VoiceLab Terms of Service
Version 2.0.0 — Effective 2026-05-14
These Terms of Service ("Terms") are an agreement between you ("Customer," "you") and Modern Approach USA LLC, a New York limited liability company ("VoiceLab," "we," "us," "our"). By creating an account, clicking a button to accept these Terms, or using the Service in any way, you agree to these Terms.
If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "Customer" refers to that entity. If you do not have such authority, you must not use the Service.
[ATTORNEY REVIEW REQUIRED] — confirm clickwrap acceptance language meets New York and federal e-signature standards (E-SIGN Act, NY ESRA, UETA equivalents).
1. The Service
VoiceLab provides software-as-a-service tools for AI-powered voice receptionist, outbound calling, SMS messaging, customer relationship management, and related communications, accessed at voicelabnyc.com and via API (collectively, the "Service"). The Service is described at voicelabnyc.com/features and pricing is published at voicelabnyc.com/pricing. We may modify, add, or remove features at any time, provided we will not materially diminish the Service during a paid term without notice.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is intended for business use and is not designed for personal, household, or consumer purposes. By using the Service, you represent that you meet these eligibility requirements and that your use of the Service does not violate any law applicable to you.
3. Accounts and security
You are responsible for the credentials of your account, for all activity that occurs under your account, and for keeping your account information current. You must use a strong, unique password and may not share your credentials. Notify us immediately at security@voicelabnyc.com if you suspect unauthorized access. We may suspend your account if we reasonably believe your account is compromised, until verification is complete. You are liable for losses caused by unauthorized use of your account that results from your failure to safeguard credentials.
4. Acceptable use
You agree to:
(a) provide accurate and complete information when registering and as needed during use of the Service; (b) comply with our Acceptable Use Policy at voicelabnyc.com/acceptable-use, which is incorporated by reference into these Terms; (c) comply with all applicable laws and regulations including but not limited to the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing regulations, the CAN-SPAM Act, the Health Insurance Portability and Accountability Act ("HIPAA"), state biometric-information laws (such as 740 ILCS 14, Tex. Bus. & Comm. Code § 503.001, RCW 19.375), state and federal wiretap statutes, the California Consumer Privacy Act, and the General Data Protection Regulation; (d) obtain all consents required by law from the recipients of your communications, including consent to be called, to receive AI-generated communications, and to have their voices recorded and processed by AI; and (e) not use the Service to harass, defraud, or harm any person.
[ATTORNEY REVIEW REQUIRED] — confirm enumerated statutes are appropriate for our customer base and add/remove jurisdictions as needed.
5. Service Levels and Service Credits
We target 99.5% uptime per calendar month, measured as the percentage of minutes the API was responsive to authenticated requests, excluding scheduled maintenance announced in advance, force majeure events, and outages caused by Customer or third-party providers outside our reasonable control. If uptime falls below 99.5% in a given month, you may request a service credit equal to 10% of that month's recurring fees by emailing billing@voicelabnyc.com within 30 days of the end of the affected month.
Service credits are applied to your next invoice, are your sole and exclusive remedy for any failure of the Service to meet the uptime target, and have no cash value.
Status page: status.voicelabnyc.com.
6. Fees and billing
Fees are billed in U.S. dollars via Stripe, on the cycle (monthly or annual) selected at signup. Fees include the recurring plan fee plus usage-based charges for any consumption above plan-included amounts at the rate published at voicelabnyc.com/pricing.
You authorize us to charge your payment method on file for all fees, taxes, and other charges. If a payment fails, we may suspend your account after notice. You are responsible for keeping your payment information current.
All fees are exclusive of taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes other than taxes imposed on VoiceLab's income.
[ATTORNEY REVIEW REQUIRED] — confirm New York sales-tax treatment of SaaS services as of effective date (NY Tax Law §1105(c), TSB-M-08(13)S guidance on cloud-delivered software).
7. Auto-renewal and cancellation
Subscriptions automatically renew at the end of each billing cycle (monthly or annual) at the then-current rate, unless you cancel before the renewal date through your account settings or by emailing billing@voicelabnyc.com.
You may cancel at any time. Cancellation takes effect at the end of your current billing cycle; you retain access until that date. We do not provide prorated refunds for partial periods, except as expressly stated in the Refund Policy at voicelabnyc.com/refund-policy or as required by law.
We may change pricing on at least 30 days' prior notice via email. New pricing applies at the start of your next billing cycle. If you do not accept the new pricing, you may cancel before it takes effect.
[ATTORNEY REVIEW REQUIRED] — confirm compliance with state auto-renewal disclosure laws (CA Bus. & Prof. Code § 17600 et seq., NY Gen. Bus. Law § 527-a, and similar).
8. Disputes and chargebacks
If you have a billing concern, contact billing@voicelabnyc.com first. We will work in good faith to resolve issues, typically within 5 business days. You retain your full rights to dispute charges with your bank, card network, or under applicable law. We will not penalize you, suspend your account, or charge any fee for exercising those rights. We may contest invalid disputes through the network's standard process.
9. Trials and promotional offers
If your plan includes a trial, you may cancel during the trial with no charge. Trials automatically convert to a paid subscription at the end of the trial period unless you cancel before then. Promotional offers and discounts are subject to the terms disclosed at the time of the offer and may be limited to first-time customers, specific plans, or specific time periods.
Bonus or promotional Service Credits expire 90 days after they are granted. Purchased Service Credits do not expire. Service Credits are non-transferable, are not securities, are not money, are not redeemable for cash, and have no value outside the Service. Service Credits are not subject to refund except as expressly stated in the Refund Policy.
10. Customer data and tenant content
You retain all right, title, and interest in the data you upload, configure, or process through the Service ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and otherwise use Customer Data solely to provide and improve the Service to you and as otherwise permitted by these Terms and the Privacy Policy.
We do not sell Customer Data. We do not use Customer Data or end-caller information to train third-party AI models. We may use de-identified, aggregated metrics to improve our own product features.
You represent and warrant that you have all rights necessary to provide Customer Data to us and to grant us the license in this section, and that Customer Data does not infringe or violate the rights of any third party.
Our processing of Customer Data is governed by our Privacy Policy at voicelabnyc.com/privacy and, where applicable, our Data Processing Addendum.
11. AI disclosure and outputs
The Service uses artificial intelligence, including third-party large language models and speech systems. AI outputs may be inaccurate, incomplete, biased, or inappropriate. You are responsible for monitoring and supervising your AI agents' configuration, prompts, scripts, and behavior. You must not rely on AI outputs as professional advice (legal, medical, financial, or otherwise). We are not liable for losses caused by AI outputs to the maximum extent permitted by law.
Calls handled by VoiceLab are handled by an artificial intelligence assistant. VoiceLab will disclose this at the beginning of every call by speaking a recorded notice within the first seconds of the call. This disclosure cannot be disabled by Customers.
12. Intellectual property
We own all right, title, and interest in and to the Service, including all software, designs, user interfaces, documentation, trademarks, service marks, logos, and trade dress (the "VoiceLab IP"). You may not copy, modify, reverse-engineer, decompile, disassemble, scrape, or create derivative works of the Service or the VoiceLab IP, except to the extent such restriction is prohibited by applicable law. You may not use our trademarks, logos, or trade dress without our prior written permission.
We do not claim any rights in your trademarks, content, or data beyond the limited license granted in Section 10.
13. Confidentiality
Each party may disclose to the other non-public information identified as confidential or that should reasonably be understood to be confidential ("Confidential Information"). The receiving party will (a) use the Confidential Information only to exercise rights and perform obligations under these Terms, and (b) protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than a reasonable standard of care.
Confidential Information does not include information that is or becomes publicly available without breach of these Terms, was rightfully known to the receiving party without restriction before receipt, is rightfully received from a third party without restriction, or is independently developed without use of the disclosing party's Confidential Information.
The receiving party may disclose Confidential Information if required by law, provided it gives the disclosing party reasonable prior notice (where legally permitted) and cooperates with reasonable efforts to limit the disclosure.
14. Feedback license
If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and incorporate the Feedback into the Service or any other product or service, without restriction or compensation to you.
15. Suspension
We may suspend your account if we reasonably believe you are violating these Terms, applicable law, our Acceptable Use Policy, or are causing a material security or operational risk to us, the Service, or other users. We will provide notice and a reasonable opportunity to cure where practicable, except where immediate suspension is necessary to protect the Service, our users, or third parties. Suspension does not relieve you of payment obligations for the suspended period unless we expressly waive them.
16. Indemnification
You agree to defend, indemnify, and hold harmless VoiceLab and its officers, directors, employees, and contractors from any third-party claim arising out of (a) your breach of these Terms, (b) your violation of applicable law, or (c) your negligent or wrongful acts, including any claim under the Telephone Consumer Protection Act, state biometric-information laws, state or federal wiretap statutes, HIPAA, or any other regulatory regime arising from your configuration or use of the Service. This indemnity includes reasonable attorneys' fees, court costs, and amounts paid in settlement approved by you (which approval will not be unreasonably withheld).
This indemnity does not extend to claims arising from VoiceLab's own negligence, fraud, or willful misconduct.
We will (i) promptly notify you of any claim subject to this indemnity (provided that failure to notify will not relieve you of your obligations except to the extent prejudiced); (ii) give you sole control of the defense and settlement (subject to your obligation not to settle in a manner that imposes liability on us without our consent); and (iii) cooperate reasonably with the defense at your expense.
[ATTORNEY REVIEW REQUIRED] — confirm narrow indemnity scope is enforceable and aligns with our insurance coverage.
17. Limitation of liability
To the maximum extent permitted by law, VoiceLab's total aggregate liability under these Terms is limited to the fees you paid us in the 12 months preceding the event giving rise to the claim.
This limitation does not apply to: (a) your indemnification obligations in Section 16; (b) your fees owed to us; (c) VoiceLab's gross negligence or willful misconduct; (d) personal injury or wrongful death caused by VoiceLab; (e) infringement of VoiceLab's intellectual property; or (f) where New York law prohibits limitation of liability.
In no event will VoiceLab be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages, except where such limitation is prohibited by applicable law.
The Service is provided "as is" and "as available." We disclaim all warranties not expressly granted here, including merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law.
[ATTORNEY REVIEW REQUIRED] — confirm cap and carve-outs are enforceable in New York and key target customer states (CA, TX, IL).
18. Term and termination
These Terms remain in effect while your account is active. You may cancel at any time from your account settings. Cancellation takes effect at the end of your current billing cycle.
We may terminate your account immediately if you materially breach these Terms and fail to cure within 10 days of notice (or immediately, where the breach is incapable of cure or involves illegal activity, fraud, non-payment, or risk to the Service or other users).
Upon termination, your access to the Service ends. We will, on written request received within 30 days of termination, make Customer Data available for export in a commercially reasonable format. After such period, we may delete Customer Data in accordance with our Privacy Policy and applicable retention obligations.
Sections that by their nature should survive termination (including Sections 10, 12, 13, 14, 16, 17, 19, 20, 22, and 23) survive.
19. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Subject to Section 20, the exclusive venue for any action permitted in court is the state and federal courts located in New York County, New York, and each party consents to personal jurisdiction in those courts.
For California consumers, nothing in these Terms waives non-waivable rights under California Business and Professions Code § 17200 or California Civil Code § 1750 et seq.
[ATTORNEY REVIEW REQUIRED] — confirm New York choice-of-law and New York County venue holds against typical out-of-state customer challenges.
20. Disputes — arbitration
(a) Informal resolution first. Before filing any claim, you must give us written notice at legal@voicelabnyc.com describing the claim and provide 60 days for the parties to attempt to resolve it informally.
(b) Arbitration. Any claim not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if applicable, the Consumer Arbitration Rules. The arbitration will be held in New York, New York, or by telephonic or video appearance at the claimant's election. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.
(c) Mass arbitration. If 25 or more substantially similar claims are filed by or with the coordination of common counsel within a 90-day period, the parties agree to use the AAA Mass Arbitration Supplementary Rules, including bellwether proceedings, to manage the claims efficiently. This provision does not waive your right to file individually.
(d) Carve-outs. Either party may bring an action in court for (i) injunctive or other equitable relief or specific performance, (ii) intellectual property infringement, or (iii) claims in small-claims court if within that court's jurisdiction (in New York, the New York City Small Claims Court limit is $10,000; or the equivalent local limit for out-of-state claimants).
(e) Class action waiver. EACH PARTY WAIVES THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR CONSOLIDATED PROCEEDING. THIS WAIVER DOES NOT APPLY WHERE PROHIBITED BY LAW. For California consumers, this waiver does not preclude claims for public injunctive relief under California Bus. & Prof. Code § 17200 (per McGill v. Citibank).
(f) 30-day opt-out. You may opt out of this arbitration provision (Sections 20(b)–(e)) by emailing legal@voicelabnyc.com within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out" and including your name, account email, and a statement that you are opting out. Opt-out applies to the arbitration provision only; the rest of these Terms still apply.
(g) Fees. AAA fees follow the AAA Rules. We will pay your filing fee in consumer arbitration if your claim is for $10,000 or less. Each party otherwise bears its own attorneys' fees, except where applicable law or the arbitrator's award provides otherwise.
(h) Severability of this section. If any portion of this Section 20 is held unenforceable, the remainder will be enforced. If the class-action waiver in Section 20(e) is held unenforceable as to any claim, that claim will be severed and may proceed in court; the remaining claims will proceed in arbitration.
[ATTORNEY REVIEW REQUIRED] — confirm arbitration clause meets current AAA Mass Arbitration Supplementary Rules and California McGill / public-injunctive carve-out is correctly worded.
21. Modifications to these Terms
We may update these Terms by posting a new version at voicelabnyc.com/terms and notifying you by email at least 30 days before the new version takes effect (or such longer period as may be required by law). Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may cancel your account before they take effect, and the prior version will continue to govern your use until cancellation is effective.
Each prior version of these Terms remains accessible at voicelabnyc.com/terms/v[X.Y] for the legal life of any contract that referenced it.
22. Miscellaneous
(a) Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, and any signed addenda (MSA, DPA, BAA), are the entire agreement between us regarding the Service and supersede all prior or contemporaneous understandings.
(b) Severability. If a court or arbitrator finds any provision unenforceable, that provision will be modified only to the extent necessary to make it enforceable, and the remainder will remain in full force and effect.
(c) No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
(d) Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, with notice to you.
(e) Force majeure. Neither party will be liable for any failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, labor disputes, internet or telecommunications failures, or government action.
(f) Notices. We send legal notices to the email on your account. You send legal notices to legal@voicelabnyc.com and, if requested by us in writing, to our registered office address: (written request to legal@voicelabnyc.com).
(g) Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
(h) Headings. Section headings are for convenience only and do not affect interpretation.
23. Definitions
For purposes of these Terms:
- "AI" means artificial intelligence, machine learning, large language models, speech-to-text, text-to-speech, and similar technologies used to provide or enhance the Service.
- "Customer Data" means any data, content, configuration, or other information that Customer or its authorized users upload to, configure in, or process through the Service, including call recordings, transcripts, contact data, and AI agent prompts.
- "Documentation" means the user guides, technical documentation, and other materials provided by VoiceLab and made available at voicelabnyc.com/docs.
- "Service" has the meaning given in Section 1.
- "Service Credits" means usage units used to meter consumption of voice minutes, SMS, and other usage-based features within the Service. The unit name and conversion rates are described at voicelabnyc.com/pricing.
- "Subprocessor" means a third party engaged by VoiceLab to process Customer Data on VoiceLab's behalf, as listed in the Privacy Policy.
Contact
Modern Approach USA LLC (written request to legal@voicelabnyc.com)
- legal@voicelabnyc.com (legal notices, arbitration opt-out, contracts)
- privacy@voicelabnyc.com (privacy requests, data subject requests)
- security@voicelabnyc.com (security incidents, vulnerability disclosure)
- billing@voicelabnyc.com (billing inquiries, refund requests, SLA credits)
[ATTORNEY REVIEW REQUIRED] — full document. This draft is intended as a starting point for review by a New York-licensed business attorney before publication. Budget 2-4 hours of attorney review time.