Terms of Service

These Terms of Service ("Terms") govern your use of the Newbula platform and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

1. Definitions

• "Service" refers to the Newbula AI-powered voice communication platform and all related services
• "Platform" means our website, applications, APIs, and any other software or services we provide
• "User," "You," "Your" refers to the individual or entity accessing or using our Service
• "Organization" refers to the company or entity that maintains an account with us
• "Content" means any data, text, audio, video, or other materials uploaded to or generated by the Service
• "Voice Agent" refers to the AI-powered voice communication agents created and managed through our Platform

2. Account Registration and Security

2.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You must be at least 18 years old to use our Service
• You are responsible for maintaining the confidentiality of your account credentials
• One person or legal entity may maintain only one free account

2.2 Account Security

• You must notify us immediately of any unauthorized access to your account
• You are responsible for all activities that occur under your account
• We reserve the right to disable accounts that we suspect are compromised
• You must implement reasonable security measures when using API keys or other credentials

2.3 Organization Accounts

• Organization administrators can add or remove team members
• Organizations are responsible for their team members' compliance with these Terms
• Billing responsibilities remain with the Organization regardless of individual user actions

3. Acceptable Use Policy

3.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for:

• Legitimate business communications
• Customer service and support operations
• Marketing and sales activities in compliance with applicable laws
• Healthcare communications in compliance with HIPAA and other regulations
• Other lawful commercial purposes

3.2 Prohibited Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations, including telemarketing and privacy laws
• Harass, abuse, or harm another person or entity
• Send spam, unsolicited communications, or robocalls
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any malicious code, viruses, or destructive content
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Collect or store personal data about other users without their consent
• Use the Service for any illegal or fraudulent purpose
• Violate the Telephone Consumer Protection Act (TCPA) or similar regulations
• Make calls to numbers on the National Do Not Call Registry without proper consent

4. Voice Calling Compliance

4.1 Your Responsibilities

• Obtain proper consent before making automated calls
• Maintain your own Do Not Call list and honor opt-out requests
• Comply with calling time restrictions in applicable jurisdictions
• Provide accurate caller identification information
• Include required disclosures in your call scripts

4.2 Call Recording

• You are responsible for complying with call recording laws in all applicable jurisdictions
• You must obtain consent for recording where required by law
• You must inform call recipients if calls are being recorded
• We are not responsible for your failure to comply with recording laws

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Newbula and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not:

• Copy, modify, or distribute our software or documentation
• Reverse engineer or attempt to extract source code
• Use our trademarks without written permission
• Remove or alter any proprietary notices

5.2 Your Content

• You retain ownership rights to content you upload to the Service
• You grant us a worldwide, non-exclusive license to use, store, and process your content to provide the Service
• You represent that you have all necessary rights to the content you upload
• You are responsible for the legality and appropriateness of your content

5.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation to you.

6. Payment Terms

6.1 Billing

• Paid services are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise stated
• Prices are subject to change with 30 days' notice
• You are responsible for all applicable taxes

6.2 Payment Methods

• We accept major credit cards and other payment methods as displayed
• You authorize us to charge your payment method for all fees
• You must provide current, complete, and accurate billing information

6.3 Overdue Payments

• Overdue payments may result in suspension or termination of services
• We reserve the right to charge interest on overdue amounts
• You are responsible for any collection costs we incur

7. Service Level and Support

7.1 Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• We may perform scheduled maintenance with advance notice
• Emergency maintenance may be performed without notice
• We are not liable for any downtime or service interruptions

7.2 Support Services

• Support is provided according to your subscription tier
• We offer email support to all users
• Premium support options may include phone and priority response
• Support is provided in English during business hours

8. API Usage

8.1 API Access

• API access is provided according to your subscription tier
• You must not exceed the rate limits for your tier
• API keys must be kept confidential and secure
• We may throttle or suspend API access for abuse

8.2 API Restrictions

• You may not resell API access without written permission
• You must implement reasonable caching to minimize API calls
• You must include proper attribution when required
• We reserve the right to modify or deprecate API endpoints with notice

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy. Additionally:

• You must comply with all applicable data protection laws
• You are responsible for obtaining necessary consents for data processing
• You must implement appropriate security measures for any data you handle
• You must notify us immediately of any data breaches
• You agree to cooperate with us in responding to data subject requests

10. Disclaimers and Limitations of Liability

10.1 Disclaimers

10.2 Limitation of Liability

10.3 Liability Cap

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Newbula, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you upload or transmit through the Service
• Your use of Voice Agents for automated calling

12. Termination

12.1 Termination by You

• You may terminate your account at any time through account settings
• Termination does not entitle you to any refunds
• Your data will be retained according to our Privacy Policy

12.2 Termination by Us

• We may suspend or terminate your account for violation of these Terms
• We may terminate accounts that have been inactive for 180 days
• We may terminate the Service with 90 days' notice

12.3 Effect of Termination

• Upon termination, your right to use the Service immediately ceases
• All provisions that should survive termination shall remain in effect
• We may delete your data after termination according to our retention policies

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@newbula.ai. We'll try to resolve the dispute informally by contacting you via email.

13.2 Arbitration Agreement

If we cannot resolve the dispute informally, any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [Your City, State].

13.3 Class Action Waiver

You agree to bring any claims only in your individual capacity and not as part of any class or representative action.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by the laws of [Your State], without regard to its conflict of law provisions.

14.2 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or platform notification with at least 30 days' notice.

14.3 Entire Agreement

These Terms constitute the entire agreement between you and Newbula regarding the use of the Service.

14.4 Severability

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

14.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.6 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

15. Contact Information

For questions about these Terms of Service, please contact us at: