Last Updated: March 5, 2024
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Superpowered Labs Inc. (Owner of Vapi) and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.1 (“Standard Terms”). Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Order Form
Cloud Service: "Vapi" is a Voice AI platform that equips developers with tools for crafting, testing, and deploying voicebots. Our service includes a versatile API for voice interactions, number provisioning, call handling, and a dashboard for customization and integration, while aligning with essential data protection standards.
Subscription Start Date: Date of Sign Up
Subscription Period: Pay-as-you-go, Invoiced Monthly
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Cloud Service Fees: Section 5.2 of the Standard Terms is replaced with: Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page. Within the Payment Period, Customer will pay Provider fees based on the Product tier selected at the time of account creation and Customer’s usage per Subscription Period. Provider may update Product pricing by giving at least 7 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period.
Payment Period: 1 day(s) from date of invoice
Invoice Period: Monthly
Professional Services: Vapi offers customized professional services beyond standard technical support. These services include personalized consultations, advanced implementation assistance, optimization strategies, and more, tailored to your specific needs. For inquiries and arrangements, please contact us at [email protected], and our team will assist you in determining the best solutions and services for your requirements.
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Superpowered Labs Inc. (Owner of Vapi)
Effective Date: The date Customer first accepts this Agreement.
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount: The fees paid or payable by Customer to provider in the 12 month period immediately before the claim.
Governing Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
Notice Address: For Provider: [email protected]
For Customer: The main email address on Customer's account
Acceptable Use Policy: By accessing or using Vapi services, you agree to comply with the following terms:
Violations of this policy may result in termination of service and legal action if necessary.
Security Policy: Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering.
Publicity Rights: Modifying Section 14.7 of the Standard Terms, Provider may identify Customer and use Customer’s logo and trademarks on Provider’s website and in marketing materials to identify Customer as a user of the Product. Customer hereby grants Provider a non-exclusive, royalty-free license to do so in connection with any marketing, promotion, or advertising of Provider or the Product during the length of the Agreement.
Add as Section 1.8: “Usage Data and Customer Content may be used to develop, train, or enhance artificial intelligence or machine learning models that are part of Provider’s products and services, including third-party components of the Product, and Customer authorizes Provider to process its Usage Data and Customer Content for such purposes. However, (a) Usage Data and Customer Content must be aggregated before it can be used for these purposes, and (b) Provider will use commercially reasonable efforts consistent with industry standard technology to de-identify Usage Data and Customer Content before such use. Nothing in this section will reduce or limit Provider’s obligations regarding Personal Data that may be contained in Usage Data or Customer Content under Applicable Data Protection Laws. Due to the nature of artificial intelligence and machine learning, information generated by these features may be incorrect or inaccurate. Product features that include artificial intelligence or machine learning models are not human and are not a substitute for human oversight.” Add at the end of Section 5.2: “If Customer does not pay undisputed fees within the Payment Period, Customer will pay interest on the overdue amounts at the rate of 1.5% per month or the maximum rate permitted by Applicable Laws, whichever is less. In addition, Customer will reimburse Provider for all costs of collection (including attorneys’ fees).”
Add at the end of Section 5.2: "If Customer does not pay undisputed fees within the Payment Period, Customer will pay interest on the overdue amounts at the rate of 1.5% per month or the maximum rate permitted by Applicable Laws, whichever is less. In addition, Customer will reimburse Provider for all costs of collection (including attorneys’ fees)."