Terms of Service
& Data Processing Agreement
This document constitutes a binding agreement between you (the Client) and VOXA. By creating an account and accepting these terms at registration, you agree to be bound by all provisions herein.
01 Introduction
VOXA ("VOXA", "we", "us") is an AI voice receptionist platform operated by Samuel Lamarche, a sole proprietor registered in Quebec, Canada. VOXA provides automated inbound call handling, service selection, and appointment booking on behalf of appointment-based businesses (the "Client").
These Terms of Service incorporate a Data Processing Agreement (DPA) governing how VOXA handles personal information collected from the Client's customers (callers) on the Client's behalf. By clicking "I accept" during account registration, you acknowledge that you have read, understood, and agree to these terms in their entirety.
Acceptance is required. You may create an account and use the Service only after accepting these terms during registration.
02 Definitions
| Term | Meaning |
|---|---|
| Client | The business entity or individual that subscribes to the VOXA service and acts as Data Controller. |
| VOXA | The AI receptionist platform and its operator, Samuel Lamarche, acting as Data Processor. |
| Service | The VOXA AI receptionist platform, including call handling, booking, and dashboard features. |
| Caller | A customer of the Client who contacts the Client's dedicated phone number handled by VOXA. |
| Personal Information | Any information about an identifiable individual processed by VOXA in the course of delivering the Service. |
| Controller | The party that determines the purpose and means of processing Personal Information — the Client. |
| Processor | The party that processes Personal Information on behalf of the Controller — VOXA. |
| Subprocessor | A third-party service engaged by VOXA to assist in delivering the Service. |
| Applicable Privacy Law | Quebec Law 25, PIPEDA, and any other privacy legislation applicable to the Client or its customers. |
03 Service
VOXA provides an AI-powered voice receptionist that answers inbound calls on behalf of the Client, collects service and scheduling preferences from callers, and creates appointments through the Client's connected booking provider (currently Square).
The Service is provided in English only. VOXA does not guarantee the availability of specific booking providers beyond those documented at the time of subscription.
VOXA reserves the right to modify, suspend, or discontinue any feature of the Service upon reasonable notice. Scheduled maintenance will be communicated in advance where practicable.
04 Accounts & Eligibility
You must be a business owner or authorized representative of a business to create a VOXA account. By registering, you represent that you have the authority to bind the business to these terms.
You are responsible for maintaining the confidentiality of your account credentials. You must notify VOXA immediately of any unauthorized access to your account.
VOXA reserves the right to suspend or terminate accounts found to be in violation of these terms or applicable law.
05 Billing & Subscriptions
VOXA charges a monthly base fee plus metered usage fees in USD. All fees are billed through Stripe. By providing payment information, you authorize VOXA to charge applicable fees on a recurring basis.
Billing periods are anchored to your registration date. Invoices are generated at the end of each billing period and are due immediately upon issuance.
Applicable taxes (GST/QST for Canadian clients, and any applicable US state taxes) are added to invoices as required by law. VOXA operates Stripe Tax for automated tax calculation.
Subscriptions may be cancelled at any time. Cancellation takes effect at the end of the current billing period. No pro-rated refunds are issued for partial periods.
06 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these terms. You must not:
- Use the Service to collect personal information for any purpose beyond what is disclosed to callers.
- Attempt to reverse-engineer, circumvent, or interfere with the Service or its underlying infrastructure.
- Use the Service in any sector subject to heightened privacy regulation (e.g., healthcare, legal) without first obtaining written approval from VOXA.
- Misrepresent the AI nature of the receptionist to callers in a manner that constitutes deception under applicable law.
07 Data Processing Agreement
This section constitutes the Data Processing Agreement between the Client (Controller) and VOXA (Processor) as required under Quebec Law 25 and applicable privacy legislation.
VOXA's Privacy Policy describes VOXA's general privacy practices, including security, retention, subprocessors, and cross-border transfer details; this DPA governs the controller-processor relationship for Client data handled through the Service.
Roles
The Client is the Data Controller: it determines the purpose and means of collecting personal information from its customers. VOXA is the Data Processor: it processes personal information solely to deliver the Service on the Client's behalf and under the Client's documented instructions.
Scope of Processing
| Purpose | Handling inbound calls, service selection, and appointment booking on behalf of the Client. |
| Data categories | Caller phone number, caller name (provided verbally), requested service, appointment date and time, call metadata (duration, timestamps). |
| Data subjects | Customers of the Client who call the Client's VOXA-assigned phone number. |
| Processing operations | Collection via voice call, temporary storage in VOXA infrastructure, and transmission to the Client's booking provider as needed to deliver the Service. |
Client Obligations
As the Data Controller, the Client is responsible for:
- Ensuring a lawful basis for collecting and processing personal information under Applicable Privacy Law.
- Providing appropriate notice to callers that their calls are handled by an AI-powered receptionist service. VOXA provides a default caller disclosure at the start of each call.
- Complying with all privacy obligations applicable to its jurisdiction, including US state privacy laws (CCPA/CPRA, VCDPA, CPA, and equivalent legislation) where applicable.
- Responding to data subject access, correction, and deletion requests from its customers within legally required timelines.
VOXA Obligations
As the Data Processor, VOXA will:
- Process personal information only as necessary to deliver the Service and strictly according to the Client's instructions.
- Not use personal information for training AI models, advertising, or any secondary purpose.
- Notify the Client without undue delay after becoming aware of a confirmed personal information breach affecting Client data.
- Ensure Subprocessors are bound by equivalent data protection obligations.
- Maintain a designated Privacy Officer (Samuel Lamarche, samuel.lamarche@getvoxa.ca).
08 Limitation of Liability
To the maximum extent permitted by applicable law, VOXA's total liability for any claims arising under these terms shall not exceed the total fees paid by the Client in the 3 months preceding the claim.
VOXA is not liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption, regardless of the cause of action.
Nothing in this section limits either party's liability for damages caused by willful misconduct, gross negligence, or a breach of data protection obligations under applicable privacy law.
09 Governing Law
These terms are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising under these terms shall be submitted first to good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Quebec.
10 Changes to Terms
VOXA may update these terms from time to time. Material changes will be communicated by email at least 14 days before taking effect. Non-material changes (such as clarifications or corrections) may take effect immediately.
Continued use of the Service after the effective date of updated terms constitutes acceptance of the revised terms. If you disagree with a material change, you may terminate the Service Agreement before the change takes effect.
Each version is identified by a version number and effective date. A complete version history is maintained below.
11 Contact
For questions about these terms, data subject requests, privacy concerns, or breach notifications, contact VOXA's Privacy Officer:
Privacy Officer & Operator
Samuel Lamarche — VOXA
Quebec, Canada