Terms of Service
The agreement for using EvaSay AI voice agents.
Last updated: October 29, 2026
These Terms of Service ("Terms") are a binding agreement between Ecolor Web Limited, a company incorporated in Hong Kong that operates EvaSay ("EvaSay", "we", "us" or "our"), and the business or organization that accepts them ("Customer", "you" or "your").
PLEASE READ THESE TERMS CAREFULLY. SECTIONS 13 (DISCLAIMERS), 14 (LIMITATION OF LIABILITY) AND 15 (INDEMNIFICATION) LIMIT OUR RESPONSIBILITY AND MAKE YOU RESPONSIBLE FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE. SECTION 17 REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES JURY TRIALS AND CLASS OR REPRESENTATIVE ACTIONS.
1.1 Acceptance. You accept these Terms by checking a box or clicking a button that refers to them, by creating an account or workspace, by buying a subscription or Credits, by signing an order that refers to them, or by using the Service. If you do not agree, do not use the Service.
1.2 Business use only. The Service is offered only to businesses and other organizations, and to individuals acting for the purposes of their trade, business or profession. It is not offered to consumers. By accepting these Terms you represent and warrant that:
1.3 Other documents. These Terms include the Privacy Policy, the Data Processing Addendum ("DPA", sent on request to support@evasay.com), and any order form, quote, or self-hosting arrangement that you and EvaSay have signed ("Order"). If they conflict, the following order applies: the Order (only for the services it covers), then the DPA (only for the processing of personal data), then these Terms, then the Privacy Policy, then our documentation.
3.1 You must provide accurate, complete and current account and billing information and keep it up to date.
3.2 You are responsible for all activity that occurs under your account, your workspaces and your API keys, whether or not you authorized it, including activity by Authorized Users and by any software, automated agent or AI tool you connect to the Service. We may treat any instruction received through your account or API keys as given by you.
3.3 You must keep passwords, API keys, deployment keys and other credentials confidential, limit access to people and systems that need it, and notify us without delay at support@evasay.com if you suspect unauthorized access. We are not liable for any loss or damage arising from unauthorized use of your credentials.
3.4 You are responsible for ensuring that your Authorized Users comply with these Terms. Any act or omission of an Authorized User is treated as your act or omission.
4.1 You direct every Call. The Service is a technology platform. You alone decide whether to place or answer Calls; whom to call, when and how often; what each Agent is instructed to say and do; which voice, greeting, disclosures and settings it uses; and which data it collects and where that data is sent. You, and not EvaSay, are the party that makes, initiates and is responsible for every Call and every communication sent through the Service, and you do so on your own behalf. EvaSay does not select Call recipients, does not determine the content of Calls, and processes Calls only as your service provider, following your configuration and instructions.
4.2 Compliance features are tools, not guarantees. The Service includes features designed to help you comply with Applicable Law, such as AI-disclosure greetings, recording notices and consent prompts, outbound consent confirmation, do-not-call lists, and limits on concurrent calls. You choose and configure these features. They may not cover every legal requirement, may not work as intended in every case, and do not constitute legal advice. Their availability does not transfer any of your legal obligations to EvaSay. We have no obligation to monitor your Calls, verify your consents, or prevent you from violating Applicable Law.
4.3 Carriers and phone numbers. EvaSay does not sell, lease or provide phone numbers or telecommunications services. You connect your own Carrier account and are solely responsible for it, including the Carrier's terms, the fees the Carrier charges you directly for numbers and calls, number registration and caller-identification requirements, and the accuracy of the caller ID you present. We are not responsible for any act or omission of a Carrier, including call blocking, call labeling, attestation levels, call quality, outages, number suspension, or account termination.
4.4 NO EMERGENCY SERVICES. THE SERVICE DOES NOT SUPPORT AND MUST NOT BE USED TO PLACE, ANSWER, ROUTE OR SUBSTITUTE FOR CALLS TO EMERGENCY SERVICES (SUCH AS 911, 112, 999 OR 110) OR ANY OTHER LIFE-SAFETY SERVICE. You are responsible for informing your Call Participants of this and for providing any alternative means of reaching emergency services required by law. EvaSay is not liable for any inability to reach emergency services, or for any delay or failure in doing so.
4.5 Free, trial and preview features. Free plans, trial Credits, and features labeled beta, preview, early access or similar are provided "as is", may be limited, changed or withdrawn at any time without notice, are not covered by any support or service commitment, and to the maximum extent permitted by law, EvaSay has no liability for them.
4.6 Changes to the Service. We may change, add, replace or remove features, voices, languages, AI models, processing locations and Third-Party Services used to provide the Service at any time, including to improve quality, cost or reliability, or to meet security, legal or operational needs. Where a change materially reduces the core functionality of a paid plan you are subscribed to, we will give reasonable advance notice where practicable.
4.7 No service levels unless signed. Any uptime, availability, latency, response-time, accuracy or support commitment applies only if it is set out in an Order signed by EvaSay. Statements on our website, in marketing materials, in documentation, in demonstrations or by our personnel about reliability, speed, quality, accuracy, languages or capacity describe the Service in general terms; they are not warranties or commitments.
5.1 General. You must use the Service, and make sure every Agent and Call complies, with all Applicable Law, including the laws of every place where you, your Call Participants and the recipients of your Calls are located. You are solely responsible for determining which laws apply and how to comply with them.
5.2 Outbound Calls and consent. Before any Agent places a Call to any person, you must:
When you confirm in the Service that you have obtained consent for a campaign or contact list, you represent and warrant to EvaSay that this confirmation is true for every number on it. We rely on your confirmation, do not verify it, and our record of your confirmation does not mean we have reviewed or approved your consents. You must provide proof of consent to us within five business days of our request.
5.3 AI disclosure. You must tell Call Participants that they are interacting with an AI system whenever Applicable Law requires it, and you must never represent, or instruct an Agent to represent, that an Agent is a human being, or deny being an AI when asked. Agents announce that they are AI by default. If you turn this announcement off, change it, or replace it with your own greeting, you are solely responsible for ensuring that your disclosures are adequate.
5.4 Recording, transcription and AI processing. Every Call is processed by automated systems, which convert speech to text and generate responses, whether or not audio recording is turned on. You are solely responsible for giving every notice and obtaining every consent that Applicable Law requires for this processing and for any recording, transcription, monitoring or analysis of Calls, including where the law requires the consent of all parties to a Call, and including disclosure that a service provider processes the Call on your behalf. You choose the recording and notice settings for each Agent; if you choose a setting that does not give notice or obtain consent, you do so at your own risk.
5.5 Privacy and data protection. As between you and EvaSay, you are the controller, business or equivalent party responsible for the personal information of Call Participants and of anyone else whose data you submit. You must provide all required privacy notices, have a valid legal basis for all processing you instruct, respond to requests from individuals and authorities, and ensure that your instructions to EvaSay comply with Applicable Law.
5.6 Restricted data. Unless EvaSay has expressly agreed otherwise in a signed Order, you must not use the Service, or configure any Agent, to collect, store or process:
If you or your Call Participants submit such data despite this Section, you do so at your own risk, and EvaSay has no obligation or liability with respect to it beyond the security measures it applies to Customer Content generally.
5.7 Voice cloning. Before you create a custom voice from any person's recording, you must obtain that person's express, informed, written consent to the creation of a synthetic voice and to each intended use, and you must keep that consent for as long as the voice exists and for any longer period required by law. This applies even if you own the recording. You are solely responsible for complying with all laws on biometric information, voice and likeness, publicity and personality rights, including any requirement to obtain a written release, publish a retention policy, or delete data. You must not create a voice of a minor without verified parental or guardian consent, or a voice of a public figure, celebrity or politician without their written authorization. We may require evidence of consent before enabling a custom voice, and may refuse, disable or delete any custom voice at any time.
5.8 High-risk and regulated uses. You are solely responsible for complying with all sector-specific laws that apply to your use, including laws on debt collection, political and election communications, healthcare, insurance, lending, financial services, employment, housing and education. Unless EvaSay has expressly agreed in a signed Order, you must not use the Service: (a) to provide medical, legal, financial, tax or other professional advice without review by a qualified human; (b) to make, or to be a substantial factor in making, decisions that produce legal or similarly significant effects for a person, including decisions on credit, employment, housing, insurance, education, healthcare or access to essential services; or (c) in any situation where an error or failure of the Service could lead to death, personal injury, or serious physical, property or environmental damage.
5.9 What your Agents do. You configure, and are solely responsible for, every action an Agent takes or triggers, including functions and tools it calls, webhooks it sends, transfers to people, bookings, orders, payments, messages, data written to your systems, and commitments or statements made to Call Participants. This is so even if the action results from misrecognized speech, inaccurate Output, or a Call Participant's deception. You must design your Agents with appropriate confirmations, limits and human review for the risks involved.
5.10 Complaints and investigations. You must respond promptly, and within any deadline we set, to our requests for information concerning complaints, Carrier or regulator inquiries, call-origin tracing requests, and legal process concerning your use of the Service, and you must provide records of your consents, call lists and Call Content when we ask. You agree that we may disclose your identity, account information and records of your Calls to Carriers, regulators, law enforcement, call-tracing bodies and persons alleging harm, where we believe in good faith that this is required by law or appropriate to investigate or prevent misuse.
You must not, and must not allow anyone to, use the Service to:
7.1 Your content. As between you and EvaSay, you retain your rights in Customer Content. You grant EvaSay and its service providers a worldwide, non-exclusive, royalty-free licence, for the term of these Terms and any period after it during which we retain Customer Content as permitted by these Terms, to host, store, copy, transmit, process, analyze, display and create derivatives of Customer Content as needed to provide, secure, maintain and support the Service, to prevent misuse, to bill, to comply with law, and to enforce these Terms.
7.2 Your warranties. You represent and warrant that you have obtained, and will maintain, every right, licence, consent, notice and authorization needed for EvaSay to process Customer Content as described in these Terms and the Privacy Policy, and that Customer Content and its use through the Service do not violate Applicable Law or any third party's rights.
7.3 Output. As between you and EvaSay, and to the extent permitted by law, you own the Output generated for you. Output is generated automatically and may be inaccurate, incomplete, inappropriate, or similar to output generated for others. Speech recognition may mishear, and Agents may misunderstand or say things you did not intend. You are solely responsible for testing your Agents, evaluating Output, and deciding whether and how to rely on it.
7.4 Service data. We may collect and use information about how the Service is used and performs, such as usage records, metering, timing, diagnostics and error data, and aggregated or de-identified data that does not identify you or any Call Participant ("Service Data"), to operate, secure, bill for, support and improve the Service. EvaSay owns Service Data. We do not use Call Content to train or fine-tune AI models without your permission.
7.5 Personal data we process for you. To the extent EvaSay processes personal information contained in Customer Content, it does so as your processor or service provider, on your behalf and in accordance with your documented instructions, which consist of these Terms, your configuration of the Service and the DPA. The DPA forms part of these Terms and applies automatically wherever data protection law requires a processing agreement; you do not need to sign a separate document, and EvaSay does not negotiate individual data processing agreements except in a signed Order. We apply reasonable technical and organizational security measures, but no service is completely secure and we do not guarantee that unauthorized access will never occur.
7.6 Retention, export and deletion. You are responsible for exporting and backing up Customer Content you wish to keep. The Service is not a backup or archival service. Content you delete may not be recoverable. After your account or workspace is closed or terminated, we have no obligation to retain Customer Content and may delete it after 30 days, except where we are required by law to keep it.
7.7 Your own systems. When you send Customer Content to your own storage, webhooks, functions, apps or other Third-Party Services, that data leaves EvaSay's control, and you are responsible for its security and for what happens to it there.
7.8 Review and removal. We may, but have no obligation to, review Customer Content and usage to investigate suspected violations of these Terms, to protect people or the Service, or to comply with law, and may remove or disable access to any Customer Content, Agent, voice or campaign that we reasonably believe violates these Terms or creates risk.
8.1 Your use of any Third-Party Service is governed by the terms between you and its provider. EvaSay does not control, endorse or warrant Third-Party Services and is not responsible for their acts, omissions, availability, security or charges, or for any data you send to them.
8.2 Some AI models used to provide the Service are licensed under terms that require us to pass certain use restrictions on to you. Those restrictions, set out in Annex A, form part of these Terms and bind you.
Self-hosted deployment is available only to workspaces for which EvaSay has agreed to it in an Order. During the term of that Order, EvaSay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and run the software we provide for self-hosting, on servers you control, solely to run your own Agents through the Service. You must not distribute, sublicense, modify, reverse engineer, or extract model weights or other components from that software, or use it apart from the Service. You are solely responsible for your infrastructure, its security, availability and capacity; for keeping deployment keys confidential; for the Call Content, recordings and data you keep there; for any third-party services or model accounts you configure; and for your compliance with Applicable Law. You must not tamper with usage reporting, metering or licence controls. When the Order or these Terms end, or if we revoke your deployment keys, you must stop using and delete the software and all copies. These Terms apply to self-hosted deployments except where the Order says otherwise.
10.1 Prices and usage. Calls are charged per minute in Credits, and other features, such as custom voices, may also use Credits. The applicable rates are shown in the Service and on our pricing page. We may change prices, rates and plans; changes to a paid subscription take effect from your next billing period after we give notice.
10.2 Reservation and settlement. When a Call starts, the Service reserves Credits, and when it ends, the Service charges the Credits for the Call's actual duration. If your balance is insufficient, new Calls may be refused; a Call already in progress is not cut off for that reason. You are responsible for all usage, including usage that exceeds your available balance. Any negative balance is an amount you owe EvaSay, and we may deduct it from Credits you later receive or buy, or charge it to your payment method. EvaSay's metering records are conclusive as to your usage, absent manifest error. You must notify us of any billing dispute within 30 days of the charge, or you waive it.
10.3 Credits. Credits are a prepaid licence to use the Service. They are not money, have no cash value, are not property, bear no interest, and cannot be transferred, sold, exchanged or redeemed for cash. Credits expire at the end of the validity period shown when they are granted or bought; unless the Service states otherwise, Credits granted with a subscription do not roll over. Trial, promotional and bonus Credits may be granted, limited or withdrawn at our discretion, and may be cancelled if obtained through abuse. All Credits are forfeited when your account is terminated.
10.4 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR THE SAME PERIOD, AT THE THEN-CURRENT PRICE, AND YOUR PAYMENT METHOD WILL BE CHARGED, UNTIL YOU CANCEL. You can cancel at any time in the billing settings of the Service. Cancellation takes effect at the end of the current billing period, and you keep access to your plan until then.
10.5 No refunds. All payments are non-refundable and non-cancellable, including for partially used billing periods and unused Credits, except where Applicable Law requires a refund or these Terms expressly provide one.
10.6 Taxes. Prices exclude taxes, duties and levies. You are responsible for all such amounts other than taxes on EvaSay's net income. If any withholding is required by law, you must increase your payment so that EvaSay receives the full amount it would have received without the withholding.
10.7 Payment processing. Payments are processed by third-party payment processors, and where a reseller or merchant of record processes your purchase, its terms also apply to that payment. You authorize EvaSay and its payment processors to charge your payment method for all amounts due. If a payment fails or is reversed, or you initiate a chargeback without first contacting us, we may suspend the Service, cancel your subscription, and recover the amount owed together with any fees we incur.
10.8 Carrier charges. Carrier fees for numbers, calls and messages are charged by your Carrier, not by EvaSay, and are your responsibility.
11.1 By you. You may stop using the Service and cancel your subscription at any time, and may ask us to close your account. No refund is due.
11.2 Suspension by us. We may immediately suspend or restrict all or part of the Service, any Agent, campaign, phone connection, voice or API key, with or without notice, if: (a) we reasonably believe you or an Authorized User have breached these Terms or Applicable Law; (b) we receive complaints, or a Carrier, regulator, court or law enforcement authority requests or requires it; (c) your usage shows patterns associated with unlawful or abusive calling, fraud or security risk; (d) a payment is overdue, fails or is reversed; or (e) suspension is reasonably necessary to protect the Service, EvaSay, other customers, or any person. You remain responsible for all fees during a suspension.
11.3 Termination by us. We may terminate these Terms and your access: (a) immediately, on notice, for any breach of Sections 5, 6 or 10, or for any other breach that you do not cure within 10 days of notice; (b) immediately, if required by law or by a Carrier or authority; or (c) for any reason on 30 days' notice. If we terminate under (c) and not because of your breach, we will refund the prepaid subscription fees for the unused remainder of your current billing period.
11.4 Effect. When your access ends, all licences granted to you end, your API keys and deployment keys are revoked, unused Credits are forfeited, and all unpaid amounts become due immediately. Sections 2, 3.2, 3.3, 4.1–4.4, 5, 7.1, 7.4, 7.6, 8.1, 10, 11.4 and 12–20, Annex A, the DPA (as set out in it), and any other provision that by its nature should survive, survive termination.
Non-public information that EvaSay discloses to you, including pricing and terms in an Order, self-hosting software and materials, security information, and non-public features, is EvaSay's confidential information. You must use it only to use the Service, protect it with at least reasonable care, and not disclose it to anyone other than your personnel and advisers who need to know it and are bound by confidentiality obligations at least as protective as these. This Section does not apply to information that is or becomes public through no fault of yours, that you already knew or independently developed, or that you are required by law to disclose, provided that you give us prompt notice where lawful.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUT, CREDITS AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. EVASAY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, EVASAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT CALLS WILL CONNECT, COMPLETE OR BE DELIVERED; THAT SPEECH WILL BE RECOGNIZED CORRECTLY; THAT OUTPUT WILL BE ACCURATE, COMPLETE, LAWFUL OR APPROPRIATE; THAT ANY COMPLIANCE FEATURE WILL MAKE YOUR USE LAWFUL; OR THAT CUSTOMER CONTENT WILL NOT BE LOST. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVASAY CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE SERVICE AND RELY ON OUTPUT AT YOUR OWN RISK.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVASAY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS OR DATA, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVASAY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO EVASAY FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT THAT FIRST GAVE RISE TO LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US$100). FOR FREE PLANS, TRIAL CREDITS AND PREVIEW FEATURES, EVASAY'S TOTAL LIABILITY WILL NOT EXCEED FIFTY U.S. DOLLARS (US$50).
14.3 EVASAY HAS NO LIABILITY FOR: THE CONTENT OF ANY CALL OR OUTPUT; ANY ACTION TAKEN BY AN AGENT; YOUR OR YOUR CALL PARTICIPANTS' VIOLATION OF APPLICABLE LAW; ANY ACT OR OMISSION OF A CARRIER OR OTHER THIRD-PARTY SERVICE; UNAUTHORIZED USE OF YOUR CREDENTIALS; OR ANY INABILITY TO REACH EMERGENCY SERVICES.
14.4 These limitations apply even if a remedy fails of its essential purpose, and they reflect an agreed allocation of risk that is an essential basis of the bargain between you and EvaSay; the prices of the Service would be substantially higher without them. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, such as liability for fraud or for death or personal injury caused by negligence, and in that case our liability is limited to the fullest extent the law permits.
14.5 Any claim against EvaSay arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose, or it is permanently barred.
You will defend, indemnify and hold harmless EvaSay, its affiliates, licensors and service providers, and their respective officers, directors, employees and agents (the "EvaSay Parties"), from and against any and all claims, demands, investigations, proceedings, losses, damages, judgments, settlements, fines, penalties, statutory damages, Carrier charges and penalties, costs and expenses (including reasonable legal and expert fees) arising out of or relating to: (a) any Call, Agent, Customer Content or Output generated for you; (b) any action taken by an Agent or triggered through your functions, webhooks or integrations; (c) your or your Authorized Users' breach or alleged breach of these Terms or of Applicable Law, including laws on telemarketing, consent, do-not-call lists, AI disclosure, call recording, privacy, biometric information and voice or likeness rights; (d) any claim by a Call Participant, any person whose voice you cloned, any person whose data you submitted, a Carrier, or a regulator relating to your use of the Service; (e) your Carrier account or other Third-Party Services you use; or (f) your self-hosted deployment.
We may control the defense and settlement of any such matter with counsel of our choice, at your expense, and you will cooperate fully with us. You may not settle any matter that imposes any obligation or admission on an EvaSay Party without our prior written consent. Your obligations under this Section are not limited by Section 14.
EvaSay and its licensors own all rights in the Service, including software, models, voices provided by EvaSay, documentation, trademarks and Service Data. Except for the limited rights expressly granted in these Terms, no rights are granted to you, by implication or otherwise. Subject to these Terms, EvaSay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your subscription for your internal business purposes. If you give us suggestions, ideas or feedback, we may use them for any purpose without restriction or obligation to you.
17.1 Governing law. These Terms, and any dispute or claim arising out of or relating to them or the Service, including non-contractual disputes or claims, are governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong"), without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17.2 Notice first. Before starting an arbitration, you must send EvaSay a written notice of your claim at support@evasay.com, describing the claim, the facts it is based on and the relief you seek, and the parties will try in good faith to resolve it for 60 days after the notice is received. Any limitation period is not extended by this Section. This Section does not apply to claims by EvaSay for amounts you owe or for relief under Section 17.6.
17.3 Arbitration. Any dispute, controversy, difference or claim arising out of or relating to these Terms or the Service, including the existence, validity, interpretation, performance, breach or termination of these Terms, or any dispute regarding non-contractual obligations arising out of or relating to them, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause is Hong Kong law. The seat of arbitration is Hong Kong. The tribunal will consist of one arbitrator. The arbitration will be conducted in English. Where the HKIAC Administered Arbitration Rules allow it, the arbitration will be conducted under their expedited procedure. A Notice of Arbitration and other documents may be served on you by email to the account owner's address.
17.4 Award, costs and confidentiality. The award is final and binding on the parties from the day it is made, and judgment on it may be entered in any court of competent jurisdiction. To the extent they may lawfully do so, the parties waive any right to appeal or other recourse to any court against the award, and the opt-in provisions in Schedule 2 to the Arbitration Ordinance (Cap. 609) do not apply. The tribunal will award the prevailing party its reasonable costs, including legal fees and the fees and expenses of the arbitration. The existence, content and outcome of the arbitration, and all documents produced in it, are confidential, except as needed to enforce or challenge an award or as required by law.
17.5 CLASS ACTION AND JURY WAIVER. YOU AND EVASAY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. NO ARBITRATION UNDER THESE TERMS MAY BE CONSOLIDATED OR JOINED WITH ANY ARBITRATION INVOLVING ANY OTHER CUSTOMER OR PERSON WITHOUT EVASAY'S WRITTEN CONSENT. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND EVASAY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
17.6 EvaSay's additional options. Despite Section 17.3, EvaSay may, at its sole option, bring proceedings to recover amounts you owe, or to protect its intellectual property, confidential information or the security of the Service, in the courts of Hong Kong or in any court of competent jurisdiction where you are located or have assets. Either party may apply to any court of competent jurisdiction for interim or conservatory measures, including, where available, measures in aid of arbitration from the courts of the Mainland of China. You may bring claims against EvaSay only by arbitration under Section 17.3. Subject to the foregoing, the courts of Hong Kong have exclusive jurisdiction over any matter that is not referred to arbitration.
You must comply with all applicable export control and sanctions laws. You must not use, export, re-export or provide access to the Service in or to any embargoed country or region, or to or for any person on a restricted-party list, or for any prohibited end use. You must not offer or give anything of value to any EvaSay personnel or any government official in connection with these Terms in violation of anti-corruption laws.
We may change these Terms at any time. We will post the updated Terms on this page and update the date at the top. For changes that materially reduce your rights or increase your obligations, we will also notify the account owner by email or in the Service at least 15 days before the change takes effect, unless the change is required by law or made to address security or misuse, in which case it may take effect immediately. If you do not agree to a change, you must stop using the Service and cancel your subscription before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the changed Terms.
20.1 Entire agreement. These Terms, together with the documents listed in Section 1.3, are the entire agreement between you and EvaSay about the Service and supersede all prior or contemporaneous understandings. Terms in any purchase order or other document you provide do not apply, even if accepted or signed by EvaSay.
20.2 Assignment. You may not assign or transfer these Terms or any rights under them, by operation of law or otherwise, without EvaSay's prior written consent. EvaSay may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, corporate reorganization or sale of assets.
20.3 Force majeure. EvaSay is not liable for any delay or failure to perform caused by events beyond its reasonable control, including failures or outages of Carriers, telecommunications networks, internet, cloud, hosting or AI service providers; cyberattacks; power failures; labor disputes; acts of government; epidemics; war; terrorism; and natural disasters.
20.4 Notices. We may give you notices by email to the account owner's address, through the Service, or by posting on our website, and notices are effective when sent or posted. You must send legal notices to EvaSay by email at support@evasay.com. You consent to receiving all communications from us electronically.
20.5 Severability and waiver. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force. Failure or delay in enforcing any provision is not a waiver.
20.6 Relationship. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship. EvaSay is not your agent for placing or answering Calls.
20.7 No third-party beneficiaries. These Terms do not confer any rights on any third party, including Call Participants, except that the EvaSay Parties may enforce Sections 14 and 15, and except for rights that the standard contractual clauses incorporated in the DPA require to be given to data subjects. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) does not otherwise apply.
20.8 Interpretation and language. Headings are for convenience only. "Including" means "including without limitation". These Terms will not be construed against either party as the drafter. These Terms may be translated into other languages for convenience; if a translation conflicts with the English version, the English version controls.
Questions about these Terms can be sent to support@evasay.com.
Speech synthesis in the Service uses third-party AI models, including Supertonic-3, published by Supertone, Inc. under the BigScience Open RAIL-M License. That licence requires us to notify you, and we hereby do, that the model, any derivative of the model, and any custom voice generated through the Service are subject to the use restrictions below, and that those restrictions apply to you as binding terms of these Terms. A copy of the licence is available on request at support@evasay.com and is provided with any model weights EvaSay delivers to you, including for self-hosted deployments.
When using features of the Service that rely on these models, you agree not to use them, any derivative of them, or any output generated with them:
You must impose equivalent restrictions on anyone you allow to use these features through your workspace or through your published Agents, web pages and integrations.