Terms of Service
Last Updated: January 23, 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and MCA Voice AI ("Company," "we," "us," or "our") concerning your access to and use of our website, platform, and AI voice services (collectively, the "Services").
By accessing or using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
Important: These Terms contain a mandatory arbitration provision that, with limited exceptions, requires disputes to be resolved through binding arbitration rather than in court.
Eligibility
You must meet the following requirements to use our Services:
- You are at least 18 years of age
- You have the legal capacity to enter into binding contracts
- You are not barred from using the Services under applicable law
- If representing a company, you have authority to bind that entity to these Terms
- You have not previously been suspended or removed from the Services
Account Registration and Security
Account Creation
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
Account Responsibilities
You are solely responsible for:
- All content and data uploaded to your account
- Ensuring your use complies with all applicable laws
- Maintaining adequate security measures
- Any charges incurred on your account
Description of Services
MCA Voice AI provides AI-powered voice agent services for lead qualification, including but not limited to:
- Automated voice calling and conversation management
- Lead qualification and data collection
- CRM integration capabilities
- Call recording and transcription services
- Analytics and reporting dashboards
- Customer support and technical assistance
Service Availability: We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time.
We may update, enhance, or modify the Services from time to time without prior notice. Such changes will not materially reduce the core functionality of the Services during your subscription period.
Subscription and Payment Terms
Subscription Plans
Our Services are offered through various subscription plans. By subscribing, you agree to pay all applicable fees according to the pricing and billing terms in effect at the time.
Billing and Payment
- Subscriptions are billed in advance on a recurring basis (monthly or annually)
- Payment is due immediately upon subscription or renewal
- We accept major credit cards and other payment methods as indicated
- You authorize us to charge your payment method automatically
- Failed payments may result in service suspension or termination
Price Changes
We may change our pricing at any time. Price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' notice of any price increases.
Refunds and Cancellation
Free Trial: We may offer a free trial period. You may cancel during the trial without charge. If you don't cancel, you'll be charged for the subscription.
Money-Back Guarantee: We offer a 30-day money-back guarantee for new customers. To request a refund, contact us within 30 days of your initial purchase.
Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. No refunds are provided for partial periods.
Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
Illegal Activities
Use the Services for any illegal purpose or to violate any laws
TCPA Violations
Make calls without proper consent or in violation of TCPA regulations
Harassment or Abuse
Use the Services to harass, abuse, threaten, or intimidate others
Spam or Unsolicited Communications
Send spam, chain letters, or unsolicited commercial communications
Fraud or Misrepresentation
Engage in fraudulent activities or misrepresent your identity
System Interference
Interfere with or disrupt the Services or servers
Reverse Engineering
Attempt to reverse engineer, decompile, or hack the Services
Resale or Transfer
Resell, sublicense, or transfer the Services without authorization
Violations: Any violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
Intellectual Property Rights
Our Rights
The Services and all content, features, and functionality are owned by MCA Voice AI and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your business purposes in accordance with these Terms.
Your Content
You retain all rights to any content you submit, upload, or provide through the Services ("Customer Content"). By providing Customer Content, you grant us a worldwide, royalty-free license to:
- Use, copy, and store Customer Content to provide the Services
- Create derivative works to improve our AI models
- Use aggregated, anonymized data for analytics and service improvement
Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant us an unrestricted, perpetual right to use such feedback without compensation or attribution.
Data Protection and Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
Data Security
We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
Data Retention
We retain call recordings, transcriptions, and related data in accordance with our Privacy Policy and applicable legal requirements. You may request deletion of your data subject to our retention obligations.
TCPA Compliance
You are solely responsible for ensuring your use of the Services complies with the Telephone Consumer Protection Act (TCPA) and all applicable telecommunications regulations. See our TCPA Compliance page for more information.
Warranties and Disclaimers
Your Warranties
You represent and warrant that:
- You have the right to use all Customer Content you provide
- Your use of the Services will comply with all applicable laws
- You have obtained all necessary consents for voice communications
- You will not infringe on any third-party rights
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to 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 completely secure.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCA VOICE AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.
Our total liability to you for all claims arising from or related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless MCA Voice AI, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your Customer Content or any content you provide
- Your violation of any third-party rights
- Any TCPA or telecommunications law violations
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Resolution
Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing the dispute to legal@mcavoiceai.com. We will attempt to resolve the dispute within 60 days.
Binding Arbitration
If we cannot resolve the dispute informally, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitration will be conducted in Dallas, Texas, unless otherwise agreed. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action, collective action, or representative proceeding.
Exceptions
Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Services.
Term and Termination
Term
These Terms remain in effect while you use the Services or maintain an account.
Termination by You
You may terminate your account at any time by contacting us or using the account settings. Termination takes effect at the end of your billing period.
Termination by Us
We may suspend or terminate your account immediately if:
- You violate these Terms or our Acceptable Use Policy
- Your payment fails or account is past due
- We are required to do so by law
- We cease offering the Services
- Your use poses a security risk or liability
Effect of Termination
Upon termination, your right to use the Services immediately ceases. We may delete your account and data after termination. Provisions that by their nature should survive termination shall survive, including ownership, warranties, indemnity, and limitations of liability.
General Provisions
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions.
Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes via email or through the Services. Your continued use of the Services after such notice constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and MCA Voice AI regarding the Services.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Force Majeure
We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, or service provider failures.
Contact Us
If you have questions about these Terms, please contact us:
Email:
legal@mcavoiceai.comPhone:
(716) 300-6607Mailing Address:
MCA Voice AI
5717 Legacy Drive
Plano, TX 75024
United States