Terms and Conditions

These terms and conditions ("Terms") govern your use of vocalyy.ro and the Vocalyy service ("Service") provided by Vocalyy SRL ("Vocalyy", "we", "us"). By creating an account, placing an order or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. Definitions

• "Customer" — the legal entity or individual contracting the Service.
• "Agent" — the AI voice agent configured by Vocalyy on behalf of the Customer.
• "Caller" — the person who calls the Customer's number and interacts with the Agent.
• "Plan" — the chosen subscription tier (Starter, Professional, Premium or Enterprise).
• "Included minutes" — total monthly call minutes included in the Plan.

2. Service description

Vocalyy provides an AI voice agent service that answers the phone calls of the Customer's business. The Service includes initial Agent configuration by our team, hosting on the Vocalyy platform, calendar/CRM integrations (depending on the Plan), call processing, conversation recording and reporting.

3. Account creation and access

• To use the Service, the Customer must book a demo call, provide business details and enter into the contract by accepting these Terms.
• Vocalyy creates the Customer's account on the Agent management platform. The Customer receives unique credentials and must keep them confidential.
• The Customer is responsible for maintaining credential confidentiality and for all activities carried out through their account.

4. Subscription and pricing

• The Service is offered as a recurring monthly subscription. Available Plans and prices are shown on the Pricing page.
• Prices on the website include VAT (19%) where indicated. For B2B customers requesting a tax invoice, VAT is shown separately on the invoice.
• We may update prices for future billing cycles with at least 30 days' notice.
• Usage above included minutes is billed at the supplementary rate published on the site.

5. Payment, invoicing, VAT

• Payments are processed by Stripe Payments Europe Ltd. We accept major cards and SEPA transfer.
• Tax invoices compliant with Romanian law are issued after each successful payment by our invoicing partner (SmartBill, Oblio or equivalent) and emailed to the Customer within 24 hours.
• In case of payment failure, we reserve the right to suspend the Service after 7 calendar days from the due date, following prior notice.
• The Customer is responsible for the accuracy of the billing details provided.

6. 7-day money-back guarantee

If within the first 7 calendar days from subscription activation you are not satisfied with the Service, regardless of reason, contact us in writing at agent@vocalyy.ro and we refund the full amount paid for that month within 14 business days.

The guarantee applies once per Customer. After the 7 days, payments made are non-refundable, but you can cancel at any time (see section 7).

7. Cancellation and termination

• You can cancel the subscription at any time by emailing agent@vocalyy.ro or via your account dashboard, with effect at the end of the current billing period.
• After cancellation, the Service remains active until the end of the paid month. No pro-rata refunds are issued for the started month (except under the 7-day guarantee).
• Vocalyy may terminate the contract without notice in case of breach of the Terms (for example illegal use).
• On termination, Customer data is retained for 30 days for recovery, then permanently deleted (except data we are legally required to keep — invoices, 10 years).

8. Acceptable Use Policy (AUP)

This section details the behaviors prohibited when using Vocalyy. Breach of these rules results in immediate suspension of the Service without refund, and possible reporting to competent authorities.

8.1 Strictly prohibited uses

The Customer may NOT use the Service for:

Unsolicited communications and telemarketing

• Unsolicited marketing calls (cold calling) to consumers without prior explicit consent — violates Romanian OUG 13/2024, ePrivacy Directive 2002/58/EC and GDPR Art. 6
• Calls to numbers registered in the National Telemarketing Registry (RoboKill)
• Phone spam, unsolicited automated SMS messaging
• Robocalls without clear identification of the caller and purpose

Illegal content and behavior

• Activities that violate Romanian, European, or international laws
• Harassment, intimidation, defamation, threats
• Discrimination based on race, religion, gender, sexual orientation, disability
• Sexually explicit content, content targeting minors under 18
• Promotion of violence, extremism, terrorism

Fraud and deception

• Financial fraud, Ponzi schemes, scams
• Impersonation of another person, company, or authority
• Misleading callers about the identity or purpose of the business
• Voice phishing (vishing) or fraudulent data collection
• Selling counterfeit or illegal products

Non-compliant recording

• Disabling or bypassing the recording disclosure that Vocalyy provides automatically
• Using recordings for purposes other than those declared to customers
• Public distribution of recordings without consent of all parties

Security and technical abuse

• Reverse engineering, decompilation, attempts to access source code
• Unauthorized access attempts to accounts, databases, infrastructure
• DDoS attacks, vulnerability exploitation, malicious injections
• Excessive/abusive API use that disrupts the service
• Automated scraping of other users' data

Industries with special restrictions (requires addendum)

Using Vocalyy in the following industries is permitted only with a signed specific addendum:

• Medical / Healthcare (Art. 9 GDPR — sensitive data)
• Regulated financial services (banks, insurance, credit)
• Legal services (lawyers, notaries)
• Gambling and gaming
• Adult or pharmaceutical product procurement

AI compliance

• Using the agent as a decision-making tool with legal impact on callers (prohibited for high-risk without authorization)
• Creating agents that emotionally manipulate or use subliminal techniques
• Hiding the AI nature of the agent from callers (Vocalyy discloses this automatically at the start)
• Using for biometric categorization, social scoring, or facial/voice recognition

8.2 Technical limits

• Reasonable volumes: Use must remain within reasonable plan limits. Exceptional traffic peaks (over 10x daily average) may be temporarily rate-limited.
• No mass auto-dialer: Vocalyy is for inbound calls. Use for outbound mass calling requires prior approval.
• Phone numbers: Use only phone numbers provided or authorized by Vocalyy. Number spoofing is strictly prohibited.

8.3 Reporting abuse

If you observe violations of this policy (by other users or internally), report them to abuse@vocalyy.com.

8.4 Sanctions

Depending on severity:

• Warning: for minor first-time violations
• Temporary suspension: 24h-30 days, for investigation
• Immediate termination: for serious violations (fraud, spam, illegal)
• Authority notification: ANSPDCP, ANCOM, Police — for legal violations
• Damages recovery: Vocalyy may seek damages for use of the Service to the detriment of our reputation or other users

No refunds are issued for accounts suspended or terminated for AUP violations.

9. Intellectual property

• All rights to the Vocalyy platform, software, logo, website content and our technology belong to Vocalyy SRL.
• For the duration of the subscription, the Customer receives a non-exclusive, non-transferable licence to use the Service for their own business purposes.
• The customised content of the Agent (script, instructions, business-specific prompts) remains the Customer's property. Upon request, we provide a copy of this content at the end of the contract.

10. Customer data and confidentiality

• Personal data processing is described in the Privacy Policy.
• For Caller data (the Customer's end clients), the Customer is the controller and Vocalyy is the processor. The parties sign a Data Processing Agreement (DPA) as part of onboarding.
• Vocalyy maintains the confidentiality of Customer data. We do not share call content, Caller lists or the Customer's business strategies with third parties, except for the listed sub-processors and legal obligations.

11. Limitation of liability

• The Service is provided "as is". We make reasonable efforts to deliver it without errors but do not guarantee complete absence of defects or interruptions.
• To the extent permitted by law, the cumulative liability of Vocalyy SRL to the Customer for any claim related to the Service is limited to the amount paid by the Customer in the last 12 months.
• Vocalyy is not liable for indirect losses, lost profits, lost opportunities or data loss exceeding the cap above.
• This limitation does not apply in cases of gross negligence, direct intent or breach of mandatory legal obligations.

12. Availability and SLA

• For Starter and Professional plans, Vocalyy makes reasonable efforts to maintain 24/7 Service availability. There are no contractual SLAs.
• The Premium plan includes a 99.9% monthly availability SLA. In case of breach, Premium Customers are entitled to credit on the following month, per the amounts published in the Plan details.
• Scheduled maintenance is announced at least 48 hours in advance and, where possible, takes place outside peak hours.

13. Changes to the service and terms

• We may update the Service (features, technical limits). Material adverse changes are announced at least 30 days in advance.
• These Terms may be updated. We announce changes via email and/or on the site at least 30 days before they take effect. Continued use of the Service after that date constitutes acceptance.

14. Force majeure

Neither party is liable for delays or failures caused by events outside their reasonable control (natural disasters, war, massive cyber attacks, global cloud-provider outages, government decisions, etc.).

15. Governing law and disputes

• These Terms are governed by Romanian law.
• In the event of any dispute, the parties shall attempt to resolve it through direct negotiation within 30 days.
• If negotiation fails, disputes shall be resolved by the competent courts in Bucharest, Romania.
• Consumers (where applicable) have the right to alternative dispute resolution via the EU ODR platform: ec.europa.eu/consumers/odr.

16. Contact

Vocalyy SRL — agent@vocalyy.ro