Voice AI Supplemental Terms

AI Agents act only on the instructions, scripts, knowledge, contact lists and settings the Customer provides. The Customer decides who is called, when, and what an AI Agent is instructed to say. Section 1.16 of the GTC applies to every call an AI Agent places or answers. Where DialCru helps draft an AI Agent’s instructions, scripts or knowledge, Section 4.8 of the GTC applies.

The Customer must review and test each AI Agent’s configuration before it places or answers live calls, and again after any material change to its instructions, knowledge, Voice or contact lists.

The Customer must monitor its AI Agents’ calls and outcomes, keep any configured transfer or escalation to a person working, and pause an AI Agent that behaves unexpectedly.

Section 2.4 of the Acceptable Use Policy and the Voice Provider’s Prohibited Use Policy apply to all use of the Voice AI Service, its Voices and its output.

Before an AI Agent calls anyone, the Customer must have the consent or other lawful basis that applicable law requires for that call. This includes, where they apply, prior express written consent for calls to US consumers using an artificial or pre-recorded voice (which includes an AI-generated voice), and section 69 of POPIA for direct marketing by automatic calling machine in South Africa.

The Customer must configure each AI Agent to tell Called Parties that they are speaking with an AI where applicable law requires it (including Article 50 of the EU AI Act, where it applies) or where not doing so would materially mislead them, and in every case when a Called Party asks. The Customer must not instruct an AI Agent to claim to be a person.

Where calls are recorded or transcribed, the Customer must give the notice, and obtain the consent, that applicable law requires. Some jurisdictions require the consent of every party to the call.

AI Agents must honour a Called Party’s request not to be called again. The Customer must add the number to its do-not-call list promptly and apply that list to all of its campaigns.

Calls must be placed only at times the law permits for the Called Party, must identify the business on whose behalf the call is made, and must present a callback number where the law requires one. The Calling Compliance page summarizes some of the rules that apply.

Stock Voices may be used only within the Service and subject to the Voice Provider’s terms.

The Customer may request a Custom Voice only from recordings of a person who has given explicit, informed and written consent to:

1. (a)
   the recording of their voice;
2. (b)
   the creation of a voice model from those recordings;
3. (c)
   the use of that voice model in calls placed or answered on the Customer’s behalf; and
4. (d)
   the processing of the recordings and voice model by DialCru and the Voice Provider, including the Voice Provider’s use of voice models to provide, secure and improve its services under its Terms of Use.

The Customer must keep a record of each consent and provide it to DialCru on request.

The Customer must not create or use a Voice that imitates a real person, public figure or organization without authorization, and must not submit recordings of anyone under 18.

If a person withdraws their consent, the Customer must stop using the Custom Voice and ask DialCru to delete it. DialCru may suspend or remove any Voice it reasonably believes is used without authorization.

Voice recordings and voice models may be biometric data or special personal information under Data Protection Law. The Customer is responsible for having a lawful basis to process them.

What an AI Agent says, and the transcripts, summaries and outcomes the Service produces, are generated by AI and may be inaccurate, incomplete or inappropriate. They are not professional, medical, legal or financial advice.

The Customer is responsible for what its AI Agents say on calls placed or answered on its behalf, and for reviewing Call Content before relying on it. An outcome an AI Agent records, such as “qualified” or “interested”, is an AI assessment of the call, not a completed sale.

The Customer must not use AI Agents or Call Content to make, or materially influence, decisions about a person’s eligibility for insurance, credit, employment, housing, healthcare or other essential services without meaningful human review, and must not use AI Agents to give personalized financial, legal or clinical advice.

The Customer must not configure an AI Agent to collect payment card or bank account numbers, government-issued ID numbers or health information without DialCru’s prior written agreement.

As between the parties, the Customer retains its rights in Call Content under Section 10.2 of the GTC. DialCru, the Voice Provider and their licensors retain all rights in the Service and in the AI models used to produce Call Content, which do not form part of it.

The Voice AI Service runs on infrastructure provided by the Voice Provider, which processes Call Content and Custom Voice recordings to provide it. The Customer agrees to comply with the Voice Provider’s Prohibited Use Policy and with its Terms of Use to the extent they govern use of its services through DialCru.

The Voice Provider may use third-party AI systems, currently Google Gemini, OpenAI, and Anthropic via Google Vertex AI, to support features such as content generation, processing and analysis, as described in its AI transparency statement. DialCru may also use the AI providers listed on the Sub-processors page.

Whether the Voice Provider may use Call Content to improve its models is governed by its terms and the data-use settings that apply to DialCru’s account with it. DialCru will tell the Customer which settings apply on request.

DialCru may change or add Voice Providers. It will update the Sub-processors page as the Data Processing Agreement requires.

A fault or outage in the Voice Provider’s systems is an Excluded Event under Section 1.10 of the GTC.

The Data Processing Agreement applies to personal data in Call Content and Custom Voice recordings, with DialCru as processor and the Voice Provider as a sub-processor.

The Voice Provider processes data in the United States. ElevenLabs has certified that it adheres to the EU-U.S. Data Privacy Framework, the UK Extension to it and the Swiss-U.S. Data Privacy Framework (see its Data Privacy Framework policy). Transfers are made as set out in Section 12 of the Data Processing Agreement.

Recordings and transcripts are kept in line with the Customer’s settings, its Plan and the Data Processing Agreement, and are deleted after termination as set out in Section 12 of the Subscription and Billing Terms.

The Voice AI Service is billed per Voice AI billable minute, at the rate for the Customer’s Plan shown in its DialCru account, which depends on the AI Agent configuration chosen. Telephony minutes and QA analysed minutes are billed separately, as set out in the Subscription and Billing Terms.

The Customer’s Plan sets out how unanswered calls, voicemail, transfers and simultaneous call legs are charged.

The Customer is responsible for all usage on its account, including usage caused by a misconfigured AI Agent or by compromised credentials, as set out in Section 2.9 of the GTC.