Terms of Service

Updated on 2023-07-28

Accepting this agreement, or accessing or using Voicein's services, indicates that you agree to the terms and conditions of this agreement.

If you use any of the services as an employee, agent, or contractor of a company, partnership, or similar entity, you represent and warrant that you have the right to sign and bind that entity to accept the terms of this agreement. The rights granted by this agreement are expressly conditioned upon such authorized personnel's acceptance.

Amendments to this agreement: Voicein may modify this agreement from time to time. Unless Voicein stipulates otherwise, changes will take effect for the customer after the updated version of this agreement comes into effect, during the renewal of the subscription period, or after entering a new service order. Voicein will make reasonable efforts to notify customers about changes via their account or email.

The effective date of this agreement is the date on which the customer registered for a Voicein account.

This agreement is made by and between Shenzhen Voicein Technology Co., Ltd. ("Voicein") and the individual or entity placing an order or accessing the services ("customer" or "you"). Both parties agree as follows:

1. Provision of Services

Voicein will provide services and software to the customer according to this agreement, the privacy statement, and the laws and government regulations applicable to Voicein's business. During the subscription period, Voicein grants the customer a limited, non-exclusive right to access and use the services and software solely for their internal business purposes, up to the number of users included in the service plan, including the right to download, install, and use mobile applications related to the authorized use of the services.

2. Customer Responsibilities

a. Customer Account. Customers need to register an account to place orders or access or receive services. Customers agree to keep their account information up-to-date, accurate, and complete so that Voicein can send notifications, statements, and other information to customers via email or through their account, which will be bound by this agreement and the privacy statement. Customers will be responsible for maintaining the confidentiality of user login information and credentials used to access services and immediately notify Voicein upon discovering any loss, misuse, or unauthorized disclosure of such login information and/or credentials. Voicein and its affiliates are not responsible for any damages or losses that may be caused by the customer's breach of the above obligations.

b. Use Restrictions. Customers can only use the services according to the documentation and must comply with the usage restrictions specified in any service order upon which the customer's subscription to the services is based, as well as the terms of this agreement. The customer agrees to comply with Voicein's acceptable use and behavior policy (as defined below), which is hereby incorporated into this agreement. Customers agree not to use Voicein's technology (as defined below) to: (1) process data on behalf of any third party other than the customer's users and end users; (2) use the services or Voicein's technology in violation of applicable law; (3) store or transmit any content that infringes any third party's intellectual property rights; customers shall not: (4) license, sublicense, sell, resell, rent, lease, transfer, distribute, time share, or otherwise commercially exploit or make available the Voicein technology to any third party other than users and end users, and only for the purpose of promoting the commercial purposes expressly permitted by this agreement; (5) falsely imply any sponsorship or association with Voicein; (6) decompile, reverse engineer, disassemble, copy, or otherwise access or discover the source code or underlying program of any part of Voicein. 

3. Customer Data

a. Use of Customer Data. Between the parties, the customer and its licensors retain all rights, ownership, and interest in the customer data and any modifications made to it during the operation of the Voicein technology (including any and all intellectual property rights). Under the terms of this agreement, the customer hereby grants Voicein and its affiliates a non-exclusive, global, royalty-free right to process the customer data only to the extent necessary to provide, maintain and improve the Voicein technology and perform any related obligations that the agreement or the law may require the customer to undertake. The customer is solely responsible for the accuracy, content, and legality of all customer data. The customer guarantees that it has and will have sufficient rights to the customer data to grant Voicein the rights under this agreement.

b. Data Security. Voicein will take appropriate technical and organizational measures in the services to protect customer data from unauthorized access, processing, loss, or disclosure. Voicein's measures are intended to provide a level of security commensurate with the risk of processing customer data in the services. The customer understands that Voicein and its affiliates will process customer data in accordance with applicable data protection laws, this agreement, and the privacy statement.

4. Intellectual Property

a. Ownership. Customer data is considered customer confidential information under this agreement. The customer and its licensors retain all rights, ownership, and interest in the customer data and all customer confidential information provided under this agreement, and Voicein does not acquire any of the aforementioned rights, except for the explicit rights granted under this agreement and the privacy statement. Voicein and its licensors retain all rights, ownership, and interest in the Voicein technology and usage data (as defined below). The customer acknowledges that the services are provided as an online hosted solution, and the customer has no right to obtain a copy of the underlying computer code for any of the services, except for any downloadable software (if applicable) in object code format. Voicein is free to use any suggestions and incorporate them into Voicein's products and services, which are provided by the customer or any user or end user related to Voicein's products or services. Feedback and any other suggestions are provided by the customer on an "as is" basis, and Voicein will not use them in any way to identify or permit the identification of the customer, its affiliates, users, or end users.

b. Usage Data. Notwithstanding anything to the contrary in this agreement, Voicein can collect and use any data derived from the use of the services or features (such as the country/region of residence, company size, or industry). In each case, this data is anonymized and aggregated so that the data can no longer directly or indirectly identify the customer, the customer's users or end users, or any natural person ("usage data").

c. Updates. Voicein may update the services and software from time to time, and the customer may receive update notifications. Any updates to the services and software are subject to this agreement. The customer agrees that their license to purchase the services and software does not depend on the delivery of any future functionality or features, nor on any verbal or written comments about future functionality or features made by Voicein.

d. Other Services. Voicein or other third-party products or services ("Third Party Services"). These third-party services may be integrated with the services and are not licensed by Voicein under this agreement but are subject to the terms and conditions and privacy policies accompanying the third-party provider. The customer must separately accept these terms and conditions as well as the Voicein user terms. Voicein does not guarantee or support third-party services. Voicein is not responsible for any disclosure, modification, or deletion of customer data resulting from such third-party access. The service may contain features designed to interoperate with third-party services. Voicein cannot guarantee the continued availability of such third-party services and may stop supporting them. The customer is not entitled to any refund, credit, or other compensation, for example, but not limited to, if the third-party service provider stops providing a third-party service that interoperates with the corresponding service feature in a manner acceptable to Voicein. The customer understands that Voicein is not responsible for providing technical support for third-party services, nor for the data hosting and data transmission practices followed by such third-party service providers.

5. Fees and Payment

a. Fees and Payment. All fees associated with the customer's account are listed on the website. Payment should be made immediately upon receipt of the invoice for credit card payments. The customer hereby authorizes Voicein or our authorized agent to charge your credit card for the cost of subscribing to the services (and any renewals).

b. Typographical Errors. If a product and/or service is listed at an incorrect price, or information is incorrect due to a printing error, we reserve the right to refuse or cancel any orders for products and/or services listed at the incorrect price. Regardless of whether the order has been confirmed or your credit card has been charged, we reserve the right to refuse or cancel any such orders. If your credit card has been charged and your order is cancelled, we will immediately issue a credit to your credit card account or other payment account for the corresponding amount.

6. Term of Use and Termination

a. Term. This agreement is effective from the effective date (the date of registration on the website) and will continue until the then current subscription term. The service plan starts from the date of registration and lasts until the subscription term specified therein.

b. Renewal. Unless one party provides at least thirty (30) days written notice of non-renewal before the expiration of the relevant subscription term, the service plan will automatically renew for the same number of subscriptions and the same service plan, for a term equal to the previous subscription term. Voicein reserves the right to increase fees at the start of each subscription term, including any automatic renewal terms. Any fees for the renewal subscription term shall be payable on the day of renewal.

c. Termination for Cause. If any of the following occurs, either party may terminate this agreement by providing written notice to the other party: (1) the other party materially breaches this agreement and does not correct such breach within thirty (30) days after receiving notice, or (2) immediately if the other party becomes the subject of a bankruptcy petition or any other proceeding related to bankruptcy, receivership, liquidation, or assignment for the benefit of creditors.

d. Free Trial Customers. After the expiration of the customer's free trial period, Voicein may immediately suspend the customer's access to the services. The customer must export customer data before the end of the free trial, otherwise, the customer data will be permanently deleted. Notwithstanding anything to the contrary in this agreement, Voicein has no obligation to maintain, store, or otherwise retain customer data after the end of the free trial period.

7. Data Export and Retention

Upon termination or expiration of this agreement for any reason, customer access to the services, software, mobile applications, APIs, and other Voicein offerings will cease. Voicein strongly recommends that customers export all customer data before closing their account. Voicein will provide customer data for export within fourteen (14) days from the effective date of closure of the customer's account for the following reasons. Once deleted, customer data cannot be recovered. Customers can contact third@shenging.com during the data export period to export customer data.

8. Confidentiality

Each party will protect the other party's confidential information from unauthorized use, access, or disclosure in the same way that it protects its own confidential information of similar nature or importance, and should exercise reasonable care in all circumstances. Unless otherwise expressly permitted by this agreement, the receiving party may only use the disclosing party's confidential information to exercise its respective rights and fulfill its respective obligations under this agreement, and may only (1) disclose such confidential information to its respective parties who need to know this confidential information for this purpose and have an obligation to keep confidentiality and not to abuse this information, employees, representatives and agents; (2) as required to comply with any order or subpoena of any administrative body or court of competent jurisdiction; (3) as reasonably needed to comply with any applicable law or regulation. The provisions of this section will supersede any confidentiality agreements signed by the parties before this agreement, which are intended to address the confidentiality of any information (including customer data) shared by the parties, and such agreements will no longer be valid or effective with respect to the foregoing. The receiving party acknowledges that the disclosure of confidential information will cause substantial damage, and mere damages are not sufficient remedy, therefore, after the receiving party discloses any such information

9. Service Guarantee

Service Guarantee. Voicein guarantees that the services, software or mobile applications will perform in all material respects according to the documentation. If the customer provides written claim notice within thirty (30) days after first becoming aware of a violation of the aforementioned guarantee, Voicein will make its best efforts to correct the services, software, or mobile applications to meet the aforementioned guarantee, and if Voicein is unable to make such corrections in a timely manner, the customer will be entitled to a refund of any unused fees pre-paid by the customer, based on their purchased applicable services, software or mobile applications.

10. Limitation of Liability

a. In accordance with applicable law, and notwithstanding anything to the contrary in this Agreement, under no circumstances will either party be liable for any special, incidental, indirect, or consequential damages (including but not limited to costs of downtime, loss of data, restoration costs, lost profits, or cost of insurance) whether such claims are based on contract, tort, warranty, or any other legal theory. 

b. Except for claims arising out of gross negligence, willful misconduct, fraud, data claims, or intellectual property claims, the aggregate liability of the parties and their affiliates, officers, employees, agents, suppliers, and licensors under this agreement shall not exceed the amount of fees received or payable to Voicein in the six months preceding the claim ("General Liability Cap").

c. For intellectual property claims and data claims, the total liability of Voicein and its affiliates to the customer and its affiliates for all such claims (any type of damage or liability) will not exceed twice (2X) the general liability cap.

d. Under no circumstances shall any party (or their respective affiliates) be liable for the same event according to both the general liability cap and the super liability. Also, the above limits will not be cumulative; if a party (and/or its affiliates) has one or more claims subject to each of the above caps, the aggregate maximum total liability for all claims in the aggregate will not exceed the applicable cap.

e. The parties agree that regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, Section 10 of this agreement will apply even if it is found that any limited remedy provided for in this agreement has failed of its essential purpose. The applicable amount limits specified in this section will apply to the sum of this agreement and any and all separate agreements, regardless of whether any individual customer affiliate has executed separate agreements.

11. Agreement Changes

Changes to this agreement: Voicein may update this agreement from time to time. Unless otherwise provided by Voicein, changes will take effect for the customer upon the renewal of the subscription term then in effect or upon entering into a new service order after the effective date of the updated version of this agreement. Voicein will make reasonable efforts to notify the customer of changes through the customer's account and email.