Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Smart Hub LLC, a New Mexico limited liability company doing business as VoiceRef ("VoiceRef," "we," "us," or "our"), governing your access to and use of the VoiceRef platform available at getvoiceref.com, including all related services, features, and applications (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

VoiceRef is an AI-powered reference checking platform that automates the process of conducting professional reference interviews via telephone. The Service includes:

• Automated outbound phone calls to references using AI voice technology
• SMS-based consent collection from references before any calls are placed
• AI-conducted reference interviews with structured questioning
• Transcript generation and AI-powered analysis of reference responses
• Professional evaluation reports delivered via email and dashboard
• A web-based dashboard for managing candidates, references, and reports

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or use of your account
• Keeping your account information current and accurate

We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any purpose other than legitimate employment reference checking
• Submit false, misleading, or fraudulent reference information
• Attempt to circumvent consent requirements or contact references without proper authorization
• Use the Service to harass, intimidate, or discriminate against any person
• Collect information about references that violates applicable employment laws
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated scripts, bots, or other means to access the Service in an unauthorized manner
• Resell, sublicense, or redistribute the Service without our prior written consent
• Interfere with or disrupt the integrity or performance of the Service

6. Consent and Compliance

You acknowledge and agree that:

• You have obtained proper authorization from the candidate to contact the references you submit
• All reference contact information you provide is accurate and belongs to the intended reference
• You will comply with all applicable federal, state, and local laws regarding employment reference checks, including but not limited to the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), and applicable state privacy laws
• You understand that references must provide explicit consent before any call is placed

7. Subscription Plans and Billing

The Service is offered under subscription plans with varying usage limits. By selecting a paid plan, you agree to pay the applicable fees as described at the time of purchase.

• Billing cycle: Subscriptions are billed monthly. Your billing cycle begins on the date of your initial subscription purchase.
• Usage limits: Each plan includes a specific number of reference checks per billing period. Usage resets at the start of each billing cycle.
• Automatic renewal: Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
• Price changes: We may change subscription pricing with at least 30 days' notice. Continued use after a price change constitutes acceptance.
• Payment processing: All payments are processed securely through Stripe. We do not store your payment card details on our servers.

8. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us at hello@getvoiceref.com. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will not be charged for subsequent billing periods
• No partial refunds are provided for unused portions of a billing period
• Your data will be retained for 30 days after cancellation, after which it may be permanently deleted

Refund requests for exceptional circumstances may be submitted to hello@getvoiceref.com and will be reviewed on a case-by-case basis.

9. Intellectual Property

The Service, including its design, features, code, documentation, trademarks, and all related intellectual property, is owned by Smart Hub LLC. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

You retain ownership of any data you submit to the Service (candidate information, reference details). By using the Service, you grant us a limited license to process this data solely for the purpose of providing the Service to you.

10. Data and Reports

Reference check reports generated by the Service are provided for informational purposes to assist in your hiring decisions. You acknowledge that:

• Reports are generated using AI analysis and may not capture all nuances of a reference's responses
• Reports should be used as one of several factors in making hiring decisions, not as the sole basis
• VoiceRef does not guarantee the accuracy, completeness, or reliability of any information provided by references
• You are responsible for verifying any information obtained through the Service

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICEREF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Smart Hub LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any data or content you submit through the Service
• Your hiring decisions based on reports generated by the Service

14. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable.

Upon termination, your right to use the Service will cease immediately. You may request a copy of your data within 30 days of termination by contacting hello@getvoiceref.com.

15. Communications

By creating an account, you consent to receive the following communications from VoiceRef:

• Transactional emails: Reference check reports, call notifications, account confirmations, billing receipts, and security alerts. These are essential to the Service and cannot be opted out of.
• Product updates: New features, improvements, tips for getting the most out of VoiceRef, and service announcements.
• Educational content: Best practices for reference checking, hiring insights, and industry updates.

You may opt out of non-transactional communications at any time by clicking the "unsubscribe" link included in every email or by updating your notification preferences in your account settings. Opting out of marketing communications does not affect transactional emails related to your account or active reference checks.

16. Data Usage for Service Improvement

By using the Service, you acknowledge and agree that VoiceRef may access, review, and analyze data generated through the platform — including call transcripts, audio recordings, AI-generated reports, and usage patterns — for the following purposes:

• Quality assurance: Reviewing call quality, AI accuracy, and report reliability to ensure the Service meets professional standards
• Service improvement: Analyzing aggregated and anonymized data to improve AI models, conversation flow, analysis accuracy, and credibility assessment capabilities
• Support and troubleshooting: Accessing individual account data when necessary to resolve technical issues or respond to support requests
• Safety and compliance: Monitoring for misuse, fraud, or violations of these Terms

When data is used for service improvement and AI training purposes, it will be anonymized and aggregated whenever possible. Individual call data will not be shared with other customers or made publicly available. Your data remains yours — this license is limited to operating and improving the Service as described above.

This data usage license survives termination of your account for data already processed, but we will honor deletion requests as described in our Privacy Policy.

17. Publicity

You grant VoiceRef a limited, non-exclusive, royalty-free right to identify your organization as a customer of VoiceRef and to use your company name and logo on our website, marketing materials, case studies, and customer lists (e.g., "Trusted by" sections). This right applies only to factual identification of your organization as a user of the Service and does not imply endorsement.

You may revoke this right at any time by sending a written request to hello@getvoiceref.com. Upon receiving your request, we will remove your company name and logo from our materials within 30 days.

18. Telephony Compliance and Call Recording

The Service places automated outbound phone calls to references and records those calls for transcript generation and AI analysis. By using the Service, you acknowledge, represent, and warrant that:

• TCPA compliance: You have obtained all necessary consents required under the Telephone Consumer Protection Act (TCPA) and applicable FCC regulations before initiating any calls through the platform. You are the "initiator" of calls in the legal sense — VoiceRef provides the technology platform but does not independently determine whom to call.
• Call recording consent: You are responsible for ensuring compliance with all applicable call recording laws, including two-party and all-party consent states (such as California, Florida, Illinois, and Pennsylvania). While VoiceRef provides disclosure at the start of each call, you are responsible for ensuring that references are aware of and consent to being recorded in accordance with the laws of their jurisdiction.
• Consent records: You will maintain records of all consents obtained from candidates and references, and will make such records available to VoiceRef upon request in the event of a legal inquiry or dispute.
• TCPA indemnification: You agree to indemnify, defend, and hold harmless VoiceRef from any claims, fines, penalties, or liabilities arising from TCPA violations, unauthorized call recording, or any failure to obtain required consents for calls placed through the Service on your behalf.

19. Biometric and Voice Data

The Service processes voice recordings and may generate AI-derived voice data, including transcripts that differentiate between speakers. Certain jurisdictions, including Illinois (BIPA), Texas, and Washington, have enacted laws governing the collection and use of biometric identifiers, which may include voiceprints or voice-derived data.

You acknowledge and agree that:

• You are the data controller for reference voice data collected through the Service. VoiceRef acts as a data processor on your behalf.
• You are responsible for ensuring that the individuals whose voices are recorded (the references) have been informed of and have consented to the recording and AI processing of their voice data, including in jurisdictions with biometric privacy laws.
• VoiceRef does not sell, lease, or trade biometric data. Voice recordings and derived data are processed solely for the purpose of providing the Service.
• Voice recordings are retained in accordance with our Privacy Policy and may be deleted upon request.

20. Third-Party Services

The Service incorporates and depends upon third-party services for telephony, AI voice synthesis, speech recognition, data analysis, payment processing, and cloud infrastructure. These services operate independently of VoiceRef and are subject to their own terms of service, privacy policies, and availability.

VoiceRef is not responsible for any outages, disruptions, changes, or failures caused by third-party service providers. We do not guarantee the availability, performance, or continued operation of any third-party service. In the event that a third-party service becomes unavailable or changes its functionality, we will make commercially reasonable efforts to find alternatives, but we are not liable for any resulting impact to the Service.

21. Service Availability

VoiceRef does not guarantee any specific uptime percentage or uninterrupted service availability. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled outages, third-party service disruptions, or circumstances beyond our reasonable control.

We will make commercially reasonable efforts to minimize downtime and to notify users of planned maintenance in advance. No credits, refunds, or compensation are owed for periods of unavailability unless explicitly stated in a separate written Service Level Agreement (SLA).

22. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from events beyond the party's reasonable control, including but not limited to: natural disasters, acts of government, pandemics, wars, terrorism, internet or telecommunications outages, power failures, disruptions to third-party services, labor disputes, or cyberattacks.

The affected party shall provide notice of the force majeure event within a reasonable time and shall use commercially reasonable efforts to mitigate its impact. If a force majeure event continues for more than sixty (60) days, either party may terminate these Terms without penalty upon written notice to the other party.

23. Assignment

VoiceRef may assign, transfer, or delegate its rights, obligations, and agreements under these Terms (including customer accounts and associated data) to any successor entity in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, with or without prior notice to you, provided that the successor entity is bound by substantially similar obligations toward you as those set forth in these Terms.

You may not assign, transfer, or delegate your account or any rights or obligations under these Terms without the prior written consent of VoiceRef.

24. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

25. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of laws principles.

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Albuquerque, New Mexico, in accordance with the rules of the American Arbitration Association.

26. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

27. Contact Information

If you have any questions about these Terms, please contact us at: