Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nuvocal ("Nuvocal," "we," "us," or "our"), owned and operated by Ulysses Hernandez, located in the State of California.

By creating an account, accessing, or using any Nuvocal product or service — including but not limited to the AI dialer, scheduling system, CRM, or any associated tools — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using Nuvocal on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

Description of Service

Nuvocal provides a suite of AI-powered sales and communication tools designed for insurance agents, sales professionals, and business owners. Our services include:

• AI Sales Dialer: An automated outbound calling system that uses AI-generated voice (including cloned voices) to contact leads, conduct conversations, handle objections, and schedule appointments.
• Scheduling System: A calendar and booking management platform that allows agents to manage availability, appointment types, and client bookings.
• CRM & Call Logs: Tools to track lead interactions, call outcomes, appointment statuses, and team performance.
• SMS Workflows: Automated text message sequences for appointment reminders and follow-ups.
• Voice Cloning: Technology to clone a user's voice for use in AI-powered outbound calls, subject to user consent and these Terms.

Nuvocal is a software platform and communications tool. We do not provide legal, compliance, or regulatory advice. The use of our platform in compliance with applicable law is entirely your responsibility.

Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use Nuvocal. By using our services, you represent and warrant that:

• You are at least 18 years old.
• You have the legal authority to agree to these Terms.
• Your use of Nuvocal will comply with all applicable laws and regulations.
• You are not located in a jurisdiction where use of such services is prohibited.

User Responsibilities & Legal Compliance

By using Nuvocal, you represent, warrant, and agree that you will, at all times:

• Comply with the Telephone Consumer Protection Act (TCPA): Including requirements regarding consent, calling hours (8 AM – 9 PM local time of the called party), abandoned call rates, and identification disclosures.
• Comply with the FTC Telemarketing Sales Rule (TSR): Including disclosures, misrepresentation prohibitions, and recordkeeping requirements.
• Honor the National Do Not Call (DNC) Registry: You are responsible for scrubbing your lead lists against the National DNC Registry before initiating any calls. You must also maintain your own internal DNC list and honor opt-out requests immediately.
• Comply with all applicable state telemarketing, robocall, and consumer protection laws: Including but not limited to California's Automatic Telephone Dialing System laws, CCPA, and state-specific DNC regulations.
• Obtain all required consents: Including prior express written consent where required for automated or prerecorded calls to cell phones, and for SMS/text messages under TCPA.
• Make accurate disclosures: You must identify yourself, your company, and the purpose of the call to called parties as required by law.
• Maintain required records: Including records of consent, DNC compliance, and call disposition.

You acknowledge that Nuvocal does not scrub your lead lists against the DNC registry, does not verify that you have obtained required consents, and does not manage your legal compliance in any way. Nuvocal provides technology; you are responsible for using it lawfully.

Prohibited Uses

You agree that you will not use Nuvocal to:

• Make calls to numbers on the National DNC Registry or your internal DNC list without proper exemption or consent.
• Harass, abuse, intimidate, or threaten any individual.
• Conduct fraud, misrepresentation, or deceptive practices of any kind.
• Impersonate another person or company fraudulently (cloning your own voice for your own sales calls is permitted; cloning others' voices without consent is not).
• Violate any federal, state, or local law or regulation, including TCPA, TSR, CCPA, or any applicable wiretapping, recording consent, or privacy law.
• Call outside of legally permissible calling hours.
• Send unsolicited bulk messages or conduct spam campaigns.
• Engage in any activity that results in fines, penalties, or legal action against Nuvocal.
• Reverse engineer, decompile, or attempt to extract source code from Nuvocal's software.
• Resell or sublicense access to Nuvocal without explicit written permission.
• Use the platform in any way that violates the rights of any third party.

Nuvocal reserves the right to immediately terminate your account for any prohibited use, without refund.

Voice Cloning Consent

Nuvocal offers a voice cloning feature powered by third-party AI services, which allows an AI-generated voice model to be created from a voice sample you provide. By submitting a voice recording for cloning, you represent, warrant, and agree that:

• You own or have full rights to the voice being cloned. You may only submit recordings of your own voice, or of individuals who have explicitly consented in writing to have their voice cloned for commercial use on this platform.
• You have obtained any legally required consent for recording and cloning the submitted voice, including compliance with any applicable two-party or multi-party recording consent laws.
• You will not use a cloned voice to impersonate, defraud, or deceive any person in a manner that would violate any law or harm any individual.
• You grant Nuvocal a limited license to use the voice model solely to provide the dialing service to you.
• Voice models may be retained for the duration of your subscription and deleted upon account termination per our Privacy Policy.

Data & Privacy

Your privacy matters to us. Our collection, use, and handling of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms.

By using Nuvocal, you consent to the collection and use of your information as described in the Privacy Policy, including:

• Account information (name, email, phone)
• Call logs and recordings
• Voice models and recordings submitted for cloning
• Lead data you upload or enter into the system
• Usage data and analytics

You are responsible for ensuring that any personal data you upload (including lead lists) has been collected lawfully and that you have the right to use it for outbound sales communications.

Payment Terms

Nuvocal offers subscription-based plans with the following terms:

• Billing: Subscriptions are billed monthly in advance. Payment is due at the time of purchase or renewal.
• Auto-Renewal: Your subscription automatically renews each month. By subscribing, you authorize Nuvocal to charge your payment method on each renewal date.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You will retain access to Nuvocal through the end of the paid period.
• No Refunds: All fees are non-refundable except as required by applicable law. Partial-month usage is not refunded upon cancellation.
• Price Changes: Nuvocal may change pricing with at least 14 days' notice to your registered email. Continued use of the service after a price change constitutes acceptance of the new pricing.
• Failed Payments: If payment fails, we may suspend your account until payment is received. Nuvocal is not liable for any losses resulting from service suspension due to non-payment.
• Taxes: You are responsible for all applicable taxes on your subscription.

Payments are processed by Stripe. By subscribing, you also agree to Stripe's Terms of Service.

Limitation of Liability

To the fullest extent permitted by applicable law:

• Nuvocal's total liability to you for any claims arising from or related to these Terms or your use of the service shall not exceed the total amount you paid to Nuvocal in the three (3) months preceding the claim.
• Nuvocal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, business interruption, or reputational harm.
• Nuvocal is not liable for any regulatory fines, FTC/FCC penalties, TCPA violations, state law violations, or any other legal consequences arising from your use of the platform, including the conduct of calls or messages.
• Nuvocal does not guarantee that the platform will be error-free, uninterrupted, or free from third-party disruptions.
• Nuvocal is not responsible for the accuracy, legality, or quality of any content, data, or lead information you input into the platform.

Some jurisdictions do not allow the exclusion of certain damages, so the above limitations may not apply to you in full.

Indemnification

You agree to defend, indemnify, and hold harmless Nuvocal, its owner Ulysses Hernandez, and any affiliates, officers, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Nuvocal platform.
• Your violation of these Terms.
• Your violation of any federal, state, or local law, including TCPA, TSR, or state telemarketing laws.
• Any claims by third parties related to calls or messages sent using your Nuvocal account.
• Any unauthorized or unlawful use of cloned voices through your account.
• Any data you upload, transmit, or process through the platform.

This indemnification obligation survives termination of these Terms and your use of the platform.

Termination

Either party may terminate the service relationship at any time:

• By You: Cancel your subscription at any time. Your access continues until the end of the current billing period.
• By Nuvocal: We may suspend or terminate your account immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms, engaged in prohibited conduct, created legal exposure for Nuvocal, or used the platform in a manner inconsistent with applicable law.

Upon termination:

• Your access to the platform will cease immediately (or at the end of the billing period for voluntary cancellations).
• Your data may be retained for a period as described in the Privacy Policy, then deleted.
• Sections 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), and any accrued payment obligations survive termination.

No refunds will be issued upon termination for cause.

Modifications to Terms

Nuvocal reserves the right to update or modify these Terms at any time. When changes are made:

• The "Last Updated" date at the top of this page will be revised.
• For material changes, we will make reasonable efforts to notify you via email or in-app notification at least 14 days before the changes take effect.
• Your continued use of Nuvocal after any changes become effective constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically. If you do not agree to the updated Terms, you must stop using the service.

Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any disputes arising under these Terms shall be resolved through binding arbitration in California, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact

If you have questions about these Terms, please contact us: