Jan 1, 2025
Jul 10, 2025
1. Scope and Application
1.1 New XP Technologies Limited is a company registered under the laws of Hong Kong, with its principal place of business at Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong ("New XP Technologies Limited", "we", "us", "our"). These Terms and Conditions ("Terms", "Terms and Conditions") govern the general use of our products and services listed on the following websites (the "Service"). By accessing or using the Service, you agree to these Terms and Conditions.
Applicable websites and services:
1.2 New XP Technologies Limited owns and operates the software platform known as "VoiceAIWrapper" that enables customers (”Clients,” “Customers,” “Users,” “you,” "your") to deploy AI voice agents for automating customer interactions and communications through integration with third-party voice AI providers.
1.3 These Terms of Use ("Terms") govern your access to and use of the VoiceAIWrapper platform and services, including all compliance obligations for voice AI communications.
1.4 New XP Technologies Limited provides services exclusively to business users and entrepreneurs who agree to comply with all applicable laws and regulations governing voice communications, data protection, and AI systems.
2. Service Description
2.1 Platform Overview
VoiceAIWrapper is a Software-as-a-Service (SaaS) platform that provides a white-label frontend layer for voice AI agent services. Our platform enables agencies and service providers to package, distribute, and manage voice AI solutions under their own brand and domain.
2.2 Core Services
VoiceAIWrapper provides the following core services:
White-label dashboard and user interface for voice AI management
Integration with voice AI providers as listed in our Sub-Processors list (including Vapi, Retell AI, ElevenLabs, etc.)
Campaign management and automation tools
Client management and billing integration
Analytics and reporting capabilities
Custom domain and branding options
API access and webhook integrations
2.3 Third-Party Integrations
Our platform integrates with third-party voice AI providers and services. You acknowledge that your use of these integrated services is subject to their respective terms of service and privacy policies. VoiceAIWrapper does not control these third-party services and is not responsible for their availability, functionality, or content.
3. User Accounts and Registration
3.1 Account Creation
To use VoiceAIWrapper services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Requirements
You represent and warrant that:
You are at least 18 years old and have the legal capacity to enter into agreements
You are authorized to bind your organization to these Terms
All information provided during registration is accurate and complete
You will maintain the accuracy of your account information
3.3 Account Security
You are responsible for maintaining the security of your account and immediately notifying us of any unauthorized use or security breaches. VoiceAIWrapper cannot and will not be liable for any loss or damage arising from your failure to maintain account security.
4. Acceptable Use Policy
4.1 Permitted Uses
You may use VoiceAIWrapper services for lawful business purposes related to voice AI agent management and deployment. You agree to comply with all applicable laws, regulations, and industry standards.
4.2 Prohibited Uses
You agree not to use VoiceAIWrapper services to:
Violate any applicable laws, regulations, or third-party rights
Create, distribute, or facilitate harmful, fraudulent, or deceptive content
Impersonate any person or entity without proper authorization
Engage in harassment, abuse, or threatening behavior
Interfere with or disrupt our services or networks
Attempt to gain unauthorized access to our systems
Reverse engineer, decompile, or disassemble our software
Use our services to compete with VoiceAIWrapper
Violate the terms of service of integrated third-party providers
4.3 Voice AI Ethics and Compliance
When using voice AI services through our platform, you agree to:
Obtain proper consent for voice recordings and processing
Comply with applicable privacy and data protection laws
Implement appropriate safeguards for sensitive information
Provide clear disclosures about AI-generated content
Respect intellectual property rights in voice and content
4.4 Customer Responsibility
You are solely responsible for any complaints, claims, or regulatory actions arising from your use of the service, including but not limited to:
TCPA violations and related penalties
Privacy law violations and regulatory fines
Spam call complaints and enforcement actions
Data breach notifications and remediation costs
Any other legal or regulatory consequences
You must comply with all applicable telecommunications, privacy, and AI governance laws in your jurisdiction and any jurisdiction where you operate.
You must maintain comprehensive records of consent, call logs, and compliance activities as required by applicable laws.
5. Voice AI Compliance and Regulatory Obligations
CRITICAL COMPLIANCE NOTICE
Voice AI communications are subject to extensive federal, state, and international regulations. Failure to comply with these regulations may result in significant penalties, fines, and legal liability. You are solely responsible for ensuring compliance with all applicable laws.
5.1 Telecommunications Compliance
5.1.1 TCPA Compliance:
You must comply with the Telephone Consumer Protection Act (TCPA) and all applicable state and federal telecommunications laws when making voice AI calls, including but not limited to:
Obtaining proper written consent before making AI powered calls to cell phones
Maintaining comprehensive consent records and call logs
Providing clear opt-out mechanisms during every call
Honoring do-not-call requests immediately
Complying with calling time restrictions (8 AM to 9 PM local time)
5.1.2. Do Not Call (DNC) Registry:
Check numbers against National and State DNC registries before calling
Maintain your own internal "do not call" list
Update DNC lists regularly (at least every 31 days)
Respect established business relationship exemptions and time limits
Stop calling numbers that request to be removed
5.1.3 International Calling Compliance: You must comply with the telecommunications laws of any country where you make voice AI calls, including but not limited to GDPR calling restrictions in the European Union.
5.2 End-User Consent and Disclosure Requirements
5.2.1 AI Disclosure: You must clearly disclose to all call recipients that they are interacting with an artificial intelligence system. This disclosure must be made at the beginning of each call and be clearly understandable.
5.2.2 Recording Consent:
Where voice interactions are recorded, you must:
Obtain appropriate consent under applicable one-party or two-party consent laws
Provide clear notice of recording at the beginning of calls
Comply with all applicable recording laws in relevant jurisdictions
5.2.3 Data Processing Consent: You must obtain valid consent for processing voice data and personal information in accordance with applicable privacy laws including GDPR, CCPA, and other regional data protection regulations.
5.3 Voice AI Provider Configuration Responsibilities
5.3.1 Sensitive Data Configuration:
You are solely responsible for configuring your voice AI provider accounts to appropriately handle sensitive data, including but not limited to:
Healthcare information (PHI) requiring HIPAA compliance
Financial information requiring compliance to PCI DSS, GLBA and financial privacy laws
Legal information requiring attorney-client privilege protection
Personal information requiring GDPR or CCPA compliance
Any other regulated or sensitive data categories
5.3.2 Business Associate Agreements: For healthcare applications, you must execute appropriate Business Associate Agreements (BAAs) with your voice AI providers and ensure HIPAA-compliant configuration of all systems.
5.3.3 Data Retention Configuration: You must configure appropriate data retention policies on your voice AI provider accounts in accordance with applicable laws and your privacy notices.
5.4 Privacy Law Compliance
5.4.1 Privacy Notices:
You must provide appropriate privacy notices to all individuals whose data you process, including:
Clear description of data collection and processing
Lawful basis for processing
Data retention periods
Individual rights and how to exercise them
Contact information for privacy inquiries
5.4.2 Data Subject Rights: You must implement procedures to handle individual rights requests including access, rectification, erasure, and portability rights under applicable privacy laws.
5.4.3 Cross-Border Data Transfers: You must ensure appropriate safeguards for any cross-border data transfers in accordance with applicable laws.
5.5 Your Compliance Responsibilities
You are responsible for:
Training your staff on compliance requirements
Obtaining all necessary consents before making calls
Maintaining proper documentation and records
Implementing procedures to handle opt-out requests
Staying updated on changing regulations
Configuring voice AI systems appropriately for your industry
5.6 Violation Consequences
Failure to comply with these requirements may result in:
Immediate account suspension
Termination of service
Legal liability for violations
Cooperation with regulatory investigations
We reserve the right to monitor usage for compliance and provide guidance, but you remain primarily responsible for ensuring all your communications comply with applicable laws.
6. White-Label Services
6.1 White-Label License
Subject to your compliance with these Terms, VoiceAIWrapper grants you a limited, non-exclusive, non-transferable license to use our white-label services to provide voice AI solutions to your clients under your own brand and domain.
6.2 Branding and Customization
You may customize the appearance of your white-labeled platform, including logos, colors, and domain names, subject to our branding guidelines. You may not modify core functionality or present the services as your own proprietary technology.
6.3 Client Relationships
You are solely responsible for your relationships with your clients & customers, including contracts, support, billing, and compliance obligations (including all compliance obligations outlined in Section 5). VoiceAIWrapper is not a party to agreements between you and your clients.
6.4 Compliance
You must ensure that your white-label customers comply with all applicable laws and regulations, and you remain liable for their compliance.
6.5 Pricing
You are free to set your own pricing for white-label services to your customers.
6.6 Non-Exclusivity
White labeling rights are non-exclusive - we may provide similar services to other customers, including your competitors.
6. Intellectual Property
6.1 VoiceAIWrapper Ownership
VoiceAIWrapper retains all right, title, and interest in and to the platform, software, technology, and related intellectual property. No rights are granted to you other than the limited license expressly set forth in these Terms.
6.2 Customer Content
You retain ownership of content you upload or create through our platform. You grant VoiceAIWrapper a limited license to use, process, and display your content as necessary to provide services.
6.3 Feedback and Improvements
Any feedback, suggestions, or improvements you provide to VoiceAIWrapper become our property and may be used without compensation or acknowledgment.
7. Billing and Payment
7.1 Subscription Fees
VoiceAIWrapper services are provided on a subscription basis. Fees are charged according to your selected plan and usage levels. All fees are non-refundable unless otherwise specified.
7.2 Payment Terms
Payment is due in advance for subscription services. You authorize us to charge your payment method for recurring fees according to your chosen billing cycle (monthly or annually).
You are responsible for maintaining valid payment information and paying all applicable taxes.
If payment fails, we may suspend your access to the service after reasonable notice.
All fees are exclusive of taxes, which are your responsibility.
We may increase subscription fees with reasonable advance notice.
Refunds are provided only as required by applicable law or as specified in our Refund Policy.
7.3 Usage-Based Billing
Certain services may be billed based on usage metrics such as calls, minutes, or API requests. You are responsible for monitoring your usage and associated costs.
7.4 Billing Disputes
Billing disputes must be reported within 30 days of the disputed charge. We will investigate and resolve legitimate disputes in good faith.
8. Service Levels and Availability
8.1 Service Availability
We warrant that VoiceAIWrapper will perform substantially in accordance with its specifications during your subscription term.
We aim to maintain 99.9% uptime but cannot guarantee uninterrupted service due to factors beyond our control, including third-party voice AI provider availability.
We may perform maintenance, updates, or modifications that temporarily affect service availability.
8.2 Support Services
We provide technical support according to your subscription plan. Support response times may vary based on issue severity and your plan level.
8.3 Service Modifications
VoiceAIWrapper may modify, update, or discontinue services at any time with reasonable notice. We will make commercially reasonable efforts to minimize disruption to your business.
9. Data and Privacy
9.1 Data Processing
VoiceAIWrapper processes data in accordance with our Privacy Policy and applicable data protection laws.
You are responsible for ensuring your use of our services complies with applicable privacy requirements.
You are responsible for ensuring you have appropriate consent and legal basis for any personal data you process through the service.
9.2 Data Security
We implement appropriate technical and organizational measures to protect data processed through our platform. However, no system is completely secure, and you acknowledge the inherent risks of data transmission and storage.
9.3 GDPR and Privacy Compliance
For customers subject to GDPR or other privacy regulations, additional terms may apply as set forth in our Data Processing Agreement (DPA).
For healthcare applications, separate Business Associate Agreements (BAAs) are required and must be executed before processing any Protected Health Information (PHI).
You must implement appropriate data protection measures for your end-users and customers, including proper consent mechanisms and privacy notices.
10. Limitation of Liability
10.1 Disclaimer of Warranties
VoiceAIWrapper services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
10.2 Limitation of Damages
To the maximum extent permitted by law, VoiceAIWrapper shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
10.3 Liability Cap
Our total liability for all claims arising from or related to these Terms shall not exceed the amount you paid to VoiceAIWrapper in the twelve months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless VoiceAIWrapper (and New XP Technologies Limited) from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
Your violation of any telecommunications laws or regulations
Your failure to obtain proper consent for voice AI calls
Any privacy law violations or data breaches
TCPA violations or related penalties
Your use of the service in violation of these Terms
Claims by your customers or their end-users
Any regulatory enforcement actions against you
12. Termination
12.1 Termination Rights
Either party may terminate these Terms with 30 days' written notice. VoiceAIWrapper may terminate immediately for material breach or violation of these Terms.
12.2 Effect of Termination
Upon termination, your access to VoiceAIWrapper services will cease, and you must discontinue all use of our platform. Provisions that by their nature should survive termination will remain in effect.
12.3 Data Retention
Following termination, we may retain your data for a maximum period of 30 days to fulfill legal obligations. You may request data deletion subject to applicable laws and regulations.
13. Regulatory Updates and Compliance Monitoring
13.1 You acknowledge that telecommunications and privacy laws are subject to frequent changes and updates.
13.2 You are responsible for monitoring regulatory changes and updating your compliance practices accordingly.
13.3 We may provide general information about regulatory changes but make no representation about the completeness or accuracy of such information.
13.4 You should consult with qualified legal counsel regarding compliance obligations specific to your use case and jurisdiction.
14. General Legal Provisions
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Hong Kong SAR, without regard to conflict of law principles.
14.2 Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in Hong Kong, except for injunctive relief which may be sought in any competent court.
14.3 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and VoiceAIWrapper regarding the subject matter herein.
14.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.5 Force Majeure
Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, or network failures.
By using VoiceAIWrapper services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.