Acceptance of Terms

Agreement Overview:

This Agreement outlines the terms and conditions under which VoxityAI Corp offers its special Santa AI call service, an interactive platform designed for parents or legal guardians to arrange personalized Santa calls for their children (referred to as the "Service"). This Service, tailored for a family-friendly holiday experience, is distinct from VoxityAI Corp's standard business offerings.

User Acceptance:

By accessing or using the Service, you, as a parent or legal guardian, signify your acceptance of this Agreement and agree to be bound by its terms. It is your responsibility to ensure you have the legal right to consent on behalf of the child participating in the Santa call.

Modifications to Terms:

VoxityAI Corp reserves the right to update, modify, or revise these terms at its discretion. Changes become effective immediately upon posting on the VoxityAI Corp website. Regular review of these terms is encouraged to stay informed of any updates. Continued use of the Service after changes are posted constitutes acceptance of the revised terms.

Special Consideration for Children:

VoxityAI Corp is committed to protecting the privacy and safety of children using our Service. The Service adheres to applicable laws and regulations regarding children's data privacy, including the Children's Online Privacy Protection Act (COPPA). By using this Service, you, as a parent or legal guardian, acknowledge and consent to the collection and use of information as outlined in our Privacy Policy, designed to comply with laws protecting children's privacy.

‍Use of Site and Content

‍As a user of the VoxityAI Corp Santa AI call service, you are granted a limited, non-transferable license to access and interact with our website content solely for the purpose of arranging personalized Santa calls for children. This permission encompasses viewing and utilizing the Site’s content within the bounds of lawful and intended use, as per this Agreement. You are not permitted to copy, reproduce, modify, or create derivative works from the Site's content without our explicit written consent. Additionally, any software or materials available for download from the Site are subject to their own specific license terms, which you must adhere to.

User Data License‍

The User grants VoxityAI Corp a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable license to use, copy, perform, reproduce, display, distribute, and create derivative works from any data provided by the User or made available in connection with their use of the Services. This license is for the limited purpose of enabling VoxityAI Corp to provide, improve, promote, and protect the Services and to develop new ones. This includes conducting research, usage analysis, and other internal business functions consistent with VoxityAI Corp's obligations under this Agreement.

Service Access

Service Access for Registered Users Only:

Access to the Santa AI call service provided by VoxityAI Corp is exclusively available to users who have successfully completed the registration process. This process involves agreeing to our Terms and Conditions and providing necessary user information. It's crucial to understand that only registered users — parents or legal guardians — can initiate calls to the AI Santa. Unregistered phone numbers are prohibited from accessing the service, ensuring a secure and personalized experience. By completing registration, you commit to following the outlined terms, which is integral for uninterrupted and enjoyable service use for both you and your children.

Product Status

Alpha Phase of Santa AI Call Service:

‍The user acknowledges and understands that the Santa AI call service provided by VoxityAI Corp is currently in its "Alpha" phase. This status has the following implications:

1. Potential Issues: Being in the alpha phase, the service may contain bugs, errors, or other issues that could lead to system failures or unintended consequences. VoxityAI Corp will make diligent efforts to address and rectify such issues promptly, but users should be aware of potential disruptions.

2. Incomplete Features: The service may not yet have the full feature set planned for its final version, and certain functionalities might be in development or absent.

3. Updates & Changes: As user feedback is integrated, the service is likely to undergo significant updates and changes. Users might need to adapt to these updates or changes as part of the ongoing development process.

4. Feedback Encouraged: User feedback is invaluable during the alpha phase. VoxityAI Corp welcomes proactive communication regarding any service issues or suggestions for improvement.

5. No Warranty: The alpha version of the service is provided "as is" without any warranty, either expressed or implied. VoxityAI Corp disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

6. Liability Limitation: Users agree that VoxityAI Corp will not be liable for any damages arising from or related to the use of the alpha service, including data loss or system downtime.‍

7. Continuation or Transition: Depending on the feedback and performance during the alpha stage, VoxityAI Corp may transition the service directly into a beta phase or full release.

AI Content Disclaimer: VoxityAI Corp does not guarantee that the AI will always interpret or respond accurately in all situations. Users acknowledge that the AI Santa might occasionally misinterpret data or generate unexpected responses, and VoxityAI Corp will not be held responsible for such AI misinterpretations or hallucinations.

‍Data Ownership and Use‍

Data Ownership and Usage Rights:

VoxityAI Corp collects and stores various types of data when users interact with the Santa AI call service, including usage statistics, technical data, and other relevant metrics. While this data is distinct from the personal information provided by users for the Santa calls, it remains the sole property of VoxityAI Corp. We reserve the right to use this aggregated and anonymized data for business and operational purposes, such as enhancing the service, conducting market analysis, and informing product development strategies. All such data usage will be conducted in strict adherence to VoxityAI Corp's Privacy Policy and applicable laws, ensuring the utmost respect for user privacy and data protection standards.

Call Recordings‍

Call Recording Policy:

All calls made through our Santa AI call service are recorded for quality assurance and compliance purposes, contributing to the enhancement of the service experience. By registering for and using this service, users give their consent to these recordings. Please note that opting out of call recording is not an option with this service; if a user does not wish to have a call recorded, we advise against initiating the call. Additionally, users may request a copy of their specific call recording audio, for which a fee will be charged as per our data recovery policies. Requests for deletion of call recordings can also be made, aligning with our commitment to user privacy and data management.

‍Termination

Conclusion of Alpha Phase

Alpha Phase Termination: VoxityAI Corp reserves the right to conclude the alpha phase of the Santa AI call service at its discretion. Users will be notified with a written notice if such a decision is made, and the service may be temporarily unavailable until it transitions to the next development phase or an official release.

System Cancellations

Immediate Cancellation by Either Party: Both VoxityAI Corp and the user have the right to terminate the system at any time. Termination initiated by either party will be effective immediately, and no further services will be provided following this decision.

User ’s Right to Termine

User-Initiated Termination: Users can terminate their use of the Santa AI call service at any point. To terminate, users should email the support contact with a request to end the service. Termination will take effect immediately upon receipt and processing of the email.

Unacceptable Conduct‍

Grounds for Immediate Termination: Should a user, or any of their representatives, engage in threatening, harassing, abusive, or derogatory conduct towards VoxityAI Corp team members, immediate termination of the service will occur. This behavior is considered a serious breach of the Agreement.

Immediate Effectiveness for Cause

Termination Without Notice: Termination due to unacceptable conduct will be immediate and without prior notice. VoxityAI Corp retains all rights to pursue legal remedies for any breach of contract.

Maintenance and Updates

Routine Maintenance‍

Scheduled System Maintenance: To ensure optimal performance of the Santa AI call service, routine maintenance activities will be conducted periodically. During these times, some service functionalities may be temporarily unavailable. We appreciate users' understanding and patience during these essential maintenance periods.

Major Updates

Notification of Significant Changes: In the event of major updates or significant changes to the service, VoxityAI Corp will provide users with at least 7 days' advance notice. This communication is intended to ensure that users have ample time to prepare for and adapt to any required adjustments in the service.

‍Confidentiality Agreement

In the course of using the Santa AI call service, both VoxityAI Corp (the "Disclosing Party") and the user (the "Receiving Party") may exchange confidential information. The Receiving Party agrees to maintain the confidentiality of this information and to use it solely for the purposes necessary to fulfill their obligations under this Agreement. This includes not disclosing the information to third parties without the Disclosing Party’s express prior written consent, except as required by law or necessary for employees, contractors, advisors, or affiliates who need to know such information for performing under this Agreement and who are bound by similar confidentiality obligations.

‍Third-Party Interactions and Content‍

In providing the Santa AI call service, VoxityAI Corp may include links to or integrations with third-party applications, websites, and services ("Third-Party Services"), as well as display content from third parties. VoxityAI Corp does not endorse, nor is it responsible for, the content, functionality, or practices of these Third-Party Services. Users engage with these Third-Party Services and content at their own risk, and such interactions are governed by the terms and privacy policies of the respective third parties. Users agree to indemnify and hold VoxityAI Corp harmless against any claims, damages, or liabilities arising from their use of Third-Party Services or interactions with third-party content.

Governing Law

Applicable Law and Jurisdiction:

This Agreement and any actions related to the use of the Santa AI call service provided by VoxityAI Corp shall be governed by and construed in accordance with the laws of the State of Delaware, USA, excluding its conflict of law principles. This choice of law applies to all matters arising from or relating to the use of the Services, regardless of the geographical location of the user. Any disputes or legal proceedings arising from this Agreement or the use of the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, USA

‍Indemnification‍

Users of the Santa AI call service agree to indemnify, defend, and hold harmless VoxityAI Corp, its affiliates, officers, agents, employees, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or in any way related to their use of the service. This includes, but is not limited to, the user's violation of this Agreement, unauthorized use of the Services, or any violation of the rights of a third party. The indemnification obligation will survive the termination or expiration of this Agreement and the user's use of the Services.

Warranty‍

VoxityAI Corp provides the Santa AI call service on an "as is" and "as available" basis, offering no warranties of any kind, either express or implied. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure, error-free, or that the data and content provided through the service will be accurate or reliable. The entire risk arising out of the use and performance of the service rests with the user.

Limitations of Liability‍

In no event will VoxityAI Corp, its directors, employees, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses. This applies to damages resulting from (i) the use of or inability to use the Santa AI call service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content. This limitation applies regardless of whether the damages arise from contract, tort (including negligence), or any other legal theory, and even if VoxityAI Corp has been informed of the possibility of such damage.

Specific Disclaimers:

• AI Misinterpretations and Hallucinations: VoxityAI Corp does not guarantee that the AI will always interpret or respond accurately in all situations. Users acknowledge that the AI may occasionally misinterpret data or generate unexpected responses. VoxityAI Corp will not be held responsible for any such AI misinterpretations or hallucinations.

• Maximum Liability: Despite any other provision in this Agreement, VoxityAI Corp's maximum aggregate liability to the user, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the user in the last billing cycle preceding the event giving rise to the claim.

Exclusions:

Exclusions: This limitation of liability does not apply to any indemnification obligations herein or to liability for death or personal injury caused by negligence, nor to any other liability that cannot be excluded by law.

Compliance With Laws‍

The Subscriber agrees to use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to those relating to data privacy, international communications, and the transmission of technical or personal data. This includes compliance with all applicable U.S. export laws and regulations regarding the transmission of technical data exported from the United States or the country in which the Subscriber resides.

Geographic Restrictions‍

The Santa AI call service provided by VoxityAI Corp is specifically intended for access and use by individuals located within the United States. Users agree not to use or attempt to use the service from outside this geographical area, nor for the processing, transmission, or storage of data concerning individuals located outside the United States. This includes, but is not limited to, data subjects in the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or Switzerland. Any violation of this geographic restriction may result in immediate termination of the service and potential legal action.

Severability and Survival‍

If any part of this Agreement is found to be invalid or unenforceable, that part will be modified to reflect the parties' intention or severed if necessary, while the remaining provisions of this Agreement will continue in full force and effect. The aspects of this Agreement that are meant to survive termination, due to their nature, including but not limited to obligations related to confidentiality, indemnification, and limitations of liability, will remain in effect after any termination or expiration of this Agreement.

‍No Waiver‍

The failure or delay by VoxityAI Corp in exercising any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Force Majeure‍

Neither VoxityAI Corp nor the user shall be held liable for any failure to perform their respective obligations under this Agreement when such failure is due to events beyond their reasonable control. This includes, but is not limited to, mechanical, electronic, or communications failures or degradation, known as "line-noise" interference, as well as external factors like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In such circumstances, the affected party’s performance shall be excused and delayed for the duration of such events, ensuring fairness and understanding in these exceptional situations.

Assignment‍

VoxityAI Corp reserves the right to assign, transfer, or delegate any of its rights and obligations under this Agreement without obtaining consent from users. However, users may not assign, transfer, or delegate any of their rights or obligations under this Agreement without the prior written consent of VoxityAI Corp. Such consent may be withheld at VoxityAI Corp’s sole discretion. This ensures that the management and control of the service remain consistent and aligned with VoxityAI Corp’s standards and policies.