Indemnification(a) By Customer.
Customer will defend, indemnify and hold harmless VAVAVOICE, its affiliates and personnel from losses, claims and expenses (including reasonable legal fees) arising from:
• Customer Data;
• Customer’s misuse of the Services;
• Customer’s breach of Section 4 (Restrictions/Acceptable Use); or
• Customer’s failure to provide required notices/consents to End Users.(b) By VAVAVOICE.
VAVAVOICE will defend, indemnify and hold harmless Customer from losses, claims and expenses (including reasonable legal fees) arising from a third-party claim that the Services, as provided by VAVAVOICE and used in accordance with this Agreement, infringe a third-party intellectual property right.(c) Exclusions.
VAVAVOICE’s indemnity does not apply to claims arising from:
• Customer Data or third-party integrations;
• modifications not made by VAVAVOICE;
• use not in accordance with this Agreement or Documentation; or
• Evaluation Services.(d) Process.
The indemnified party must provide prompt notice, reasonable cooperation, and allow the indemnifying party control of the defence and settlement (subject to reasonable consent where a settlement admits fault or imposes obligations).
9. Disclaimer of WarrantyEXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR COMPLETE.
10. Limitation of Liability(a) Excluded damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT.(b) Liability cap.
EXCEPT FOR (I) CUSTOMER’S PAYMENT OBLIGATIONS, (II) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, AND (III) LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO VAVAVOICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.(c) Non-excludable liability.
Nothing in this Agreement limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
11. Miscellaneous(a) Entire agreement.
This Agreement (including Order Forms and any incorporated schedules) is the entire agreement between the parties and supersedes prior discussions. If there is a conflict between an Order Form and these Terms, the Order Form prevails.(b) Governing law and jurisdiction.
This Agreement is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.(c) Marketing.
With Customer’s consent (which may be given in an Order Form), we may identify Customer as a customer and use Customer’s name and logo for marketing while the Order Form remains in force. Any press release requires Customer’s prior written approval.(d) Notices.
Notices must be in writing and will be deemed given when delivered personally, sent by recorded delivery, or when email receipt is confirmed.
Notices to VAVAVOICE should be sent to: team@vavavoice.ai and/or to the registered address above.
Notices to Customer should be sent to the contact details in the Order Form or the account profile.(e) Changes to these Terms.
We may update these Terms by posting a new version on our website or within the Services. For paid Services, changes apply at renewal unless otherwise required by law. Continued use of the Services after the effective date of updated Terms constitutes acceptance.(f) Confidentiality.
Each party may receive the other party’s confidential information. Each party will protect the other’s confidential information using reasonable care and will use it only to perform this Agreement. Confidentiality obligations do not apply to information that is public (through no breach), independently developed, or lawfully received from a third party.(g) Force majeure.
Neither party will be liable for delays or failures caused by events beyond reasonable control (except payment obligations).(h) Assignment; subcontractors.
Neither party may assign this Agreement without the other’s consent, except to a successor in connection with a merger or sale of substantially all relevant assets. VAVAVOICE may use subcontractors to provide the Services, subject to appropriate obligations.(i) No partnership.
Nothing in this Agreement creates a partnership, agency or employment relationship between the parties.(j) Severability.
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.(k) Waiver.
A failure to enforce any provision is not a waiver of that provision or any other provision.(l) Third party rights.
No person other than the parties has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.END OF TERMS
PLEASE READ THESE TERMS OF SERVICE (‘TERMS’) CAREFULLY BEFORE USING THE SERVICES OFFERED BY VAVAVOICE LIMITED (‘VAVAVOICE’, ‘WE’, ‘US’, ‘OUR’). BY (A) MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH VAVAVOICE THAT INCORPORATE THESE TERMS BY REFERENCE (EACH, AN ‘ORDER FORM’), OR (B) PLACING AN ORDER THROUGH OUR ONLINE CHECKOUT OR SIGN-UP FLOW THAT REFERENCES THESE TERMS, YOU (‘CUSTOMER’) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE ‘AGREEMENT’) TO THE EXCLUSION OF ALL OTHER TERMS.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
Company details
VAVAVOICE Limited
Registered Address: 81, 1 Marketfield Road, Redhill, RH1 1RZ
Contact Email: team@vavavoice.ai
1. Services
(a) Order Forms; licence.
Upon mutual execution, each Order Form forms part of this Agreement. Subject to Customer’s compliance with this Agreement (including any limits in the Order Form), VAVAVOICE grants Customer a non-exclusive, limited, non-transferable, non-sublicensable right during the applicable Order Form Term to access and use the VAVA Voice service(s) specified in the Order Form (the ‘Service’ or ‘Services’) for Customer’s internal business purposes.
The Services are designed to support hospitality and experience operators (including attractions, family entertainment venues and activity-based venues) with inbound calls, guest enquiries and booking workflows.
Customer will use the Services only in accordance with (i) this Agreement and (ii) any documentation or onboarding materials we provide (‘Documentation’).
(b) What the Services do.
Depending on the plan and configuration, the Services may include:
• AI-assisted call answering for inbound calls;
• responding to common guest questions using Customer-provided information;
• capturing booking details and guest enquiries;
• integrating with Customer’s booking system and/or CRM to enable callers to make, modify, cancel and confirm bookings (where enabled and supported);
• routing or transferring calls to Customer team members;
• call transcripts, summaries, outcomes, analytics and reporting;
• optional operational messages (such as confirmations and reminders) where enabled.
(c) Evaluation Services (trial/pilot/beta).
If Customer accesses the Services on a free, trial, pilot, beta, demo, pre-release, evaluation or testing basis (‘Evaluation Services’), then:
• Evaluation Services are provided ‘AS IS’ and may be limited or change without notice;
• certain obligations that apply to paid Services may not apply, as permitted by law; and
• Evaluation Services may be withdrawn at any time.
The ‘Pilot Period’ means the period stated for the Evaluation Services (or, if not stated, the period during which access is granted).
(d) Implementation and onboarding.
If an Order Form includes onboarding or implementation support (including call flow design, knowledge base setup, integration configuration and testing) (‘Implementation Assistance’), we will provide it using reasonable commercial efforts. Customer will provide timely access, information and approvals needed for Implementation Assistance.
(e) Updates; changes; experimental features.
We may provide upgrades, patches, enhancements or fixes (‘Updates’). Updates, when provided, form part of the Services under this Agreement. We may modify the Services to improve performance, security or functionality. Where a change materially reduces core functionality as configured for Customer, we will use commercially reasonable efforts to provide prior notice.Some features may be marked as experimental. Experimental features are provided ‘AS IS’, may be removed, and may not be suitable for production use.
(f) Ownership; feedback.
As between the parties, VAVAVOICE retains all right, title and interest in and to the Services, Documentation and all related intellectual property. No rights are granted except as expressly stated in this Agreement.Customer may provide suggestions, feedback or ideas (‘Feedback’). Customer grants VAVAVOICE a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use and exploit Feedback for any purpose without obligation to Customer.
(g) No guarantee of outcomes.
Customer acknowledges that the Services use automated and AI-based systems. While we design the Services to be helpful and reliable, Customer acknowledges that:
• the Services may not always interpret requests correctly;
• outputs may be incomplete or inaccurate; and
• Customer remains responsible for business decisions, policies, pricing, and the handling of bookings and guest communications.Customer should test and monitor the Services, particularly after any configuration changes.
2. Term and Termination
(a) Agreement term.
This Agreement begins on the effective date of the first Order Form (the ‘Agreement Effective Date’) and continues until all Order Form Terms have expired or been terminated.
(b) Order Form Term; renewals; cancellation.
Each Order Form runs for the term stated in that Order Form (the ‘Order Form Term’). Unless the Order Form states otherwise:
• monthly plans renew monthly; and
• annual plans renew annually.
Customer may cancel an Order Form at any time by giving written notice (including by email to team@vavavoice.ai or via any self-serve cancellation method we make available). Cancellation stops the Order Form from renewing at the end of the then-current Order Form Term. Customer will continue to have access to the Services until the end of the period already paid for, unless the Agreement is terminated earlier in accordance with Section 2(c) or the Services are suspended under Section 2(d).
Unless required by law, Fees are not refunded for any unused time remaining in a paid term.We may choose not to renew an Order Form by giving written notice to Customer before the renewal date.
(c) Termination for cause.
Either party may terminate this Agreement or an Order Form for a material breach by the other party that remains uncured thirty (30) days after written notice.
(d) Suspension.
We may suspend or limit access to the Services if:
(i) Customer is more than ten (10) days overdue on undisputed payments;
(ii) Customer is in breach of Section 4 (Restrictions/Acceptable Use);
(iii) Customer’s use of the Services causes or is reasonably likely to cause material harm to the Services, other customers, or our infrastructure; or
(iv) required by law or a regulator.Where practical, we will give notice and work in good faith to resolve issues before suspension.(e) Effect of termination.
On termination or expiry of an Order Form:
• Customer’s right to use the Services under that Order Form ends;
• Customer remains liable for fees incurred up to the termination/expiry date; and
• sections that by their nature should survive will survive (including payment obligations, ownership, confidentiality, disclaimers and limits of liability).
For clarity, cancellation under Section 2(b) stops auto-renewal and does not end access before the end of the paid Order Form Term.If Customer requests assistance exporting Customer Data after termination, we may charge our then-current professional services rates unless the Order Form states otherwise.
(f) Ending an Evaluation Service.
Customer may end Evaluation Services by providing written notice before the end of the Pilot Period. We may end Evaluation Services at any time.
3. Fees and Payment
(a) Fees; billing.
Customer will pay the fees set out in the applicable Order Form or online checkout (‘Fees’). Unless stated otherwise:
• monthly Fees are billed monthly in advance; and
• annual Fees are billed annually in advance.
(b) Usage-based charges; minutes; Fair Usage Policy for Unlimited plans.
Some plans include a monthly allowance of call minutes and/or usage. If Customer exceeds included usage (except where a plan expressly includes ‘unlimited’ usage), additional usage will be charged at the published overage rate or the rate set out in the Order Form.‘Unlimited’ plans mean unlimited call minutes and booking handling for normal inbound operational use, subject to this Fair Usage Policy and the Restrictions/Acceptable Use in Section 4.Fair Usage Policy (Unlimited plans)
Unlimited plans are designed for a single operating business to handle genuine inbound calls from its guests and prospective guests. Unlimited plans may not be used for:
• providing call-handling services to third parties (including reselling or bureau/call-centre use);
• outbound calling, call blasting or telemarketing (unless expressly agreed in writing);
• artificially generated traffic or abusive patterns (including robocalls, automated diallers, load testing, or attempts to inflate call duration/volume);
• activity that materially degrades the Services for other customers.If we reasonably determine that Customer’s usage is outside fair usage (including, by way of example, use across multiple venues/numbers under one Unlimited plan, or sustained volumes typically associated with multi-venue groups or 1,000+ inbound calls per calendar month), we may contact Customer to agree an appropriate plan (including moving to an Enterprise plan), apply reasonable safeguards/controls, or charge overage at our standard rates. We will use commercially reasonable efforts to give prior notice and work with Customer to avoid disruption.(c) Taxes.
Fees are exclusive of VAT and other applicable taxes unless stated otherwise. Customer is responsible for all applicable taxes (excluding taxes on our net income).(d) Late payments.
Overdue undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law. Customer will reimburse reasonable costs of collection where permitted.(e) No set-off; non-refundable.
Fees are non-refundable and not subject to set-off, except where required by law or expressly stated in an Order Form.(f) Price changes.
We may change Fees for renewals by giving reasonable prior notice. Changes do not apply during a current pre-paid term.(g) Payment providers.
We may use third-party payment processors. Customer agrees to comply with their terms when making payments.
4. Restrictions and Acceptable Use(a) Restrictions.
Except as expressly permitted, Customer shall not (and shall not permit any third party to):
(i) reverse engineer, decompile or disassemble the Services;
(ii) copy, modify, translate or create derivative works of the Services;
(iii) rent, lease, resell, distribute or provide the Services to third parties as a service bureau;
(iv) remove proprietary notices;
(v) use the Services to build a competing product;
(vi) interfere with or disrupt the Services, security or integrity; or
(vii) bypass access controls or rate limits.(b) Legal compliance; caller notices.
Customer will use the Services in compliance with all applicable laws and regulations, including laws relating to:
• telecoms and call handling;
• marketing communications (including SMS/email where enabled);
• call recording and monitoring; and
• data protection and privacy.Customer is responsible for ensuring appropriate notices are provided to callers (for example, that calls may be recorded, transcribed and handled using AI) and for obtaining any required consents.(c) Prohibited content and use.
Customer will not use the Services to:
• handle emergency services or emergency medical requests;
• facilitate illegal activity;
• transmit malware or harmful code;
• impersonate or misrepresent affiliations; or
• harass, abuse or discriminate against individuals or groups.(d) Customer responsibility for configuration.
Customer is responsible for the content and accuracy of information it provides (hours, pricing, policies, rules, availability, refund rules, etc.) and for reviewing configurations that affect bookings, cancellations and guest communications.
5. Customer Data(a) Definition.
‘Customer Data’ means data and materials submitted by Customer to the Services (such as business details, policies, FAQs, scripts, call flows, routing rules and integration credentials), excluding End User Data.(b) Ownership.
Customer retains all rights in Customer Data. Customer grants VAVAVOICE a licence to host, use, process and transmit Customer Data only as necessary to provide the Services, support Customer, prevent abuse, and improve and maintain the Services.(c) Customer warranties.
Customer warrants it has all rights necessary to provide Customer Data and that Customer Data does not infringe third-party rights.(d) Security.
We will use commercially reasonable efforts to protect Customer Data and maintain the security of the Services. We are not responsible for unauthorised access caused by Customer’s acts/omissions, compromised credentials, or third-party systems outside our reasonable control.(e) Aggregated and de-identified data.
We may create and use aggregated and/or de-identified data derived from usage of the Services for our business purposes (including improving, testing and operating the Services), provided such data does not identify Customer or End Users.(f) Delinquency and deletion.
If Customer’s account is significantly overdue, we may suspend Services and, after a reasonable period, delete Customer Data in accordance with our retention practices and applicable law.
6. End User Data (Callers/Guests)(a) Definition.
‘End Users’ are individuals who call or interact with the Services on Customer’s behalf (typically Customer’s guests). ‘End User Data’ includes call audio, caller details, transcripts, booking requests, booking references, outcomes and related interaction data.(b) Roles under data protection law.
For End User Data, Customer is typically the data controller and VAVAVOICE acts as a processor, processing End User Data on Customer’s instructions to deliver the Services. Customer is responsible for providing required privacy information to End Users and establishing a lawful basis for processing.(c) Customer obligations.
Customer must ensure it has all notices, consents and permissions required to enable processing of End User Data through the Services (including recording/transcription where enabled and any booking-system/CRM processing).(d) Data processing terms.
Where required, the parties will enter into a data processing addendum (‘DPA’) or equivalent terms covering processor obligations, sub-processors and international transfers. If a DPA is made available by VAVAVOICE, it will form part of the Agreement once incorporated by reference or executed.(e) Misconfiguration risk.
Customer acknowledges that misconfigured rules (for example, incorrect cancellation/refund policies or incorrect availability) may cause operational issues. Customer remains responsible for oversight and for correcting Customer Data.
7. Third Party Integrations; Customer Equipment(a) Integrations.
The Services may interoperate with third-party systems (including booking platforms, CRMs, telephony providers and messaging services) (‘Third Party Integrations’). Availability of certain features depends on these integrations and access permissions.(b) Customer responsibility.
Customer is responsible for:
• maintaining its third-party subscriptions and accounts;
• ensuring VAVAVOICE has necessary permissions and access; and
• complying with third-party terms.We do not warrant third-party systems and are not responsible for failures caused by Third Party Integrations.(c) Customer equipment.
Customer is responsible for its own equipment, network and telecoms arrangements required to use the Services.
8. Indemnification(a) By Customer.
Customer will defend, indemnify and hold harmless VAVAVOICE, its affiliates and personnel from losses, claims and expenses (including reasonable legal fees) arising from:
• Customer Data;
• Customer’s misuse of the Services;
• Customer’s breach of Section 4 (Restrictions/Acceptable Use); or
• Customer’s failure to provide required notices/consents to End Users.(b) By VAVAVOICE.
VAVAVOICE will defend, indemnify and hold harmless Customer from losses, claims and expenses (including reasonable legal fees) arising from a third-party claim that the Services, as provided by VAVAVOICE and used in accordance with this Agreement, infringe a third-party intellectual property right.(c) Exclusions.
VAVAVOICE’s indemnity does not apply to claims arising from:
• Customer Data or third-party integrations;
• modifications not made by VAVAVOICE;
• use not in accordance with this Agreement or Documentation; or
• Evaluation Services.(d) Process.
The indemnified party must provide prompt notice, reasonable cooperation, and allow the indemnifying party control of the defence and settlement (subject to reasonable consent where a settlement admits fault or imposes obligations).
9. Disclaimer of WarrantyEXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR COMPLETE.
10. Limitation of Liability(a) Excluded damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT.(b) Liability cap.
EXCEPT FOR (I) CUSTOMER’S PAYMENT OBLIGATIONS, (II) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, AND (III) LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO VAVAVOICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.(c) Non-excludable liability.
Nothing in this Agreement limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
11. Miscellaneous(a) Entire agreement.
This Agreement (including Order Forms and any incorporated schedules) is the entire agreement between the parties and supersedes prior discussions. If there is a conflict between an Order Form and these Terms, the Order Form prevails.(b) Governing law and jurisdiction.
This Agreement is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.(c) Marketing.
With Customer’s consent (which may be given in an Order Form), we may identify Customer as a customer and use Customer’s name and logo for marketing while the Order Form remains in force. Any press release requires Customer’s prior written approval.(d) Notices.
Notices must be in writing and will be deemed given when delivered personally, sent by recorded delivery, or when email receipt is confirmed.
Notices to VAVAVOICE should be sent to: team@vavavoice.ai and/or to the registered address above.
Notices to Customer should be sent to the contact details in the Order Form or the account profile.(e) Changes to these Terms.
We may update these Terms by posting a new version on our website or within the Services. For paid Services, changes apply at renewal unless otherwise required by law. Continued use of the Services after the effective date of updated Terms constitutes acceptance.(f) Confidentiality.
Each party may receive the other party’s confidential information. Each party will protect the other’s confidential information using reasonable care and will use it only to perform this Agreement. Confidentiality obligations do not apply to information that is public (through no breach), independently developed, or lawfully received from a third party.(g) Force majeure.
Neither party will be liable for delays or failures caused by events beyond reasonable control (except payment obligations).(h) Assignment; subcontractors.
Neither party may assign this Agreement without the other’s consent, except to a successor in connection with a merger or sale of substantially all relevant assets. VAVAVOICE may use subcontractors to provide the Services, subject to appropriate obligations.(i) No partnership.
Nothing in this Agreement creates a partnership, agency or employment relationship between the parties.(j) Severability.
If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.(k) Waiver.
A failure to enforce any provision is not a waiver of that provision or any other provision.(l) Third party rights.
No person other than the parties has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.END OF TERMS
Cloned voices are included in each plan if VAVA Voice retains ownership and rights to the cloned voice. If you require client ownership of a clone, add £199 per clone.
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