TERMS OF SERVICE

1. Services.

SVH provides an AI agent Service (the “Service”), configured per the AI agent “Services Configuration” (agent type, integrations, add-ons etc), refer to item 17 .

2. Client responsibilities.

Client will:

• supply accurate information and provide access to anything reasonably deemed necessary,
• keep credentials secure,
• ensure lawful use,
• ensure any consents are obtained for call recording/monitoring and use of the Service with end-customers (the AI agent plays a recording notice; by continuing the call, implied consent applies),
• promptly act on operational alerts from SVH.

3. Billing

Billing occurs monthly in advance unless otherwise agreed. Included usage (such as call minutes) is defined by the selected plan. If included usage is exceeded, the Service may be paused until additional funds are provided or the allowance resets at the beginning of the next billing period. SmartVoiceHub may update pricing or plan structures with prior notice. Continued use of the Service after such notice constitutes acceptance of the updated pricing. Billing is processed by third-party providers under their own terms and conditions.

4. Refund Policy

SmartVoiceHub operates a prepaid subscription model. SmartVoiceHub may, at its sole discretion, issue refunds in cases of billing error, duplicate payment, or demonstrable failure of the Service. Approved refunds will apply only to the unused portion of the affected billing period. Refund requests must be submitted in writing within 14 days of the relevant billing, except where a longer period cannot be excluded under applicable mandatory requirements.

5. Term & termination.

• The Agreement starts on the date the subscription is activated (completed billing). The minimum term is 30 days and renews monthly thereafter.
• Either party may terminate with 30 days’ written notice. Either party may terminate immediately for uncured material breach (30-day cure period).
• Termination does not relieve the Client of payment obligations for any active billing period.

6. Service levels.

SVH targets 99% monthly service availability. If availability in a calendar month falls below 99% due to SVH systems (excluding carrier/provider outages, Client systems, or scheduled maintenance), Client may request a credit equal to that month’s billing for the affected Service.

7. Acceptable use.

No illegal or harmful use; no reliance on the Service for critical health emergency routing; no high-risk/medical decisions delegated to the AI agent; no infringement or data violations. SVH may suspend the Service for material breach of this clause (acting reasonably and notifying the Client).

8. Data protection (legal obligation)

Please refer to the “Personal Data Policy” on the website.

9. Call recording & transcripts.

If recordings/transcripts are enabled, Client is solely responsible for informing and, where required, obtaining consent from callers and staff. Client sets retention consistent with legal requirements.

10. Intellectual property.

SVH owns the Service, models, prompts, configurations, and documentation. Client owns its data and content. SVH grants Client a non-exclusive, non-transferable right to use the Service during the term.

11. Confidentiality.

Each party will protect the other’s confidential information and use it only to perform these Terms of Service.

12. Disclaimers.

The Service depends on telecom carriers, networks and third-party platforms; SVH does not control those. No system is error-free; the Service is provided “as is” except as stated in these Terms of Service.

13. Liability cap.

• Neither party is liable for any indirect, special or consequential loss, including but not limited to loss of profits, loss of data, or loss of business.
• SVH is not liable for outages, security incidents, data loss/corruption, delays, or failures caused by telecom carriers, internet providers, cloud/AI/CRM/voice platforms, payment providers, or Client systems.
• For any other claims, each party’s total aggregate liability is capped at the amount billed for the Service for the Service in the affected period, limited to one (1) month.

14. Changes.

SVH may make small (“non-material”) changes that improve security, performance, or usability on daily basis as required. Other changes to billing or AI agent configuration require separately agreed items in written form as set out in item 17 .

15. Dispute Resolution

The Parties will first try to resolve any dispute directly and in good faith. These Terms and any dispute or claim arising out of or in connection with them, including non-contractual claims, are governed by the legal system of England and Wales. Subject to any mandatory legal requirements that cannot be excluded, the courts of England and Wales have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms, unless the Parties agree in writing to another forum or method of dispute resolution. SVH may seek urgent interim or injunctive relief, enforcement action, or protective measures in any court of competent jurisdiction where necessary to protect the Service, confidential information, intellectual property, systems, data, or to recover unpaid amounts.

16. Entire agreement.

This Agreement, together with the “Personal Data Policy” and the AI agent Services Configuration below, constitutes the entire agreement and overrides any prior proposals or marketing materials.

17. AI agent- Services Configuration

• The AI agent Service Configuration depends on the agreed agent type.
• The agreed type and functions of the AI agent are confirmed in writing separately from this agreement by e-mail or a letter, with a detailed Service Configuration provided by SVH.
• A Client request for changes to the AI agent (behaviour, flows, forwarding, messages, minute packs, etc.) is subject to additional billing and an agreed timeframe, must be made in writing, and once confirmed by SVH, becomes part of the Services Configuration.
• The AI agent may be upgraded or downgraded upon the Client’s written request and subject to the relevant amendments under this item and the Service Configuration.