Terms of Service

Last Updated: January 2025

Welcome to VoxSafe. By using our application and services, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By accessing or using the VoxSafe mobile application, you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

2. Description of Service

VoxSafe provides preemptive AI-powered call screening and scam detection services designed to protect users from phone scams and fraudulent calls before they share sensitive information. Our service includes:

  • Call screening and forwarding of incoming calls from unknown numbers
  • Real-time call transcription during active calls
  • AI-powered scam detection and analysis using Google Gemini
  • Push notifications to alert you of potential scam calls in real-time
  • Voicemail recording and storage via Twilio
  • Phone number verification via SMS using Twilio Verify
  • Call history and analytics dashboard
  • Contact synchronization (phone numbers are hashed for privacy)
  • Care Interface allowing Trusted Contacts to monitor calls of Protected Phones

3. User Obligations

You agree to:

  • Provide accurate and complete information when setting up your account
  • Maintain the security of your account credentials
  • Use the service in compliance with all applicable laws and regulations
  • Not use the service for any illegal or unauthorized purposes
  • Not interfere with or disrupt the service or servers

4. Privacy and Data Collection

VoxSafe collects and processes call data to provide scam detection services. We are committed to protecting your privacy:

  • We screen calls from unknown numbers; calls from your saved contacts bypass screening
  • Call transcripts are encrypted using AES-256-GCM encryption with Google Cloud Key Management Service
  • Call transcripts are sent to Google Gemini AI for scam analysis
  • We collect phone numbers, call metadata, voicemail recordings, and push notification tokens
  • Contact phone numbers are hashed (SHA-256) before storage for privacy
  • We use Firebase/Google Cloud for data storage and Twilio for call handling and recording
  • For detailed information, please review our Privacy Policy

5. Service Limitations and Disclaimers

While VoxSafe uses advanced AI technology to detect scams, no system is 100% accurate. You acknowledge that:

  • VoxSafe may not detect all scam attempts
  • False positives may occur where legitimate calls are flagged
  • The service is intended as a protective tool, not a guarantee against fraud
  • AI analysis accuracy depends on call quality, transcription quality, and the nature of the conversation
  • The service is provided on a best-effort basis for fraud prevention
  • VoxSafe is not a legal service, financial advice service, or professional monitoring service
  • Users should remain vigilant and use their own judgment
  • Transcription accuracy may vary based on audio quality, accents, and background noise

6. Disclaimer of Warranties

VoxSafe is provided "as is" without warranties of any kind, either express or implied. We do not guarantee that the service will be uninterrupted, error-free, or completely secure.

7. Limitation of Liability

To the maximum extent permitted by law, VoxSafe and its developers shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the service, including but not limited to financial losses from undetected scams.

8. Third-Party Services

VoxSafe integrates with the following third-party services to provide our functionality:

  • Twilio: For call routing, phone verification (SMS), voicemail recording, and call handling. Subject to Twilio's Terms of Service.
  • Google Gemini AI: For analyzing call transcripts to detect potential scams. Call transcript data is sent to Google for analysis.
  • Firebase/Google Cloud: For user authentication, data storage (Firestore), encryption key management (Cloud KMS), and push notifications (Firebase Cloud Messaging).
  • Clerk: For user authentication and account management services.

Your use of VoxSafe is subject to the terms and conditions of these third-party service providers. We are not responsible for the actions, policies, or services of these third parties.

9. Care Interface Features

VoxSafe offers Care Interface features that allow Trusted Contacts to monitor the calls of Protected Phones:

  • Trusted Contact relationships must be initiated by both parties (Protected Phone generates code, Trusted Contact validates it)
  • Trusted Contacts can view call history, scam analysis results, and voicemails for Protected Phones
  • Either party can disconnect the relationship at any time
  • This feature is intended for family support and elder care, not professional monitoring or medical care
  • VoxSafe is not a substitute for professional caregiving, medical services, or emergency response
  • For emergencies, always contact local emergency services (911 in the US)

10. Call Recording, Transcription, and Consent

IMPORTANT NOTICE: VoxSafe automatically informs incoming callers that calls are being recorded and analyzed for fraud prevention purposes. This disclosure is played before the call is connected to you.

By using VoxSafe, you acknowledge and agree to the following:

a) Automated Call Disclosure

  • VoxSafe automatically plays a disclosure to all incoming callers before connecting them
  • The disclosure informs callers that the call will be recorded and transcribed for fraud prevention
  • Callers who continue the call after hearing the disclosure provide implied consent to recording
  • You cannot disable this disclosure while using the service
  • Some callers may hang up upon hearing the disclosure, which may affect your call answer rates

b) Two-Party Consent States

  • California, Florida, Pennsylvania, and other states require all parties to consent to call recording
  • In these jurisdictions, our automated disclosure generally provides sufficient notice, and continued participation constitutes implied consent under most case law
  • However, you are responsible for ensuring compliance with your specific state and local laws
  • We strongly recommend adding a voicemail greeting that also mentions call monitoring and recording
  • Example: "You've reached [name]. Calls to this number are monitored and recorded for fraud prevention. Please leave a message after the beep."

c) One-Party Consent States

  • In most U.S. states, only one party (you) needs to consent to call recording
  • The automated disclosure exceeds legal requirements in these jurisdictions
  • You remain responsible for understanding which laws apply to your location

d) International and Cross-Border Calls

  • If you receive calls from outside the United States, additional privacy laws may apply (including GDPR)
  • The automated disclosure may not satisfy all international legal requirements
  • You are responsible for compliance with laws in both your jurisdiction and the caller's jurisdiction
  • Consider consulting legal counsel if you regularly receive international calls

e) Your Responsibilities

  • Ensure you are legally permitted to use call recording services in your jurisdiction
  • Do not use the service if prohibited by applicable law
  • Set up an appropriate voicemail greeting mentioning call monitoring and recording
  • Do not attempt to circumvent or disable the automated recording disclosure
  • Understand that you bear responsibility for lawful use of the service

f) Electronic Communication Interception

VoxSafe operates by routing calls through our infrastructure (Twilio) to enable real-time transcription and AI analysis. This constitutes interception and monitoring of electronic communications. By using VoxSafe, you explicitly consent to:

  • Interception of all calls routed through the service
  • Real-time transcription of call audio from both parties
  • Automated AI analysis of call content by Google Gemini
  • Storage of encrypted call transcripts in Google Cloud Firestore
  • Processing of call data as described in our Privacy Policy

LIMITATION OF LIABILITY: While VoxSafe provides automated disclosure to callers, you acknowledge that recording laws are complex and vary by jurisdiction. VoxSafe is not liable for any violations of call recording laws resulting from your use of the service. You use this service at your own legal risk and are responsible for ensuring compliance with all applicable laws.

11. Prohibited Uses

You agree not to use VoxSafe for:

  • Recording calls without proper consent where required by law
  • Monitoring or surveilling others without their knowledge or authorization
  • Harassment, stalking, or any form of abuse
  • Any illegal activities or purposes
  • Interfering with the service or accessing it through unauthorized means
  • Attempting to reverse engineer, decompile, or extract source code from the service

12. Indemnification

You agree to indemnify, defend, and hold harmless VoxSafe, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

  • Your use or misuse of the VoxSafe service
  • Your violation of these Terms of Service
  • Your violation of any applicable law, regulation, or ordinance, including but not limited to call recording laws, wiretapping laws, privacy laws, or telecommunications regulations
  • Your violation of any rights of any third party, including privacy rights, publicity rights, or intellectual property rights
  • Your failure to obtain required consent for call recording, monitoring, or interception from any party to a call
  • Any claim that your use of the service caused harm, injury, or damages to a third party
  • Any dispute between you and any third party arising from calls processed through the service
  • Your failure to comply with GDPR, CCPA, biometric privacy laws, or other data protection regulations applicable to your use of the service

This indemnification obligation will survive the termination of your account and your use of the service. VoxSafe reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

13. Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason. Reasons for termination may include, but are not limited to:

  • Violation of these Terms of Service
  • Illegal use of the service, including violations of call recording or wiretapping laws
  • Use of the service for harassment, stalking, or abuse
  • Failure to pay fees (if applicable in the future)
  • Extended periods of inactivity
  • Requests from law enforcement or government agencies
  • Technical or security concerns

Upon termination, your right to use the service will immediately cease. We may, but are not obligated to, delete your data after a reasonable period following termination. You are responsible for exporting any data you wish to retain before termination.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a) Informal Dispute Resolution

Before filing any formal claim, you agree to first contact us at legal@voxsafe.com to attempt to resolve the dispute informally. Provide a brief written description of the dispute and your contact information. We will attempt to resolve the dispute informally within 60 days. If we cannot resolve the dispute within 60 days, either party may proceed with formal dispute resolution.

b) Binding Arbitration

If informal resolution fails, you and VoxSafe agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of the service shall be resolved exclusively through binding arbitration, rather than in court, except as provided below.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be conducted by a single arbitrator.

c) Class Action Waiver

YOU AND VOXSAFE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and VoxSafe agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

d) Exceptions to Arbitration

Either party may bring a lawsuit in court in the following limited circumstances:

  • To seek injunctive relief to protect intellectual property rights
  • Small claims court actions if the claim qualifies for small claims court in your jurisdiction
  • To seek emergency equitable relief to prevent irreparable harm

e) Arbitration Procedure and Costs

  • Arbitration will be conducted in the county where you reside or another mutually agreed location
  • Each party will bear their own costs and attorneys' fees unless otherwise required by applicable law or awarded by the arbitrator
  • If you demonstrate that the costs of arbitration would be prohibitive compared to court costs, VoxSafe may pay as much of the arbitration filing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive
  • The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction

f) Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to legal@voxsafe.com within 30 days of first accepting these Terms of Service. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms of this agreement still apply, but disputes will be resolved in court rather than through arbitration.

15. Force Majeure

VoxSafe shall not be liable for any failure or delay in performance of the service due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, earthquakes, floods, fires, storms, or severe weather
  • War, terrorism, riots, civil unrest, or acts of government or military authorities
  • Pandemics, epidemics, or public health emergencies
  • Labor disputes, strikes, or work stoppages
  • Failures or disruptions of the Internet, telecommunications networks, or power grids
  • Failures or outages of third-party service providers, including Twilio, Google Cloud, Firebase, or Google Gemini AI
  • Cyberattacks, hacking attempts, denial of service attacks, or other security incidents beyond our control
  • Government orders, embargoes, or regulatory changes that prevent service operation

During any period of force majeure, VoxSafe's obligations under these Terms will be suspended to the extent affected by the force majeure event. We will make reasonable efforts to resume normal service as soon as practicable.

16. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes via the app or email. Your continued use of VoxSafe after changes are posted constitutes acceptance of the modified terms.

If you do not agree to the modified terms, you must stop using the service and may request account deletion. Material changes will be effective 30 days after notification, except changes required by law which may be effective immediately.

17. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

Subject to the arbitration provisions in Section 14, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New Castle County, Delaware, and you consent to personal jurisdiction in such courts.

18. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

In particular, if the class action waiver in Section 14(c) is found to be unenforceable, the entire arbitration agreement in Section 14 shall be deemed null and void, and disputes shall be resolved in court as specified in Section 17.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and VoxSafe regarding your use of the service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the service.

20. Assignment

You may not assign or transfer these Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service and our rights hereunder, in whole or in part, to any party at any time without notice or your consent.

Any purported assignment by you in violation of this section shall be void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

21. Contact Information

If you have any questions about these Terms of Service, please contact us:

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