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Terms of service

Below you will find our terms and conditions of Voixana. Please make sure you read and understand these terms before using our service.

Parties

These Terms and Conditions (“Agreement”) are entered into between:

  • Voixana on behalf of Gutteling IT services, established in Picassent, Valencia, Spain, acting as the service provider (“Provider”), and

  • The individual or legal entity accepting this Agreement (“Customer”).

Purpose of the Agreement

The Provider grants the Customer access to its software-as-a-service platform (“Service”) as described on the Provider’s website or order form. The Service may include cloud-based functionality, storage, user accounts, and related tools.

Acceptance of the Terms

By creating an account, clicking an acceptance button, or using the Service, the Customer confirms having read and accepted this Agreement. If the Customer does not agree, they must not use the Service.

Term and Access to the Service

  • The Provider grants the Customer a limited, non-exclusive, non-transferable license to use the Service as intended.

  • All intellectual property rights related to the Service remain the exclusive property of the Provider.

  • The Customer agrees not to modify, reverse engineer, copy, or resell the Service unless explicitly authorized.

  • The Customer must use the Service lawfully and avoid actions that compromise security or performance.

License and Permitted Use

  • The Agreement becomes effective upon acceptance by the Customer and remains active while the subscription or purchased bundle is valid.

  • The Provider will use commercially reasonable efforts to make the Services available 24/7, excluding planned maintenance (for which we will give reasonable notice where practicable) and events beyond our reasonable control. The Services are not guaranteed to be uninterrupted or error-free.

  • The Provider may update features, plans, or pricing when required and will notify the Customer no later than 60 days before the change takes effect, except in the case of additional features added at no extra cost, which may be implemented immediately with or without prior notice.

Acceptable use

You must not use the Services to: (a) violate any law or regulation, including telecommunications, anti-spam, and telemarketing rules; (b) make or facilitate unlawful, fraudulent, harassing, or unsolicited automated calls; (c) infringe the rights of any third party; (d) transmit malware or attempt to gain unauthorised access to the Services; or (e) use the Services in a way that could damage, disable, or impair them. You are solely responsible for the lawfulness of the calls handled through your account, including providing any notices your Callers are entitled to under applicable law.

Customer Data and Content

  • The Customer retains full ownership of the data they upload to the Service.

  • The Customer is responsible for ensuring that their content is lawful, accurate, and does not infringe third-party rights.

  • The Provider may restrict or remove content that appears unlawful, harmful, or in violation of these Terms.

Data Protection (GDPR)

  • Both parties shall comply with Regulation (EU) 2016/679 (GDPR).

  • Where the Provider processes personal data on behalf of the Customer, a Data Processing Agreement (DPA) governs such processing.

  • The Provider applies appropriate technical and organizational security measures.

  • The Customer retains all rights as a data subject under GDPR where applicable.

  • Sub-processors may be used under written agreements ensuring equivalent data protection.

  • Details regarding data protection practices can be found in the Provider’s Privacy Policy: www.voixana.com/privacy

EU Data Act Compliance

  • The Provider follows applicable obligations of the EU Data Act regarding fair access, usage, and interoperability.

  • The Customer may terminate the Agreement with a maximum notice period of 30 days (1 month).

  • There is no specific export tool or automated export functionality provided for Customer data.

Data portability and export

The Customer retains their own data and the data of their customers. On request, we will provide an export of your Customer Data (including call metadata, transcriptions, and summaries) in a structured, commonly used, machine-readable format (such as CSV or JSON), consistent with your rights under Regulation (EU) 2022/2868 (the Data Act) and the GDPR. After the export period, we delete or anonymise Customer Data in accordance with our Privacy Policy and any agreed retention terms, unless retention is required by law.

Pricing, VAT and Payment

Subscription Pricing and VAT Inside the EU

  • EU Subscription fees and bundle fees are presented without VAT by default.

  • The applicable VAT rate will be added based on the Customer’s location within the EU, following EU VAT rules.

Customers Outside the EU

    • For Customers located outside the EU, VAT will be applied or exempted according to EU VAT legislation and Spanish tax regulations governing cross-border digital services.

    • When VAT is applicable, it will be calculated based on the Customer’s billing address and the requirements of European and Spanish law.

Payment Terms

  • Fees are payable in advance at the start of each billing period via our payment provider (Stripe). You authorise us to charge your payment method on file for all applicable fees, including renewals and any usage-based overages (e.g. additional minutes) at the rates published on our pricing page.

  • If payment is overdue, the Provider may suspend access until the outstanding amounts are settled.

Automatic renewal

  • Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) for a further period of the same length, at the then-current price, unless cancelled before the renewal date. Payment for each renewal is taken automatically at the start of the new period.

  • For annual subscriptions, we will send a renewal reminder to your account email at least 30 days before the renewal date. You may turn off automatic renewal at any time from your account or by emailing support@voixana.com . Cancellation takes effect at the end of the current period, and you retain access until then.

Cancellation and Refund Policy (Subscriptions and Bundles)

Cancellation Period

  • The Customer may cancel their subscription at any time.

  • The maximum notice period is 30 days, tied to the current billing cycle.

Monthly Subscriptions

  • If cancelled, the subscription ends at the end of the current billing period.

  • No refund is granted for unused days within the last billing period.

Yearly Subscriptions

    • If cancelled, the contract remains active until the end of the current billing month.

    • A refund is issued for the remaining portion of the annual subscription after the current billing month ends.

Bundles of Minutes

    • Bundles of minutes are strictly non-refundable once purchased, regardless of usage.s.

Suspension and Termination

  • The  Provider may suspend or terminate access for non-payment, breach of these Terms, unlawful activity, or security risk. We will, where reasonable and lawful, give notice and an opportunity to remedy.

  • The Customer may terminate on 30 days’ notice.

  • Upon termination, access is removed and data is handled according to the retention and deletion provisions.

Service Levels, Warranties, and Liability

  • The Provider will deliver the Service using reasonable care and skill.

  • The Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that AI-generated transcriptions or summaries will be fully accurate.

  • Subject to the following paragraph, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim. We shall not be liable for indirect, incidental, or consequential loss, or for loss of profit, revenue, goodwill, or data, to the extent permitted by law.

    Nothing in these Terms excludes or limits either party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) any liability that cannot be excluded or limited under applicable mandatory law, including under the GDPR; or (e) obligations to pay amounts properly due.

  • You will indemnify us against third-party claims arising from your unlawful use of the Services or your breach of Section on Acceptable Use, except to the extent caused by our own breach or negligence

Intellectual Property and Confidentiality

  • The Customer owns all data uploaded to the Service.

  • The Provider owns all intellectual property rights related to the Service.

  • Both parties will treat confidential information as strictly confidential and will not disclose it unless legally required or necessary for service delivery.

Assignment and Subcontracting

  • The Customer may not transfer their rights under this Agreement without written approval.

  • The Provider may subcontract certain functions such as hosting or support, provided that confidentiality and data protection requirements are upheld.

Accessibility

  • We are committed to making the Services accessible to people with disabilities and comply with the accessibility requirements of Directive (EU) 2019/882 (the European Accessibility Act) as transposed in Spain by Ley 11/2023, de 23 de mayo, and its implementing regulations.

  • How the Services meet the requirements. Our web and mobile applications are designed and tested against the harmonised European standard EN 301 549, which incorporates the Web Content Accessibility Guidelines (WCAG) 2.1 at conformance level AA. This includes, among other measures: text alternatives for non-text content; sufficient colour contrast and support for light and dark themes; keyboard and assistive-technology operability; resizable text and responsive layouts; clear labelling of forms and controls; and consistent, predictable navigation.

  • Current status and known limitations. We assess conformance on an ongoing basis. As of [DATE], the Services are [substantially / partially] conformant with EN 301 549. Known limitations being remediated are listed in our standalone Accessibility Statement (see below).
    Where any part of the Services cannot yet be made fully accessible, we will, on request, provide the relevant information or an equivalent function through an alternative accessible means.

  • Accessible format. This accessibility information is provided in an accessible format and is also available as a standalone Accessibility Statement at voixana.com/accessibility. On request, we will supply it in an alternative format at no additional cost.

  • Feedback and enforcement. If you encounter an accessibility barrier, or wish to request information in an accessible format, contact us at support@voixana.com ; we aim to respond within 14 working days. If you are not satisfied with our response, you may contact the competent market-surveillance authority in Spain responsible for the accessibility of services.
 

Changes to the Terms

We may update these Terms from time to time. For material changes we will give reasonable notice (at least 30 days) by email or in-app, stating the effective date. Continued use after the effective date constitutes acceptance. If you do not agree, you may terminate before the changes take effect.

Governing Law and Jurisdiction

  • This Agreement is governed by the laws of Spain, including:
    – The Spanish Civil Code,
    – Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE),
    and applicable EU legislation.

  • These Terms are governed by the laws of Spain. The parties submit to the exclusive jurisdiction of the courts of Valencia, Spain, except that where you are entitled to mandatory consumer protections, this does not deprive you of the right to bring or defend proceedings in the courts of your country of residence.

Severability

If any provision is deemed invalid or unenforceable, the remaining provisions continue in full force.

Entire Agreement

This Agreement constitutes the complete understanding between the parties concerning the Service and supersedes all prior agreements or communications.

Company Information:
Voixana (Gutteling IT Services)
Lloc Urbanizacion Serra - Mar 1 46220, València, España

Last updated: 30th August, 2026