Terms of Service
Last Updated: December 14, 2024
Welcome to DataScape Solutions LLC (“DataScape,” “we,” “our,” or “us”). By accessing or using our VocalVector platform, services, and associated application programming interfaces (APIs) (“Services”), you (“You,” “Your,” or “User”) agree to the terms and conditions of this Terms of Service agreement (“Agreement”). Please read this Agreement carefully. By using the Services, You accept and agree to these terms.
If You do not agree to this Agreement, You may not use the Services.
1. Definitions
1.1 VocalVector Agents: AI-powered conversational agents that interact via speech or text across various platforms, including but not limited to web platforms, online meeting platforms, phone systems, and call centers.
1.2 Services: All services offered by DataScape Solutions LLC, including but not limited to the VocalVector platform, APIs, and any associated tools or resources.
1.3 PHI (Protected Health Information): Any information as defined under the Health Insurance Portability and Accountability Act (HIPAA) that relates to an individual’s health status, care, or payment for care and is created or received by the User through the Services.
1.4 Business Associate Agreement (BAA): A legal document required under HIPAA that specifies obligations related to the handling of PHI.
1.5 User Content: Data, text, audio, images, video, or other content uploaded, transmitted, or generated by You through the use of the Services.
2. Acceptance of Terms
2.1 Agreement to Terms: By creating an account, logging into the platform, or using the Services, You confirm that You have read, understood, and agree to this Agreement.
2.2 Updates to Terms: We may update this Agreement at any time. Changes will be effective upon posting, and we will provide at least 15 days’ notice before the updates take effect, allowing you sufficient time to review and understand the modifications. Your continued use of the Services constitutes acceptance of the updated terms.
3. Use of Services
3.1 Grant of License: We grant You a limited, non-exclusive, non-transferable, revocable license to access and use the Services in compliance with this Agreement.
3.2 Acceptable Use:
- You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.
- You may not use the Services for emergency communications, spam, or any fraudulent activity.
3.3 Restrictions:
- You may not reverse engineer, decompile, modify, or create derivative works from the Services.
- You are responsible for securing Your credentials and promptly notifying us of any unauthorized access. While we implement robust security measures, DataScape Solutions LLC assumes no liability for breaches caused by factors beyond its control. To avoid ambiguity, reasonable protections include using strong passwords, regularly updating them, safeguarding access to devices and accounts, and ensuring that only authorized personnel access sensitive credentials. Any activity conducted under Your credentials due to Your failure to implement these or similar safeguards will be considered authorized by You.
3.4 Call Center and Data Compliance:
- It is Your responsibility to comply with applicable laws and regulations regarding call recording, customer interaction scripts, and data protection during sessions, including but not limited to call center operations and online meetings. DataScape Solutions LLC assumes no responsibility for violations arising from Your use of the Services in these contexts.
3.5 HIPAA Compliance:
- If You handle PHI using the Services, You must execute a BAA with DataScape Solutions LLC.
- Use of the Services for PHI without a signed BAA is prohibited and may result in the suspension or termination of access to the Services. Additionally, Users may bear full liability for any compliance violations arising from such unauthorized use.
- If PHI is inadvertently handled without a BAA, the User must immediately notify DataScape Solutions LLC, and DataScape will take commercially reasonable steps to mitigate risks.
3.6 LLM Safeguards:
- The Services utilize advanced large language models (LLMs) to generate conversational outputs. While DataScape Solutions LLC implements reasonable safeguards, including filtering mechanisms and regular performance assessments to restrict inappropriate outputs, Users are responsible for reviewing and validating LLM-generated outputs. For real-time conversations, Users should monitor and evaluate interactions to ensure compliance with applicable laws and suitability for their purposes. In the event of any inappropriate or unintended content generated, DataScape disclaims liability beyond these reasonable safeguards.
4. Privacy and Data Ownership
4.1 Data Ownership:
- You retain ownership of User Content. However, You grant us a non-exclusive, worldwide, royalty-free license to use, process, and store User Content for the purpose of providing the Services.
4.2 Data Security:
- We implement industry-standard security measures, including encryption, regular audits, and secure access controls, to protect Your data. While these measures significantly reduce risks, we cannot guarantee absolute security. For reassurance, DataScape Solutions LLC implements a combination of encryption, multi-factor authentication, regular system audits, and robust access controls as part of its security framework.
- You are responsible for ensuring that any User Content complies with applicable data privacy laws.
5. Fees and Payment
5.1 Fees: Use of the Services may require payment of fees. Fees are detailed on our website or in Your agreement with us.
5.2 Payment Terms: All payments must be made in accordance with the agreed terms. Failure to pay may result in suspension or termination of Your access to the Services.
5.3 Taxes: You are responsible for any taxes associated with Your use of the Services.
6. Intellectual Property
6.1 Ownership: All intellectual property rights in the Services, including but not limited to the VocalVector platform, remain the exclusive property of DataScape Solutions LLC.
6.2 Feedback: Any suggestions or feedback provided by You may be used by us without restriction.
7. Limitation of Liability
7.1 Disclaimer: The Services are provided “AS IS” without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
7.2 Limitation of Damages: In no event will DataScape Solutions LLC be liable for any indirect, incidental, special, or consequential damages arising out of or related to this Agreement or the use of the Services, including but not limited to loss of revenue, profits, goodwill, or data. These exclusions apply even if we have been advised of the possibility of such damages.
7.3 Maximum Liability: Our aggregate liability under this Agreement will not exceed the amount You paid for the Services in the 12 months preceding the claim.
8. Termination
8.1 Termination by You: You may terminate this Agreement at any time by ceasing use of the Services.
8.2 Termination by Us: We may terminate or suspend Your access to the Services at any time, with or without cause, upon notice to You.
8.3 Effect of Termination: Upon termination, Your rights to use the Services will immediately cease. Any outstanding fees remain payable.
9. Indemnification
You agree to indemnify, defend, and hold harmless DataScape Solutions LLC, its affiliates, and its employees from any claims, losses, damages, or expenses arising out of Your use of the Services, violation of this Agreement, or infringement of any third-party rights.
10. Miscellaneous
10.1 Governing Law: This Agreement is governed by the laws of the State of New York, specifically New York, New York, without regard to conflict of law principles. For Users engaging in HIPAA-regulated activities, compliance jurisdiction also extends to applicable federal healthcare laws and regulations.
10.2 Entire Agreement: This Agreement constitutes the entire agreement between You and DataScape Solutions LLC regarding the Services. In the event of any conflict between this Agreement and additional agreements, such as a Business Associate Agreement (BAA), the terms of the BAA will govern with respect to PHI-related obligations, including situations where PHI is inadvertently handled outside of the scope of the Services.
10.3 Notices: Any notices under this Agreement will be sent via email or posted on the platform.
10.4 Assignment: You may not assign this Agreement without our prior written consent.
Contact Us
If You have any questions about this Agreement, please contact us at via our website: https://www.vocalvector.ai/
By using the Services, You agree to these terms and conditions.
Thank you for choosing VocalVector, a service and product offered by DataScape Solutions LLC, a registered LLC based in New York, New York.