Terms of Service

§ 1. General Provisions and Service Description

These Terms of Service (the "Terms") govern the use of VoiceTrap — an electronic service within the meaning of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002, No. 144, item 1204, as amended), operated from the territory of the Republic of Poland. These Terms constitute a standard-form contract within the meaning of Article 384 of the Polish Act of 23 April 1964 — the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended).

VoiceTrap is an AI-powered phone assistant that, on behalf of the Service Recipient, answers incoming calls, records voicemail messages, transcribes them using an AI speech recognition system (OpenAI Whisper), generates summaries and lead assessments using an AI language model (OpenAI GPT), and may send automated follow-up SMS messages via the Twilio platform. Voice greetings are generated using text-to-speech technology (OpenAI TTS, ElevenLabs). In accordance with Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 (the Artificial Intelligence Act), we inform you that the above functions are performed by artificial intelligence systems.

§ 2. Definitions

For the purposes of these Terms, the following terms shall have the following meanings:

• "Service Provider" — the operator of VoiceTrap, conducting business in the territory of the Republic of Poland, who is also the Controller of personal data.
• "Service Recipient" or "User" — a natural person, legal person, or organisational unit without legal personality that uses the electronically provided service.
• "Consumer" — a natural person entering into a legal transaction with the Service Provider that is not directly related to their business or professional activity (Article 22\u00B9 of the Civil Code), as well as a natural person conducting business who enters into a contract directly related to that business where the content of the contract indicates that it is not of a professional nature for that person (Article 385\u2075 of the Civil Code).
• "Service" — an electronically provided service within the meaning of the Act on the Provision of Electronic Services, consisting of the provision of VoiceTrap functionalities.
• "Terms" — this document setting out the conditions for the provision of electronic services.
• "Account" — the Service Recipient's individual, password-protected profile in VoiceTrap, enabling the use of the Service.
• "AI System" — an artificial intelligence system within the meaning of Article 3(1) of Regulation (EU) 2024/1689, used to perform the functions described in § 1.

§ 3. Technical Requirements

In accordance with Article 8(3)(2)(a) of the Act on the Provision of Electronic Services, the following are required to use VoiceTrap:

• A device with internet access and a current web browser supporting JavaScript and cookies.
• An active email account (email address).
• A phone number with call forwarding capability (for full use of the phone assistant features).

§ 4. Contract Formation and Account Responsibility

The contract for the provision of electronic services is concluded upon successful completion of the registration process and creation of an Account. Registration requires the provision of accurate personal data and acceptance of these Terms and the Privacy Policy. The Service Provider confirms the conclusion of the contract by electronic means.

The Service Recipient is obliged to maintain the confidentiality of Account credentials (login, password) and bears responsibility for all activities conducted using those credentials. The Service Recipient shall promptly notify the Service Provider of any unauthorised access to the Account.

It is prohibited to share the Account with unauthorised persons or to use the service for activities that are contrary to applicable law or these Terms.

§ 5. Acceptable Use Policy

The Service Recipient undertakes not to use VoiceTrap for the purpose of:

• Recording calls without the knowledge or consent of all parties, where required by applicable law, including Article 267 of the Polish Act of 6 June 1997 — the Criminal Code.
• Sending unsolicited commercial communications (spam) within the meaning of Article 10 of the Act on the Provision of Electronic Services, as well as SMS messages of a fraudulent or misleading nature.
• Violating applicable national, EU, or international law.
• Attempting to reverse-engineer, decompile, disassemble, or compromise the security of the service.
• Generating, storing, or distributing unlawful, hateful, threatening, defamatory, obscene, or otherwise objectionable content through any feature of the service, including TTS greetings and SMS templates.
• Using the text-to-speech feature to impersonate another person, create misleading audio content, or produce deepfakes without the explicit consent of the person whose voice or likeness is being reproduced.
• Transmitting content that infringes intellectual property rights, personal rights, or any other rights of third parties.
• Circumventing or attempting to circumvent the automated content moderation systems.

§ 6. AI-Generated Content and Automatic Moderation

VoiceTrap uses artificial intelligence systems to generate and process content, including call transcriptions, summaries, lead assessments, and text-to-speech audio. Content generated by AI systems is produced automatically and may contain inaccuracies or errors. AI-generated summaries and assessments should not be relied upon as the sole basis for important business, legal, or medical decisions.

To ensure compliance with applicable law, including the Digital Services Act (Regulation (EU) 2022/2065) and AI provider usage policies, the Service Provider employs automatic content moderation (OpenAI Moderation API). All text content submitted by Users (TTS greetings, SMS templates, service descriptions) and call transcriptions are automatically reviewed for prohibited content. Content flagged by the moderation system will be blocked or restricted.

If the User believes that their content has been incorrectly flagged by the moderation system, they have the right to request a manual review from the Service Provider. The report will be examined within a reasonable timeframe. Third parties who believe that content hosted on VoiceTrap is illegal may submit a notice through the form on the "Report Illegal Content" page, in accordance with Article 16 of the Digital Services Act (Regulation (EU) 2022/2065). The Service Provider acknowledges receipt of each notice and issues a reasoned decision within 24 hours.

§ 7. Prohibited Content

The following types of content are strictly prohibited across all VoiceTrap features, including TTS greetings, SMS messages, service descriptions, and any other text fields:

• Content promoting violence, terrorism, or self-harm.
• Sexually explicit content, in particular any content involving minors (Article 202 of the Criminal Code).
• Hate speech, discrimination, or incitement to hatred on the grounds of race, ethnic origin, nationality, religion, belief, gender, sexual orientation, disability, or any other characteristic protected by law (Articles 256–257 of the Criminal Code).
• Disinformation, fraud, or content intentionally designed to deceive.
• Content violating the privacy of other persons, including the unlawful disclosure of third-party personal data.
• Malware, phishing attempts, or any content facilitating cyberattacks.

Violation of the provisions of this section may result in immediate suspension or deletion of the Account in accordance with § 14 of these Terms.

§ 8. Intellectual Property Rights

All intellectual property rights in VoiceTrap, including the software, user interface, trademarks, logos, graphics, and content (excluding content submitted by Users), belong to the Service Provider or the entities from which the Service Provider has obtained the relevant licences. Use of the service does not constitute a transfer of any intellectual property rights to the Service Recipient.

The Service Recipient retains all rights to content they have submitted to the service (greeting texts, service descriptions, contact data). The Service Recipient grants the Service Provider a non-exclusive, royalty-free licence to process such content solely to the extent necessary for the provision of the service.

§ 9. Subscription and Payments

VoiceTrap offers paid subscription plans billed on a monthly cycle. The subscription renews automatically at the end of each billing period, unless the Service Recipient cancels before the renewal date. Service prices are displayed inclusive of gross amounts (including VAT, where applicable).

Payments are processed through the payment operator Stripe, Inc. The Service Provider issues accounting documents (invoices) in accordance with applicable tax regulations. Invoices are made available electronically through the billing panel.

Refunds are considered on a case-by-case basis upon the Service Recipient's request. For Consumers, the provisions regarding the right of withdrawal set out in § 10 of these Terms shall apply.

§ 10. Right of Withdrawal

The Consumer has the right to withdraw from a distance contract without stating a reason, within 14 days of the date of the contract's conclusion, in accordance with Article 27 of the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended). The withdrawal statement may be submitted electronically to the email address listed on the contact page, or by deleting the Account through the user panel.

Where the provision of the service commences before the expiry of the withdrawal period (at the Consumer's express request made before the expiry of that period), the Consumer forfeits the right of withdrawal upon full performance of the service, in accordance with Article 38(1) of the Consumer Rights Act. If the service has not been fully performed, the Consumer shall pay for the services provided up to the point of withdrawal, in proportion to the scope of performance delivered.

The right of withdrawal referred to in this section also applies to natural persons conducting sole proprietorship business who enter into a contract directly related to that business, where the content of the contract indicates that it is not of a professional nature for that person (Article 38a of the Consumer Rights Act).

§ 11. Complaint Procedure

The Service Recipient has the right to submit complaints relating to the provision of electronic services, in accordance with Article 8(3)(4) of the Act on the Provision of Electronic Services. A complaint should contain at a minimum:

• Information identifying the Service Recipient (name, email address associated with the Account).
• A description of the subject matter of the complaint and the circumstances substantiating the complaint.
• The expected manner of resolution.

Complaints should be submitted electronically to the email address listed on the contact page. The Service Provider shall consider the complaint within 14 days of its receipt and shall notify the Service Recipient of the outcome by electronic means. Where supplementary information is required, the time limit shall run from the date the supplementary information is provided.

§ 12. Service Availability

The Service Provider shall use its best efforts to ensure uninterrupted access to VoiceTrap; however, it does not guarantee constant and uninterrupted availability. The Service Provider reserves the right to carry out scheduled maintenance, updates, and upgrades that may temporarily affect the availability of the service. The Service Provider shall endeavour to notify Service Recipients of planned downtime with reasonable advance notice.

§ 13. Limitation of Liability

To the maximum extent permitted by mandatory provisions of law, the Service Provider shall not be liable for: missed or incorrectly routed calls; inaccuracies or errors in transcriptions, summaries, or lead assessments generated by AI systems; decisions of the automatic content moderation system, including false positives or false negatives; or indirect, incidental, or consequential damages arising in connection with the use of the service. This limitation of liability does not exclude or limit the Service Provider's liability towards Consumers to the extent that such exclusion or limitation is prohibited under mandatory provisions of Polish and EU law.

Analyses, lead assessments, and summaries generated by AI systems are of an exclusively informational and auxiliary nature. They do not constitute professional, legal, medical, or business advice. The Service Recipient bears sole responsibility for decisions made on the basis of content generated by AI systems.

§ 14. Termination and Account Suspension

The Service Recipient may terminate the electronic service agreement at any time by deleting the Account through the user panel or by submitting a termination statement by electronic means. Following termination, the Service Recipient's data will be processed in accordance with the Privacy Policy.

The Service Provider reserves the right to immediately suspend or delete the Service Recipient's Account in the event of: violation of these Terms, in particular § 5 and § 7; repeated triggering of the automatic content moderation system; use of the service in a manner that threatens the availability or security of the service for other Users; or failure to pay outstanding subscription fees. The Service Provider shall inform the Service Recipient of the reasons for suspension or deletion by electronic means (email). The Service Recipient has the right to appeal the suspension or deletion decision through the complaint procedure (§ 11).

§ 15. Changes to the Terms

The Service Provider reserves the right to amend these Terms for important reasons, in particular in the event of changes to applicable law or changes to the scope or manner of service provision. Material changes will be communicated to the Service Recipient at least 14 days in advance by electronic means, in accordance with Article 3a of the Act on the Provision of Electronic Services. Continued use of the service after the changes take effect constitutes acceptance of the new Terms. Should the Service Recipient not accept the changes, they have the right to terminate the agreement before the changes take effect.

§ 16. Out-of-Court Consumer Dispute Resolution

The Consumer may avail themselves of out-of-court complaint and redress mechanisms, in accordance with the Polish Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes (Journal of Laws 2016, item 1823, as amended). In particular, the Consumer may:

• Apply to the competent voivodeship inspector of the Trade Inspection Authority to initiate mediation proceedings for an amicable resolution of the dispute.
• Apply to a permanent consumer arbitration court operating at the voivodeship inspector of the Trade Inspection Authority to resolve the dispute.
• Seek free assistance from a municipal (county) consumer ombudsman or a social organisation whose statutory objectives include consumer protection.

A Consumer who is a citizen of an EU Member State may also use the European Commission's Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr. The Service Provider's email address for ODR purposes is listed on the service's contact page.

§ 17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Poland. In matters not regulated by these Terms, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, the GDPR, the Artificial Intelligence Act, and the Digital Services Act shall apply.

Disputes between the Service Provider and a Service Recipient who is not a Consumer shall be resolved by the court having jurisdiction over the Service Provider's registered office. Disputes involving a Consumer shall be resolved by the court having jurisdiction in accordance with the provisions of the Code of Civil Procedure. The Consumer's rights arising from mandatory consumer protection provisions in the Consumer's country of habitual residence remain unaffected, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).