Voigo Communications LLC. Terms of Service
Voigo Communications LLC – Terms of Service
Updated May 17, 2026
Terms of Service:
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Voigo Communications LLC (“Voigo”, “we,” “us” or “our”), a New York corporation, concerning your access to and use of Voigo products and services (collectively, the “Services”). By using Voigo Services, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING VOIGO SERVICES, VOIGO PORTALS OR VOIGO SOFTWARE, COLLECTIVELY (“Services”).
Supplemental terms and conditions or documents that may be posted on the Voigo website (www.voigotel.com) from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.
The information provided with any Voigo Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
A. Term of Agreement:
The Term of this Agreement will commence on your In-Service Date and continue until the last Extension or Service Plan is terminated or expires, unless terminated earlier in accordance with its terms.
B. Services Term and Automatic Renewal
Most Voigo Service Plans are month-to-month. Service Term will start on your In-Service Date of your initial order and continue for the term set in the original order (“initial term”). At the end of the initial month, your services will automatically renew for successive periods of the same length as the Initial Term (each a “Renewal Term”) unless the Customer gives notice of non-renewal at least thirty (30) days before the expiration of the Initial Term or the then-current Renewal Term. Any products or services added during the initial or renewal term will be billed at a prorated rate so that your billing and renewal date remains the same.
A. Invoices:
Voigo invoices will be generated monthly based on the customer's in-service date. Recurring Products and Services are billed monthly in advance, while usage charges are charged the following month. Invoices will be sent via email only. Paper invoices are available upon request. All invoices include products, services fee, and all applicable taxes. All invoice must be paid in full by the due date.
In accordance with tax law, Product and Services are to be billed separated by customer's endpoint location. Endpoint locations are any addresses where voip equipment, including but not limited to; sip phones, sip devices, or ATA devices may reside. This provides accurate tax calculations per invoice. Your invoice will reflect this. Customers will only be invoiced one (1) invoice per account.
All rates, fees, and charges are exclusive of applicable Taxes, for which Customer is solely responsible. Taxes may vary based on jurisdiction and the Services provided. Taxes, access fees, universal service or other recovery fees, or similar charges will be adjusted on the date in which those increases become effective as mandated by competent authority. Customer's who are tax exempt must present applicable tax exempt certificates and will only be applied to invoices once it has been received by and filed with Voigo.
Unless otherwise stated at the time of purchase or on the billing statement, payment is due in full, without deduction or set-off, within thirty (30) days of the date on the billing statement. Any payment not made when due may be subject to the customer being denied outbound or inbound calling or both. Voigo's limiting a customer's Services due to lack of payment will not waive, limit, or prejudice in any way Voigo's rights to collect any amount due. Voigo may terminate the Services and this Agreement for non-payment if any fees or charges are not paid within thirty (30) days of the due date.
B. Payments:
We accept the following forms of payment: All major credit cards, debit cards from US banks, ACH, and business and personal checks. Customers are required to make payments in US funds.
Customer's may provide credit card or ACH information and may opt-in to Voigo's auto-payment service. By opting-in to this service, Customer is expressly authorizing all Services and equipment charges and fees to be charged to such payment option. Voigo does not store any credit card or ACH account information, we have outsourced the storage of this information at a PCI compliant merchant.
Credit, debit card and ACH payments are subject to the approval of the issuer, and Voigo will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. Customer is responsible for any credit card chargeback, insufficient funds fees or similar fees for refused or rejected payments that Voigo is entitled to charge under this Agreement. If the payment card associated with Customer's Account is declined or fails for any reason, Voigo will send Customer a notice using the contact information associated with Customer's Account. Voigo may continue to attempt charging Customer's payment card for outstanding charges and additional fees along with any other rights and remedies available to Voigo under this Agreement, at law or in equity.
C. Rate Changes:
Voigo reserves the right to change usage or call rates at any time without notice, including but not limited to: international call rates, taxes, fees or Service charges. All price and/or rate changes will take effect in the next billing cycle.
D. Billing Disputes:
If a Customer reasonably and in good faith disputes any portion of Voigo's charges, it must provide written notice to Voigo within thirty (30) days of the billing date, identifying the reason for the dispute and the amount being disputed. Customer's dispute as to any portion of the billing statement will not excuse Customer's obligation to timely pay the undisputed portion of the billing statement.
A. General Terms:
Voigo will provide the Hosted Voice Services including but not limited to: “Hosted PBX Voice”, ”Conference Services”, “E-Fax Services”, “Business SMS Services”, Integrated CRM Services”, and “SIP-Trunking Services”. Voigo may enhance, replace, and/or change the features of these Services, but it will not materially reduce the core features, functions, or security of the Services during the Term without Customer's consent.
B. Customer Service:
At commencement of your Services, Voigo will provide training via telephone or web-conference. Voigo does not provide on-site training unless requested.
Voigo will make available live customer support via telephone (normal business hours) and a ticketing system (24/7) to resolve technical issues or to complete customer change requests.
C. Installation:
Voigo ships all phones and devices completely configured, as such customers can perform installation easily by connecting devices to their network. Voigo installation support is available by phone. On-Site installation is available at the customer's request.
Voigo may provide any of the Services hereunder through any of its Affiliates or subcontractors, provided that Voigo will bear the same degree of responsibility for acts and omissions for those subcontractors acting on Voigo behalf in the performance of its obligations under this Agreement as it would bear if such acts and omissions were performed by Voigo directly.
D. Device Provisioning:
Customers may purchase phones and/or devices through Voigo or outside vendors, as well as have existing devices. In such circumstances, Customers, end-users or agents will have no access to the configuration of any device or phone while it is connected and provisioned to the Voigo Voice Network. These restrictions ensure phones and devices cannot be tampered with or misconfigured by Customer end-users or agents. If the Customer terminates Services, and is in good standing with their respective accounts, Voigo will remove its configuration and the devices can be reconfigured by the Customer or agents of the Customer.
E. Platform Redundancy:
Voigo will maintain, within its Voice Network and customer portal infrastructure, redundancy for all critical voice, messaging, CRM, AI, and application servers operating within the Voigo Hosted Cloud environment. This includes systems supporting Hosted PBX services, SMS/MMS messaging, customer portal access, CRM functionality, conferencing, call records, AI-powered features, and related communication applications. Such redundancy is designed to provide Customers with the highest practical level of service availability, continuity, and resiliency across all Services contained within this Agreement. Voigo will make commercially reasonable efforts to notify Customers of any planned maintenance, upgrades, or service-impacting activities, and such maintenance shall be scheduled during periods where Customer activity is anticipated to be at the lowest practical levels.
F. Free Phones:
Voigo may, from time to time, provide promotional, discounted, leased, loaned, or “free” phones, devices, adapters, accessories, or other equipment (“Voigo Equipment”) in connection with certain service plans or agreements. Unless expressly stated otherwise in writing, all such Voigo quipment remains the sole property of Voigo at all times.
Customer may use Voigo Equipment solely in connection with the authorized Services during the active term of the applicable service agreement. Customer agrees to maintain all Voigo Equipment in reasonable working condition, excluding normal wear and tear, and shall not sell, transfer, modify, tamper with, encumber, or permit unauthorized use of such equipment.
Upon termination, cancellation, suspension, non-payment, or expiration of Services, Customer shall return all Voigo Equipment to Voigo within thirty (30) days unless otherwise instructed by Voigo in writing. Customer may be responsible for reasonable charges associated with any Voigo Equipment that is not returned, is returned materially damaged beyond normal wear and tear, is lost, stolen, altered, tampered with, or otherwise rendered unusable. In determining any such charges, Voigo may consider factors including the age of the equipment, expected useful life, depreciation, condition, replacement availability, and the duration of Customer's active service relationship.
Customer shall be responsible for the fair market value, replacement cost, repair cost, shipping charges, recovery costs, and any related fees for any Voigo Equipment that is not returned, is returned damaged beyond normal wear and tear, is lost, altered, stolen, tampered with, or otherwise rendered unusable.
Voigo reserves the right to invoice Customer for any unreturned or damaged equipment, and Customer authorizes Voigo to charge any payment method on file for such amounts to the extent permitted by applicable law and the terms of this Agreement. See also "Termination" Section 4.(b) for more information.
3. Use of Service:
4. Termination:
A. Termination for Cause:
Either Party may terminate this Agreement and any Services purchased hereunder in whole or part by giving written notice to the other Party if the other Party: i) breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receipt of such notice; ii) at the written recommendation of a government or regulatory agency following a change in either applicable Law or the Services; or iii) upon the commencement by or against the other Party of insolvency, receivership or bankruptcy proceedings or any other proceedings or an assignment for the benefit of creditors.
B. Termination Effects:
If the Customer terminates its account, in whole or in part, as a result of Voigo material breach of this Agreement, the customer will not be liable for any fees or charges for any period subsequent to such termination. Voigo may agree to submit a prorated refund for any unused portion of the current paid term in accordance with this Agreement.
If the Customer terminates its account for any other reason than a Voigo material breach of this Agreement, Customer will agree to pay any outstanding balance within thirty (30) days of termination in accordance with any applicable law.
Customer shall immediately relinquish and discontinue use of all Phone Numbers, including facsimile and toll free numbers, voice mail boxes, logins, and access to Systems assigned to Customer by Voigo.
Additionally, Customers who have received any device as part of Voigo's Free Phone Product, must return any and all devices to Voigo within thirty (30) days of termination. Any Customer who purchased devices from Voigo, and in which those devices are still under Voigo's Provisioning Control, will be factory reset and released to the Customer.
5. Intellectual Property:
A. Limited License:
Voigo grants to Customer and its End Users, a limited, revocable, non-exclusive license to use any software made available to be used in conjunction with the Services “(Software”) contained herein, subject to and conditional upon Customer's compliance with this Agreement, only for the duration the Customer is entitled to use the Services and subject to the Customer being current on its payment obligations.
Customer further agrees that it will not, and will not allow its End Users to:
i. Distribute, resell or assign rights under this Agreement to other person or entity
ii. Create competing software or services.
iii. Remove copyrights from any proprietary or confidential material.
iv. Modify or create works of any Software or Systems or any associated printed materials
v. Disassemble, decompile or otherwise attempt to obtain the source code for any Software or Services
B. IP Rights
i. Voigo's Rights:
Except for what is expressly provided in the Agreement under this section, (A. Limited License) – the Agreement does not convey any ownership or rights, expressed or implied, in the Services, related Software or any other Intellectual Property. Voigo' Services and Software may be comprised or has elements of third-party development components. The Customer acknowledges misuse of Voigo Software and Services may violate third-party rights.
ii. Customer Rights:
Customer retains title to all Intellectual Property Rights that are owned by the Customer or its suppliers. Customer must provide all required notices and obtaining all authorizations or other approvals related to the use, reproduction, transmission, of any Customer Content that includes personal or Confidential Information.
C. Use of Marks:
Neither Voigo or the Customer may display the others, logos, trademarks in any way without such party's prior written consent.
6. Customer Information and Protection:
A. Information sharing:
Voigo may share information within our family of companies. You can limit our sharing of certain types of customer information, known as Customer Proprietary Network Information, for marketing services different from the ones you have. Except as explained in our Privacy Policy, in privacy policies for specific services, or in agreements with our customers, Voigo does not sell, license or share information that individually identifies our customers with others outside of Voigo who are not doing work on Voigo‘s behalf without your consent. We may share information with our vendors and partners for business purposes and when necessary for them to perform work on our behalf. Voigo may also share certain non-personal identifiable information with outside companies, for example, to assist with the delivery of advertising campaigns, provide aggregate business and marketing insights, or share de-identified information.
B. Data Security
Voigo takes security seriously and will implement commercially reasonable administrative, technical, and physical safeguards designed to help protect Customer Accounts, Account Data, Customer Content, communications, CRM records, messaging data, and related platform information against unauthorized access, disclosure, alteration, misuse, or destruction. Such safeguards may include, without limitation, firewalls, encryption technologies, access controls, authentication systems, network monitoring, and other industry-standard security practices reasonably appropriate for the Services provided.
Customer is responsible for implementing and maintaining industry-standard security measures for all devices, endpoints, networks, applications, credentials, and systems connected to or used in connection with the Services. Customer is solely responsible for maintaining the confidentiality and security of all usernames, passwords, authentication credentials, API keys, devices, and account access methods associated with the Customer Account.
Customer shall monitor usage of the Services for unauthorized, unlawful, fraudulent, abusive, or suspicious activity and must promptly notify Voigo if Customer becomes aware of, suspects, or has reason to believe that the Services, Customer Account, portal access, messaging services, CRM systems, AI features, or related applications are being accessed or used without authorization.
C. Software Changes:
Voigo may, from time to time, deploy, install, require, or make available software updates, firmware updates, patches, configuration changes, security fixes, application upgrades, or platform modifications relating to the Services, including without limitation phones, devices, mobile applications, desktop applications, portal software, integrations, APIs, CRM functionality, messaging services, AI-related features, and other supported systems. Customer shall not intentionally interfere with, block, disable, or prevent such updates where required for security, compatibility, compliance, or operational purposes.
Customer is responsible for promptly implementing or permitting implementation of all required fixes, updates, upgrades, replacements, patches, and third-party software modifications provided or recommended by Voigo. Voigo shall not be responsible or liable for any degradation, interruption, incompatibility, security incident, unsupported functionality, or failure of the Services resulting from Customer's failure or refusal to timely implement required updates or maintain supported software, hardware, operating systems, devices, or configurations.
7. Limitation of Liability:
A. Excluded Damages:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR REPUTATIONAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF SAVINGS, LOSS OF USE, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES, SOFTWARE, PLATFORM, COMMUNICATIONS, CRM FEATURES, AI FEATURES, MESSAGING SERVICES, APIs, PORTAL ACCESS, OR THIS AGREEMENT, WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY OF LIABILITY, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER PARTY SHALL BE LIABLE FOR ANY ACTION OR OMISSION REASONABLY TAKEN IN ORDER TO COMPLY WITH APPLICABLE LAW, REGULATION, COURT ORDER, CARRIER REQUIREMENT, GOVERNMENTAL REQUEST, EMERGENCY REQUEST, OR INDUSTRY OBLIGATION.
B. Direct Damages:
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TOTAL AGGREGATE AND CUMULATIVE LIABILITY OF EITHER PARTY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO VOIGO UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO:
i) CUSTOMER'S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT;
ii) EITHER PARTY'S LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS;
iii) LIABILITY ARISING FROM GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR CRIMINAL MISCONDUCT;
iv) CUSTOMER'S USE OF THE SERVICES IN VIOLATION OF THE ACCEPTABLE USE POLICY, MESSAGING POLICIES, EMERGENCY SERVICES POLICY, OR APPLICABLE LAW;
v) CUSTOMER'S UNAUTHORIZED, FRAUDULENT, OR UNLAWFUL USE OF THE SERVICES.
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
C. Survival:
THE LIMITATIONS, EXCLUSIONS, DISCLAIMERS, RELEASES, AND LIABILITY RESTRICTIONS CONTAINED IN THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING IN THE EVENT ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Indemnification:
Customer agrees to defend, indemnify, and hold harmless Voigo, its affiliates, officers, directors, employees, contractors, licensors, suppliers, carriers, and service providers from and against any and all claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and costs (collectively, “Indemnifiable Damages”), arising out of or relating to:
i) Customer's or any End User's use or misuse of the Services;
ii) violation of this Agreement, the Acceptable Use Policy, Messaging Policies, Emergency Services Policy, or applicable law;
iii) Customer Content, communications, recordings, SMS/MMS traffic, CRM data, AI-generated content, uploaded materials, or other data transmitted, stored, processed, or distributed through the Services;
iv) alleged violations of privacy laws, TCPA regulations, call recording laws, messaging regulations, consent requirements, or data protection laws;
v) unauthorized, fraudulent, abusive, unlawful, or criminal use of the Services by Customer, End Users, or third parties using Customer's accounts, credentials, devices, or systems;
vi) Customer's equipment, devices, software, integrations, APIs, networks, or third-party systems;
vii) failure to secure Customer credentials, systems, devices, or account access information.
Customer's indemnification obligations shall apply except to the extent that the applicable claim, damage, or liability is directly caused by Voigo's gross negligence, willful misconduct, or violation of applicable law.
This Section shall survive termination or expiration of this Agreement.
9. Warranties:
A. Voigo Warranty:
Voigo shall provide the Services in a professional and workmanlike manner using commercially reasonable skill, care, and industry-standard practices, and in material compliance with applicable laws and regulations governing the Services. Subject to the terms, limitations, exclusions, and dependencies set forth in this Agreement, Voigo will use commercially reasonable efforts to maintain the availability and operation of the Services, including hosted voice, messaging, portal, CRM, conferencing, AI-related, and related cloud-based platform services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES, SOFTWARE, PORTAL, APPLICATIONS, AI FEATURES, THIRD-PARTY SERVICES, AND EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
To the extent permitted by applicable law, Voigo shall pass through to Customer any transferable manufacturer or third-party warranties received by Voigo in connection with equipment, software, or third-party services provided to Customer, if any.
B. Disclaimer of Warranties:
CUSTOMER AGREES TO USE THE SERVICES, SOFTWARE, PORTAL, APPLICATIONS, MESSAGING SERVICES, CRM FEATURES, AI FEATURES, CONFERENCING SERVICES, APIs, EQUIPMENT, AND ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH VOIGO AT CUSTOMER'S SOLE RISK.
CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER VOIGO NOR ITS AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, CARRIERS, OR SERVICE PROVIDERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, OR COMPLETELY FREE FROM DEFECTS, FAILURES, DELAYS, DATA LOSS, SECURITY INCIDENTS, OR SERVICE INTERRUPTIONS.
VOIGO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, QUALITY, LEGAL COMPLIANCE, OR RESULTS OF ANY SERVICES, COMMUNICATIONS, AI-GENERATED OUTPUT, TRANSCRIPTIONS, SUMMARIES, ANALYTICS, CALL RECORDINGS, MESSAGE DELIVERY, THIRD-PARTY SERVICES, CARRIER SERVICES, INTERNET CONNECTIVITY, OR INFORMATION PROVIDED THROUGH THE SERVICES.
CUSTOMER ACKNOWLEDGES THAT AI-RELATED FEATURES, INCLUDING WITHOUT LIMITATION TRANSCRIPTIONS, SUMMARIES, ANALYTICS, SUGGESTIONS, AUTOMATIONS, OR GENERATED CONTENT, MAY PRODUCE INACCURATE, INCOMPLETE, OFFENSIVE, MISLEADING, OR UNINTENDED RESULTS AND SHOULD NOT BE RELIED UPON AS LEGAL, FINANCIAL, MEDICAL, COMPLIANCE, OR PROFESSIONAL ADVICE.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOIGO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
AI Features and Automated Processing:
Certain Services may include artificial intelligence (“AI”) or automated processing features, including without limitation transcription, summarization, sentiment analysis, analytics, recommendations, automations, generated content, workflow assistance, search functionality, or similar capabilities (“AI Features”).
AI Features may process communications content, recordings, messages, CRM information, customer data, uploaded materials, or other submitted information using Voigo systems or third-party service providers.
Customer acknowledges and agrees that AI Features may produce inaccurate, incomplete, delayed, offensive, misleading, omitted, or unintended outputs and are provided for informational and convenience purposes only. Customer is solely responsible for independently reviewing, validating, and verifying all AI-generated outputs before relying on them for any business, legal, compliance, financial, medical, operational, or other purpose.
Voigo makes no warranty, representation, or guarantee regarding the accuracy, reliability, completeness, legality, or fitness of AI-generated outputs and shall not be liable for any decisions, actions, losses, damages, liabilities, claims, or consequences arising from Customer’s use of or reliance upon AI Features or AI-generated outputs.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
10. Dispute Resolution:
A. Good Faith Attempt to Settle Disputes:
In the event of any dispute or claim arising out of or relating to the Agreement (a “Dispute”), each Party will appoint a duly authorized representative which will confer with the other Party before either Party brings legal action, to make a reasonable and good faith effort to settle or otherwise resolve such Dispute.
B. Equitable Relief:
Either Party acknowledges and agrees that any actual or threatened breach, misuse, or violation of the other Party's intellectual property rights, proprietary information, confidential information, trade secrets, software, platform technology, or other protected rights may cause immediate and irreparable harm for which monetary damages alone would be an inadequate remedy.
Accordingly, in addition to any other rights or remedies available at law or in equity, the non-breaching Party shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies, without the necessity of posting bond, proving actual damages, or satisfying any similar requirement, to prevent or restrain any such breach or threatened breach.
C. Limitations:
Except for claims relating to nonpayment obligations, violations of intellectual property rights, confidentiality obligations, fraud, equitable relief, or liabilities arising under Section 10 (Indemnification), no claim, demand, action, lawsuit, arbitration, or proceeding arising out of or relating to this Agreement or the Services may be brought by either Party more than two (2) years after the cause of action first accrued.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE PARTY, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.
THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN OR BRING ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST THE OTHER PARTY.
11. Miscellaneous:
This Agreement, together with any applicable service orders, policies, addenda, pricing schedules, acceptable use policies, messaging policies, emergency services policies, privacy policies, and related documents incorporated by reference, constitutes the complete and entire agreement between Voigo and Customer with respect to the Services and supersedes all prior or contemporaneous proposals, negotiations, representations, understandings, communications, or agreements, whether written or oral, relating to the subject matter hereof.
In the event any provision of this Agreement is determined to be invalid, unlawful, or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall remain valid, enforceable, and in full force and effect to the maximum extent permitted by applicable law.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Subject to any applicable arbitration provisions, the Parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and each Party irrevocably submits to the jurisdiction and venue of such courts.
Customer acknowledges and agrees that use of the Services, activation of an account, execution of a service order, electronic acceptance, payment for Services, or continued use of the Services constitutes acceptance of this Agreement and any applicable policies incorporated herein by reference.
No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right or remedy.