These Terms of Service ("Terms") are an agreement between you and DRAKB LLC, doing business as Vocenya and GH Business Solutions ("Vocenya", "we", "us"), for your use of Vocenya: our website, web platform, mobile and desktop apps, APIs and MCP servers, and our AI receptionist, live agent (GH Live), phone (GH Phone), live chat and outbound calling services (the "Services").
By creating an account, starting a trial or using the Services, you agree to these Terms. If you use the Services for a business, you confirm you are authorized to accept these Terms for that business, and "you" means the business.
Questions? Email info@gh-businesssolutions.com.
1. The Services
Vocenya answers your business's calls, texts and website chats with an AI receptionist, books appointments, sends you summaries, hands conversations to your team or to trained GH agents, provides business phone lines and softphones, and can place outbound calls you set up. Features depend on your plan and add-ons, as described on our pricing page.
2. Accounts
You must give accurate information, keep your login credentials and API keys secure, and are responsible for activity under your account, including by your team members and API keys. Tell us promptly at info@gh-businesssolutions.com if you suspect unauthorized access.
3. Free trial, billing and cancellation
- New plans include a 14-day free trial, once per account. No payment card is needed to start. You add a card when you are ready to go live.
- If you have added a card when the trial ends, your plan begins and your card is charged for the first month unless you cancel first. If you haven't, the trial simply ends, nothing is charged, your receptionist stops answering and any Vocenya number held for you may be released.
- Plans renew monthly and are billed in advance through Stripe (or through Shopify, for stores that subscribe in the Vocenya Shopify app). Usage beyond your plan's included minutes, per-call GH Live charges and add-ons are billed as described on the pricing page.
- You can cancel any time from your account. Cancellation takes effect at the end of the current billing period; we do not provide refunds for partial periods except where required by law.
- We may change prices with at least 30 days' notice. Changes apply from your next billing period.
- Late or failed payments may lead to suspension of the Services.
4. Your responsibilities
You agree to use the Services lawfully, to follow our Acceptable Use Policy, and to:
- Tell your callers about AI and recording where required. Vocenya's assistant identifies itself as a virtual assistant, and you choose whether it does so at the start of a call or when asked. You are responsible for any additional notices or consents your location requires for call recording and AI interactions.
- Only place outbound calls and texts you are permitted to make. You must obtain and keep all consents required by the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state laws and carrier rules, honor Do-Not-Call requests, and use accurate information. Vocenya's compliance tools (consent records, Do-Not-Call checks, calling-hour limits and attempt caps) help but do not replace your legal obligations.
- Keep your business information, services, prices and policies accurate, since the AI receptionist relies on them.
- Not use the Services to send spam, place unlawful robocalls, harass anyone, impersonate others, spoof caller ID, collect information unlawfully, or transmit malicious code.
- Not reverse engineer, overload or interfere with the Services, or use them to build a competing product.
5. AI limitations and emergencies
AI can make mistakes. Summaries, transcripts and captured details may be incomplete or inaccurate, and you should review important information. The Services are not an emergency service and must not be relied on for emergencies. The assistant is instructed to tell callers with emergencies to call 911, and it does not give medical, legal or financial advice.
6. Healthcare customers
If you are a HIPAA covered entity or business associate, you must turn on HIPAA mode and accept our Business Associate Agreement before using the Services with protected health information. HIPAA mode becomes available once our Business Associate Agreement is published; until then, and whenever you have not accepted it, you must not use the Services to process protected health information.
7. Your data
You own the information you and your callers provide through the Services ("Customer Data"). You give us permission to host, process, transmit and display Customer Data to provide, secure and support the Services, as described in our Privacy Policy and our Data Processing Addendum, using the service providers listed on our sub-processors page. We do not sell Customer Data, and we do not use your recordings, transcripts or messages to train third-party AI models. You are responsible for having the rights and consents needed for the Customer Data you give us.
8. Phone numbers and text messaging
Phone numbers we provide are assigned to you while your account is active and in good standing. You may port eligible numbers out as permitted by carriers. If your account is closed or unpaid for an extended period, numbers may be released. Text messaging requires carrier registration (A2P 10DLC, or toll-free verification), which we file on your behalf as your messaging provider and which you agree to complete accurately. Carrier registration and campaign fees are passed through as described when you register.
You may use Vocenya texting only for conversational and transactional messages to people who contacted your business or asked for them (for example a reply to their text, a follow-up after their missed call, or an appointment confirmation or reminder). You must not use it for marketing or promotional messages, purchased or rented lists, or anyone who has not interacted with your business. Vocenya honors opt-out and help keywords automatically and never texts a number that has opted out.
Text messaging (SMS) terms
These terms apply to people who receive text messages from a business through Vocenya (the "SMS program").
- Program: each business that uses Vocenya runs its own SMS program under its own name. Messages are customer care and account messages about the person's own inquiry, call or appointment: replies to their texts, missed-call follow-ups, and appointment confirmations and reminders. They are not marketing.
- How you opt in: by texting the business, calling the business, chatting with it, booking an appointment, or giving your mobile number for updates on a form or call.
- Message frequency varies with your conversation and appointments.
- Message and data rates may apply.
- Opt out: reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) at any time. You will get one message confirming you are unsubscribed and no further texts unless you reply START to opt back in.
- Help: reply HELP for help, or contact the business directly. You can also reach Vocenya support at info@gh-businesssolutions.com.
- Carriers are not liable for delayed or undelivered messages.
- Mobile phone numbers and text messaging opt-in data are never shared with third parties or affiliates for marketing purposes. See our Privacy Policy.
9. APIs, webhooks and MCP servers
Your use of our APIs and MCP servers is subject to these Terms, our documentation and rate limits. Keep API keys secret, use only the scopes you need, and secure any endpoint that receives our webhooks. We may change or deprecate API features with reasonable notice.
10. Third-party services
The Services work with third-party products you choose to connect, such as calendars and scheduling or field-service software, sign-in providers and carriers. Your use of those products is governed by their terms, and we are not responsible for them.
11. Our intellectual property
We and our licensors own the Services, including software, designs and content. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription under these Terms. Feedback you give us may be used without obligation to you.
12. Suspension and termination
You may stop using the Services and cancel at any time. We may suspend or terminate your access if you breach these Terms, create legal or security risk, misuse calling or texting, or fail to pay. You can download a copy of your Customer Data yourself at any time: an account owner can choose "Export all my data" under Business settings in the portal for a ZIP file of your calls and transcripts, callers and leads, notes, bookings, chat messages and what your receptionist knows, in commonly used formats (CSV and JSON). Call recordings can be included, except for accounts in HIPAA mode, whose recordings can be played in the Services but not downloaded. We email the owner a link that works for 24 hours. Closing your business in the portal deletes its data straight away, so export it first; an export that is ready keeps its 24-hour link after the business is closed. If your access ends any other way, you may ask us for a copy of your Customer Data by emailing info@gh-businesssolutions.com within 30 days; we will send it in a commonly used format. After that we may delete it as described in our Privacy Policy. Recordings, transcripts and chat messages you have already deleted, or that were deleted automatically under your settings, can't be included.
13. Disclaimers
Except as expressly stated in these Terms, the Services are provided "as is" and "as available", and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free, or that every call will be answered or transcribed correctly, since service depends on carriers, networks and third-party providers.
14. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Services will not exceed the amount you paid us for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations or to either party's liability that cannot be limited by law.
15. Indemnity
You will defend and indemnify Vocenya against third-party claims arising from your Customer Data, your outbound calls and texts (including telemarketing and consent claims), or your breach of these Terms or applicable law.
16. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in New Jersey, and both parties consent to their jurisdiction. Either party may seek injunctive relief to protect its rights.
17. Changes to these Terms
We may update these Terms. We will post the updated version here with a new "last updated" date and notify customers of material changes by email or in the app at least 15 days before they take effect. Continuing to use the Services after that means you accept the updated Terms.
18. General
These Terms, together with our Acceptable Use Policy and Data Processing Addendum, and any order, plan description, Business Associate Agreement or outbound calling terms you accept, are the entire agreement between us about the Services. If any part is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.
Contact
DRAKB LLC dba Vocenya Email: info@gh-businesssolutions.com