Disclaimer, Privacy Policy, and Terms of Service
Legal Disclaimer for AI-Powered Voice Conversation Services
Last updated: 01.01.2024
Provider: APEK Corporation
This Disclaimer governs your use of APEK’s AI-powered voice conversation services and related websites, apps, and APIs (the Service). Read this with our Terms of Service and Privacy Policy. By using the Service, you confirm that you have read and agree to all three.
1. Nature of the Service
1.1 APEK provides AI-powered voice agents that can converse on various topics for informational and educational purposes only.
1.2 The Service may use models and infrastructure from APEK and third parties, including OpenAI, Azure OpenAI, Deepgram, Cartesia, Groq, and others.
1.3 Unless a separate written agreement states otherwise, the Service does not provide legal, medical, financial, or other professional advice.
2. Acknowledgment of AI Technology
2.1 You understand the Service is powered by AI, not humans. AI outputs may be probabilistic and are not guaranteed to be accurate or complete.
2.2 The AI does not have consciousness or human judgment.
3. Limitations and Potential Errors
3.1 Outputs may contain mistakes, outdated information, bias, or content that does not fit your context.
3.2 Do not rely solely on AI for critical decisions. Verify with qualified human experts where appropriate.
4. User Responsibilities and Prohibited Uses
4.1 Use the Service responsibly, validate important information, and comply with applicable laws.
4.2 Do not use the Service for illegal, harmful, discriminatory, or deceptive activities. Do not attempt to bypass safety systems or misuse access credentials.
4.3 Do not use the Service as a substitute for professional advice or crisis support.
5. Intellectual Property
5.1 APEK and its licensors retain all rights in the Service.
5.2 You receive a limited license to use AI outputs for your internal business or personal purposes.
5.3 If you publish AI outputs, you are responsible for compliance with law and for proper attribution where required by third-party terms.
6. Liability Limitations and Indemnification
6.1 The Service is provided as is and as available without warranties.
6.2 To the fullest extent allowed by law, APEK is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
6.3 APEK’s total liability for all claims in the past 12 months is limited to the fees you paid to APEK for the Service during that period.
6.4 You agree to defend and indemnify APEK against third-party claims arising from your use of the Service or your violation of these terms.
7. Privacy and Data Use
7.1 APEK processes interaction data to operate, secure, and improve the Service. See the Privacy Policy for details.
7.2 Do not share sensitive personal data unless your agreement and configuration with APEK explicitly allow it.
8. Age Restrictions
The Service is for users 18 and older.
9. Modifications
We may modify or discontinue features without notice. Continued use after changes means acceptance of the changes.
10. Governing Law and Dispute Resolution
This Disclaimer is governed by Virginia law. Disputes are subject to arbitration and venue requirements in the Terms of Service.
Terms of Service
Last updated: 01.01.2024
Provider: APEK Corporation
These Terms are a binding agreement between you and APEK. If you accept these Terms on behalf of a company or organization, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.
1. Definitions
Service means APEK’s websites, apps, APIs, platforms, voice agents, documentation, and any related services.
Account means any user or tenant profile used to access the Service.
Your Content means data, prompts, audio, transcripts, files, and other materials you or your end users submit to or through the Service.
Outputs means content generated by the Service in response to Your Content.
2. Access and License
2.1 Subject to payment and compliance, APEK grants you a non-exclusive, non-transferable, revocable right to access and use the Service during your subscription term.
2.2 You will not reverse engineer, copy, resell, or misuse the Service, nor breach rate limits or security controls.
3. Accounts and Security
3.1 You are responsible for the security of your Account, credentials, API keys, and configurations.
3.2 Notify APEK promptly of any suspected unauthorized access.
4. Third-Party Providers
4.1 The Service may rely on third-party models, telephony, transcription, or hosting. Use of such components may be subject to additional third-party terms.
4.2 APEK is not responsible for third-party outages or changes.
5. Your Content and Outputs
5.1 You retain ownership of Your Content. You grant APEK a worldwide license to process Your Content and Outputs to provide, maintain, secure, and improve the Service.
5.2 You represent that you have all rights to submit and use Your Content with the Service.
5.3 Unless a separate written agreement states otherwise, you are responsible for reviewing Outputs before use, including in production workflows.
6. Payment Terms, Billing, and Taxes
6.1 Fees. You agree to pay all fees disclosed at checkout or in an order form. Prices may be usage-based, seat-based, instance-based, or a combination.
6.2 Invoicing and Auto-Renewal. Subscriptions renew automatically for successive terms unless canceled before the current term ends. If you are on invoice terms, payment is due within the stated Net terms. If paying by card, you authorize recurring charges.
6.3 Overage and Telephony. Unless you hard-limit capacity, you are responsible for all call minutes, API usage, storage, and overage charges incurred by your Account.
6.4 Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, withholding, and similar taxes, except taxes on APEK’s income.
6.5 Late Payments. Late amounts may accrue interest at 1.5 percent per month or the maximum allowed by law, whichever is lower. APEK may suspend the Service for nonpayment. You are responsible for reasonable collection costs.
6.6 Chargebacks. Initiating a chargeback without first contacting APEK to resolve a billing dispute may result in suspension.
6.7 Price Changes. APEK may change prices effective upon renewal or upon 30 days’ notice for month-to-month terms.
6.8 Refunds. Unless APEK agrees in writing, all fees are non-refundable. If you cannot attend a scheduled training and notify APEK in writing at least 7 days in advance, APEK will credit the payment toward a future session of equal value within 12 months, subject to availability.
7. Acceptable Use
You will not use the Service to violate law, infringe rights, exploit minors, generate malicious code, spam, or engage in activities that harm the Service or others. APEK may suspend accounts for suspected violations.
8. Confidentiality
Each party may access the other party’s confidential information. The receiving party will protect it with reasonable care and use it only to perform under these Terms.
9. Data Protection and Security
9.1 APEK will implement reasonable administrative, technical, and physical safeguards. No method of transmission or storage is fully secure.
9.2 If you process personal data subject to GDPR or similar laws, you are the controller. APEK acts as a processor. A Data Processing Addendum is available upon request.
9.3 Do not input protected health information unless a signed Business Associate Agreement permits it.
10. Beta and Trial Features
Beta features are provided for evaluation, as is, and may change or end at any time.
11. Warranties and Disclaimers
The Service is provided as is and as available. APEK disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. APEK does not warrant uninterrupted or error-free operation.
12. Limitation of Liability
To the maximum extent allowed by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Each party’s total liability for all claims in any 12-month period is capped at the greater of 100 dollars or the amounts paid by you to APEK for the Service during that period. Some jurisdictions do not allow certain limitations, so parts of this section may not apply.
13. Indemnification
You will defend and indemnify APEK against third-party claims arising from Your Content, your use of the Service, or your breach of these Terms. APEK will defend and indemnify you against third-party claims that the unmodified Service, as provided by APEK, infringes intellectual property rights, subject to customary procedures and exclusions.
14. Suspension and Termination
14.1 APEK may suspend or terminate the Service for material breach, security risk, unlawful use, or nonpayment.
14.2 You may terminate at the end of a term by giving notice as required.
14.3 Upon termination, your access ends. Certain sections survive, including payment obligations, confidentiality, IP, disclaimers, limitations, indemnities, and dispute provisions.
15. Government Use
If you are a U.S. government entity, the Service is provided as commercial items and subject to FAR and DFARS restrictions applicable to commercial software and services.
16. Export and Sanctions
You will comply with U.S. and international export, re-export, and sanctions laws. You represent that you are not a prohibited party.
17. Anti-Corruption
You will comply with applicable anti-bribery and anti-corruption laws, including the FCPA and U.K. Bribery Act.
18. Dispute Resolution, Arbitration, and Venue
18.1 Governing Law. Virginia law governs these Terms, without regard to conflict of law rules.
18.2 Informal Resolution. Before filing, the parties will try to resolve disputes in good faith. Email notice to info@apek.ai and allow 45 days to discuss.
18.3 Arbitration. Except for claims for injunctive relief or IP enforcement, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Rules in Fairfax, Virginia, by one arbitrator.
18.4 Class Action Waiver. Claims must be brought on an individual basis, not as a class or representative action.
18.5 Time Limit. Claims must be filed within one year of accrual.
19. Changes to Terms
We may update these Terms. Continued use after effective date means acceptance. If you do not agree, stop using the Service.
20. Miscellaneous
These Terms are the entire agreement and supersede prior agreements on the Service. If any provision is unenforceable, the rest remains in effect. You may not assign without APEK’s consent. APEK may assign. Neither party is liable for force majeure events.
21. Contact
Legal and billing notices: info@apek.ai
Privacy Policy
Last updated: 01.01.2024
Controller: APEK Corporation
Contact: info@apek.ai
This Privacy Policy explains how APEK collects, uses, discloses, and safeguards information in connection with the Service.
1. Information We Process
1.1 Account and Contact Data. Name, email, phone, company, role, billing data.
1.2 Usage and Device Data. IP address, device and browser type, pages visited, timestamps, diagnostics, and telemetry.
1.3 Interaction Data. Voice recordings if enabled, audio streams, transcripts, prompts, outputs, call metadata and logs, model parameters, and tool calls.
1.4 Payment Data. Limited payment details processed via PCI compliant providers such as Stripe.
1.5 Cookies and Similar Technologies. We use cookies for authentication, security, preferences, analytics, and features. You can manage cookies in your browser. Some features may not work without them.
2. How We Use Information
2.1 Provide and operate the Service, including processing interactions in real time.
2.2 Improve quality, safety, latency, and reliability.
2.3 Secure the Service and prevent abuse.
2.4 Communicate about updates, billing, and support.
2.5 Comply with law and enforce terms.
2.6 With your consent or as otherwise disclosed.
3. Legal Bases
Where required, we rely on contract, legitimate interests in providing and improving the Service, consent where applicable, and compliance with legal obligations.
4. Sharing and Disclosure
4.1 Vendors and Subprocessors. Hosting, telephony, transcription, LLM providers, analytics, support, and payment processors.
4.2 Legal and Safety. To comply with law or protect rights and safety.
4.3 Business Transfers. In connection with a merger, acquisition, or sale.
4.4 At Your Direction. When you connect third-party tools or APIs.
You can request our current subprocessors list at info@apek.ai.
5. Retention
We retain data for as long as needed to deliver the Service and meet legal and operational requirements. Call media and transcripts may be retained if enabled by you. We apply deletion schedules and will honor applicable legal rights.
6. Security
We implement reasonable technical and organizational measures. No system is perfectly secure. You are responsible for securing your credentials, endpoints, and integrations.
7. Your Choices and Rights
7.1 Opt-Out of marketing emails by using unsubscribe links or contacting us.
7.2 AI Improvement Opt-Out. You may request that interaction data not be used to improve models, subject to technical limitations.
7.3 Access, Correction, Deletion, Portability, Restriction, and Objection. Where applicable by law, submit requests to info@apek.ai. We may verify identity and deny requests allowed by law.
7.4 Do Not Track. We honor browser DNT signals for advertising trackers where feasible.
8. International Transfers
Your data may be processed in the United States and other countries with different laws. We use appropriate safeguards for cross-border transfers where required.
9. Children
The Service is not intended for children under 18. We do not knowingly collect their data.
10. Changes
We may update this Policy. If changes are material, we will provide reasonable notice. Continued use after the effective date means acceptance.
11. Contact
Privacy inquiries and rights requests: info@apek.ai