1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you (and the organisation you represent) and Viyo (“Viyo”, “we”, “us”). If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation. If you do not agree to these Terms, do not use the Services.
2. The Services
Viyo provides a platform for building, deploying, and operating AI voice agents that place and receive phone calls, book appointments, capture information, run outbound campaigns, and report on calls. The Services include the website, dashboard, APIs, and related documentation.
3. Accounts and eligibility
- You must be at least 18 and able to form a binding contract.
- You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account.
- Notify us promptly of any unauthorised use of your account or any other security breach.
4. Plans, fees, and billing
- Usage pricing. Unless agreed otherwise in writing, use of the Services is billed at USD 0.08 per connected call minute, measured by talk time and billed monthly in arrears. Unanswered dials and ringing time are not billed.
- Telephony pass-through. Phone numbers and carrier charges are billed separately at cost and itemised on your invoice.
- Enterprise terms. Committed-use rates, invoicing, and payment terms may be set out in a separate order form or agreement, which controls to the extent it conflicts with this section.
- Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
- Late or failed payment. We may suspend the Services if an invoice is overdue after notice.
- Changes to pricing. We may change pricing with at least 30 days’ notice; changes take effect at the start of your next billing period.
- No refunds for minutes already used, except where required by law.
5. Free access and trials
We may offer a free tier or trial. It is provided “as is”, may have usage limits, and may be changed or discontinued at any time.
6. Your content and responsibilities
“Customer Content” means the configurations, prompts, knowledge-base materials, contact lists, call recordings, transcripts, and other data you provide or that your agents generate. You retain ownership of Customer Content. You are responsible for it and for how your agents are used, including ensuring that:
- You have the rights and permissions needed to upload and use Customer Content and to have Viyo process it.
- Your use of outbound calling complies with all applicable laws on telemarketing, automated dialing, call recording, consent, and do-not-call lists in every jurisdiction you call.
- Callers are given any legally required notice and disclosures, including that they are speaking with an automated system and that the call may be recorded, where applicable.
- Your agents do not provide regulated professional advice (such as medical, legal, or financial advice) unless you are authorised to do so and have configured the agent accordingly.
7. Acceptable use
You will not, and will not allow others to:
- Use the Services for fraud, scams, deceptive impersonation, harassment, or unlawful robocalling or spam.
- Upload malicious code, attempt to gain unauthorised access to the Services or related systems, or disrupt their integrity or performance.
- Reverse engineer, resell, or use the Services to build a competing product, except to the extent this restriction is prohibited by law.
- Collect or process sensitive data in violation of law, or use the Services in a way that infringes others’ rights.
We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or creates risk or legal exposure.
8. Intellectual property
Viyo and its licensors own all rights in the Services, including the platform, software, models we provide, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You grant Viyo a worldwide, non-exclusive licence to host, process, transmit, display, and modify Customer Content solely to provide and support the Services. We may use aggregated or de-identified data that does not identify you or any individual to operate and improve the Services.
9. Third-party services
The Services integrate with third-party products (such as calendars, CRMs, and telephony providers). Your use of those products is governed by their terms, and we are not responsible for them.
10. Confidentiality
Each party may receive non-public information from the other. The receiving party will use it only to exercise its rights and perform its obligations under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party.
11. Disclaimers
The Services are provided “as is” and “as available”. Viyo does not warrant that the Services will be uninterrupted or error-free, or that agent responses will be accurate, complete, or suitable for a particular purpose. AI-generated output may be wrong; you are responsible for reviewing and configuring your agents. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Viyo’s total liability arising out of or related to the Services will not exceed the greater of the amounts you paid to Viyo in the 12 months before the event giving rise to the claim, or USD 100.
13. Indemnification
You will defend and indemnify Viyo against third-party claims, damages, and costs arising from your Customer Content, your use of the Services, or your breach of these Terms or of applicable law, including telemarketing, consent, and recording laws.
14. Term, suspension, and termination
- These Terms apply while you have an account or use the Services.
- You may stop using the Services and close your account at any time.
- We may suspend or terminate access for non-payment, violation of these Terms, or risk to the Services or others, with notice where practicable.
- On termination, your right to use the Services ends. You may export Customer Content for a limited period, after which we may delete it. Sections that by their nature should survive (including fees owed, intellectual property, disclaimers, limitation of liability, and indemnification) survive termination.
15. Changes to the Services and these Terms
We may modify the Services over time. We may also update these Terms; if a change is material, we will provide notice by updating the “Last updated” date and, where appropriate, by other means. Continued use after an update means you accept the revised Terms.
16. Governing law and disputes
These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to its conflict-of-laws rules. The courts located in [VENUE] will have exclusive jurisdiction over disputes, except that either party may seek injunctive relief in any court of competent jurisdiction.
17. General
- Entire agreement. These Terms, together with any order form and our Privacy Policy, are the entire agreement between the parties on this subject.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is unenforceable, the rest remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of it.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
18. Contact
Questions about these Terms? Reach us through our contact page.