Terms and conditions of subscription and use
services
VOXELIS SAS - 122 Rue Croix de Seguey - 33000 BORDEAUX - FRANCE
RCS 682 015 888 BORDEAUX - Tel.: 05 57 22 92 10 - Web: www.voxelis.fr
1. Subject
These Terms and Conditions of Subscription and Use (hereinafter referred to as the «TCU») are published by Voxelis SAS, located at 122 rue de la Croix de Seguey 33000 Bordeaux (France), registered under the number RCS BORDEAUX 682 015 888, for the services that Voxelis offers in the form of a website in «Software As a Service (SaaS)» mode under the trade name «Voconix». The purpose of the CAU is to define (i) the conditions of subscription and use of Voconix Services and (ii) the rights and obligations of each Party in the context of the Subscription.
Definitions
«Platform» means the technical infrastructure made up of all the hardware, source and object codes, software, operating system, databases and environment managed by Voconix and its partners and accessible remotely in Saas (Software As a Service) mode by Users, enabling the User to create a dedicated space and use the Services made available by Voconix.
«Site» refers to the voconix.fr website operated by Voconix, or one of its foreign language variants.
«Service» refers to the service made available to Users for the purposes of their professional activities on the Platform. The Services include the editing, production and downloading of voice messages mixed with music, as well as complementary or related services.
«User Account» or «Account» refers to the personal account attached to a User enabling him/her to access the functionalities of the Services depending on the subscription chosen and his/her associated rights.
«Subscriber» means any natural or legal person who has created an Account or subscribed to the Services by accepting the CAU.
«Subscription» means secure access to an Account and subscription to the associated Services, whether this subscription is free of charge or subject to a charge.
2. Subscription
Subscribers« acceptance of these TUA is evidenced by the initial creation of a User Account, by clicking on a tick box with an explicit mention on the »Create your account" page. By subscribing to the Services, when creating their Account or subsequently to additional Services, Subscribers accept these CAU and expressly waive any other general or special conditions, or any general conditions of purchase.
To create an Account and a Subscription on Voconix, you need to be a professional user, i.e. any self-employed professional individual or any legal entity through its legal representative or a person with the power to bind it. The creation of an Account and a Subscription is not open to private individuals.
An Account must be created using a valid email address. An email validation procedure is initiated by Voconix after the account creation request. If this procedure fails, Voconix will close the Account without notice.
Voconix reserves the right to refuse a request to create an Account for a legitimate reason.
2.2 Type of subscription
All Subscribers have an Account giving them access to a secure personal space, in which (i) they store, enter and configure information and settings specific to them, and can edit message templates, which constitutes the main Service, (ii) they subscribe to and use Services, such as downloading the final audio files of their message editions, or increasing certain features of their Account, (iii) they create Users attached to their organisation and their Account.
The subscription includes :
- the free Services inherent in creating and maintaining an active Account
- free or paid Services subscribed through a free or paid plan, concluded for a period of 12 months within which the rights linked to the chosen Services apply
- free or paying Services taken out on a one-off basis, intended to be consumed quickly.
When a Subscriber has an Account without having subscribed to a paid annual Subscription, they are considered to be on a «Free Subscription». The purpose of a Free Subscription is to allow the Subscriber to discover and test access to the Services, to allow them to retain access to their Account for a limited period, to subscribe to one-off Services, or to convert their Free Subscription into a Paid Subscription.
The Free Subscription to the Services is subject to the terms of the CAU. The Services that may be used with this Free Subscription do not include all the features of the paid Services, and the scope and content of the Free Subscription Services is subject to change by Voconix without notice.
A Subscriber who has already benefited from a Free Subscription and who has been closed, will no longer be able to create another Account free of charge, unless the Voconix Customer Service intervenes exceptionally.
The Free Subscription User undertakes not to open several Accounts on several email addresses in order to benefit from free Services for the same organisation under different identifiers.
Access to a Free Subscription is not intended to be retained for an indefinite period of time. Voconix reserves the right to suspend or terminate any Free Subscription whose Subscriber information is not correctly entered or in the event of prolonged account inactivity, in accordance with the provisions of article 12.
2.3 Subscriber information
The Subscriber undertakes (i) to provide Voconix with all the information necessary for the provision of Services, invoicing and payment and to update this information in the event of any change; (ii) to allow access to the Platform only to Users identified and authorised by the Subscriber to have access, and to ensure that these Users also comply with the terms of the CAU.
3. Terms and conditions of use
When using the Services, the User undertakes to :
- use and access the Services in accordance with the CAU, help documentation, and instructions provided by Voconix staff; ;
- not to degrade the performance of the Platform;
- not to access the Platform, its Services and its documentation with the aim of assisting in the development by itself or by a third party of services competing with Voconix Services;
- check that its computer system, configuration, Internet browsing software, telecoms connections and anti-virus and anti-piracy protection are adequate for use of the Services;
- use the Services in compliance with current legislation;
- not to use the Services in a way that may damage Voconix's reputation;
- that the data communicated by the User does not prejudice the rights of third parties and to be authorised to reproduce and/or distribute it; ;
- that the content of the Messages (a) is not illegal or does not promote illegal activities; (b) does not defame, threaten or incite violence; (c) does not contain viruses, worms, malicious software, Trojan horses and/or any other content designed or intended to disrupt, damage and/or limit the operation of the Platform and/or to damage and/or obtain unauthorised access to any data.
Each Subscriber/User is responsible for the use they make of the Services, and for the data transmitted in the free fields provided on the Platform. Users undertake not to provide sensitive data or data of a highly personal nature within the meaning of the RGPD, or any other information subject to specific regulations restricting its use.
4. Maintenance and updates
The Subscriber acknowledges and accepts that Voconix may modify its Platform and implement updates and/or new versions of the Platform in order to improve the quality and/or functionality of the Services. These changes may modify the way in which the Services are operated, for example in terms of ergonomics, data presentation and performance. Voconix will make its best efforts to limit the impact of modifications and to inform the Subscriber/User within a reasonable time by all available means.
Maintenance operations may also be carried out by Voconix in order to maintain the proper functioning of the Services and the Platform. Voconix will make its best efforts to minimise the duration of such operations and their possible consequences (disruption of Services, temporary unavailability).
5. Obligations, responsibilities and warranty
The Platform is a solution provided in standard «SaaS» mode, which the Subscriber and/or User expressly acknowledges and accepts. It is therefore not intended to meet any individual and/or specific requirement of the latter. Voconix excludes all warranties of any kind, to the extent permitted by law.
In its capacity as publisher of a SaaS solution, Voconix's main obligation is to make the Services available, using technical means that enable the Services to function properly and to be maintained. As a technical intermediary, Voconix is bound by an obligation of means under the CAU.
The Subscriber and/or User acknowledges that the provision of Services depends on the reliability, availability and continuity of third party suppliers (telecommunications operators, public internet infrastructure). Voconix cannot be held responsible for any interruption of the Services, bugs, errors, transmission failure or any other event beyond its control, in particular due to third party suppliers.
The Subscriber and/or User accepts and acknowledges that Voconix may be held liable exclusively for direct and foreseeable damage, subject to proof of the direct causal link between the damage observed and proof of the contractual breach. Excluded are (i) all damages that do not result exclusively and directly from the failure of Voconix's Services, (ii) any indirect and/or unforeseeable or consequential damages, in particular in the event of interruption of Services, loss of customers, commercial disturbance, damage to image and/or reputation, loss and/or deterioration of data, delay in performance of Services, and damages not resulting exclusively and directly from the failure of Voconix's Services, suffered by the Subscriber and/or User. Voconix is exempt from all liability in the event of negligence or improper use of the Services.
Voconix's entire liability for all claims relating to or arising out of the performance of the Services shall not exceed the total of the prices paid by Subscriber for the Services at issue, pursuant to the CAU, during the twelve (12) months preceding the event giving rise to the claim. This limitation of liability constitutes a determining condition of Voconix's commitment.
6. Prices - Invoicing - Payment terms
6.1 Prices
The Subscriber undertakes to pay Voconix the prices for Services appearing on the electronic invoices.
Voconix may change all or part of the Service prices applicable to the Services. The Subscriber will be informed by Voconix, by any means, one (1) month before the new Service prices come into force. If the Subscriber has taken out an annual subscription, the change will take place at the end of the period for which the Subscription has been paid. The Subscriber has the right to refuse this increase and, if he does so, must cancel his Subscription by sending a request for cancellation/non-renewal of the Subscription for the Service(s) affected without any penalty, within the time limits stipulated in article 12. Termination will take effect on the date on which the new Service prices are applied.
6.2 Billing
The invoice is sent to the Subscriber electronically via the Subscriber Account when payment is made online. For all annual Subscriptions, the invoice will be issued at the beginning of the first month of Subscription of the current annual period.
Any invoice not contested within thirty (30) days of its date of issue shall be deemed duly accepted by the Subscriber. The Subscriber may not use the compensation or deduction mechanisms or withhold amounts owed to Voconix under the CAU.
6.3 Terms of payment
When subscribing to paid Services, the Subscriber registers his preferred method of payment on the Platform. The Services are payable by the Subscriber on the date indicated on the invoice, by direct debit, in arrears.
By subscribing to Voconix Services, the Subscriber authorises Voconix or its agent to invoice the annual Service Prices on a recurring basis, on anniversary dates, and to make payment by direct debit or credit card debit using the Subscriber's preferred method of payment. This authorisation lasts for the duration of the initial Subscription and its successive renewals until the Subscription is terminated, as defined in article 12 of the present CAU.
If the means of payment used as part of the Subscription is out of date or if the account details are changed, or if, for any reason whatsoever, a debit is rejected, the Subscriber undertakes to update his account immediately by adding a valid means of payment.
6.4 Payment incidents
In the event of late payment, and without prejudice to Voconix's other rights and remedies and without the need for a reminder, debts not paid on the day following the due date will automatically bear interest at a rate equal to three (3) times the French legal interest rate, per month of delay. In accordance with article L.441-10 of the French Commercial Code, in the event of late payment, a fixed sum of forty (40) euros is automatically payable by the Subscriber by way of fixed compensation for collection costs.
Any payment incident will result in the suspension of the Subscription and access rights to the Services for the Subscriber and Users concerned by the payment incident, in accordance with the terms of article 12.
6.5 Complaints
Any request relating to invoicing or means of payment must be addressed in the first instance to hello@voconix.fr. In the event of a complaint by the Subscriber, Voconix will deal with the request as quickly as possible in order to reach an amicable solution. The Subscriber remains liable for the undisputed amount of the invoice that is the subject of the complaint.
7. Special conditions of service
The Services provided to the User in SaaS mode include several tools for editing and creating voice and music messages and downloading audio files in various formats. These tools enable the User to be autonomous from start to finish when editing voice messages, and to produce them quickly.
Voconix has designed and optimised its Services primarily for certain uses of voice messages, namely: (i) all greetings, on-hold messages and answering machine messages for fixed or mobile telephony; (ii) messages intended to be broadcast over the public address system in an area open to the public, for information or advertising purposes. The User acknowledges that he/she has been fully informed of this, and that he/she is not entitled to complain about defects, difficulties of use, or a lack of information concerning Voconix Services if he/she uses the voice messages for other purposes.
7.1 Specific features of speech generative AI
The Services offered by Voconix use one or more external voice-generating artificial intelligence engines (Voice AI), the purpose of which is to transform a text entered by the User into a digital audio file almost in real time, using «synthesised voices» of various genders, languages and personalities.
Voconix does not guarantee the performance of the external Voice AI engines used, which may be variable, and whose final result is by nature unpredictable. The final result may not strictly comply with the text submitted by the User (a technical phenomenon known as «hallucination»), may lead to difficulties in pronouncing certain words or expressions and in particular proper nouns, or may present imperfections in prosody and tone.
Voconix does not guarantee the consistency over time of the final result generated with the same input data provided by the User. When generating by reiterated AI from identical or very similar data, speech AI engines are generally regular, but it may happen that the regeneration presents discrepancies from one time to the next.
It remains the sole responsibility of the User to accurately check the final audio result to ensure its quality and compliance with his/her initial instructions, before its final use.
7.2 Modifying voice and music sources
Voconix may modify, without prior notice, the Voice AI engine(s) supported by the Services, modify the choice of «synthesised voices» within the catalogue offered on the Site, or the catalogues of music offered in the mixing tools, by adding new titles, or deleting certain titles. These voices or music titles will no longer be available for editing or kept in the archived messages.
Consequently, there is no guarantee that the User will be able to find in the future a synthesised voice that he has already consulted or used, or a piece of music that he has already consulted or used, either by regenerating an archived message or by creating a new message.
7.3 Using the mixing tools
Voconix offers musical mixing tools in its Services. The User acknowledges that these automated tools use extracts from music files that do not cover the entire original work or the title offered for listening, and whose timing with the voice messages cannot be precisely set.
7.4 Support
Voconix provides the User with online help and occasional assistance via chat. The purpose of this Helpdesk is to provide information to Users who encounter difficulties in using the tools offered or in finding answers in the online help. The Helpdesk is not intended to support the User in the process of editing and creating messages, nor to make changes to the results generated by the User. If necessary, the User may subscribe to paid technical support services for the production or editing of audio files offered on the Site or via chat assistance.
7.5 Message storage
Voconix offers archiving and retention services for the history of edited messages in the form of «projects», including all the parameters and information used to regenerate an edit. Voconix does not store the generated audio files in their final format. It remains the User's responsibility to create their own archive of the final audio files they have generated.
The User acknowledges that Voconix may implement and apply limits to the use of capacity or to the length of time the history is kept.
8. Broadcasting rights linked to the use of services
8.1 Subscriber's responsibilities with regard to broadcasting rights
Voconix provides the Subscriber and the User with a catalogue of music that can be used as background music for voice messages produced using the Services. These musical titles, or any other title of the User's choice that the User has uploaded to the mixing tool, may be subject to reporting obligations and the payment of royalties collected by collective copyright and producer management organisations, as soon as the Subscriber broadcasts them.
The Subscriber acknowledges and accepts that it is his or her sole responsibility to apply for authorisation to broadcast, to make declarations and to pay any royalties due to collective organisations. The Subscriber must ensure by his or her own means that the use and type of broadcasting carried out by him or herself or by Users under his or her control linked to his or her Account is appropriate, and identify the organisations, in France or abroad in the country of use and broadcasting, with which it is necessary to carry out declaratory procedures in the context of the chosen use.
Voconix explicitly warns the Subscriber and/or User of the existence of these obligations and of its responsibility: (i) when the Subscriber's Account is created; (ii) in the help documentation; (iii) as well as on the page for downloading the final audio files.
8.2 Information on the catalogue
On its Music Catalogue, Voconix displays an indication of the main rights to which they are subject, for the main use of messages for telephony:
- for «commercial» titles, the SACEM and/or the SCPA are mentioned for France;
- titles known in everyday language as «free of rights» or «out of rights», these are titles that are not part of the SACEM repertoire. However, for certain uses, these titles may be subject to certain royalties.
8.3 Subscriber autonomy for phonogram reproduction
The Subscriber and/or the Users of his/her account are autonomous, thanks to the Voconix Services and the mixing tools they use, to edit and create the final audio files themselves, which they then use. It is therefore the Subscriber's responsibility, when filling in their annual SACEM/SCPA rights declaration, to indicate that they have produced their messages themselves and thus to pay the «phonogram reproduction» rights (which amount to €8 in 2025, as an indication) to the collecting organisation.
8.4 Certificate issued for a musical title
Within its Services, Voconix offers to issue an Attestation for the musical track chosen by the User, which specifies whether the track is «out of rights», i.e. it is not part of the SACEM repertoire. This Attestation can be used by the Subscriber as part of his declaratory procedures. These Attestations in no way guarantee that the Subscriber is free of royalties or declaratory procedures, since these generally depend on the way in which the Subscriber manages his or her broadcasting throughout the year and for all of his or her messages, whether these have been produced with Voconix or by other means.
9. Intellectual property rights
Voconix has all the rights necessary to execute the present CAU, in particular the Intellectual Property rights on the Platform, the Services and the brands it owns. No transfer of Intellectual Property rights may be interpreted as a result of the Subscription or its execution.
Subject to the paragraph below, Voconix grants the Subscriber and/or User, for the duration of the Subscription, a non-exclusive, revocable, non-transferable and non-assignable personal right to use the Platform, the applications and the Documentation relating to the Services. Any third-party software integrated into the Platform is governed by the licence conditions applicable to said software.
The Subscriber and/or User undertakes not to :
- temporarily or permanently reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile, decrypt or disassemble the source code, the components of the Platform, the Services or the content of the Site or merge them into other software or create derivative works based on the Platform by any means and on any medium; ;
- license or sub-license, sell or resell, rent, lease, lend, distribute, transfer or operate on a timeshare basis or make the Services and/or the Platform commercially available; ;
- carry out penetration tests, vulnerability scans or cause a denial of service on the Platform and/or the Services.
10. Duration
The Paid Subscription is concluded for a fixed period from the Effective Date and is automatically renewed, unless terminated by the parties in accordance with Article 12. The Services are provided for (a) a period of one (1) year for an Annual Subscription, and (b) for Additional Services taken out during the term of the Annual Subscription, until the subscribed quantities are used up and no later than the end of the term of the Annual Subscription.
11. Protection of personal data
The Subscriber and the User acknowledge that Voconix processes certain personal data. Appendix A to these CAU contains all the information relating to the Processing carried out by Voconix as Data Controller.
12. Suspension and termination
12.1 Suspension
Voconix may, without prior notice, suspend or limit access to all or part of the Services (i) in the event of a breach by the Subscriber and/or User of the CAU and/or applicable laws and regulations; (ii) in the event of a payment incident; (iii) in the event of an action, abstention or negligence on the part of the Subscriber or any User, likely to damage the image or reputation of Voconix or to constitute a threat to the security of the Platform. Notification of suspension sent by Voconix will specify the reasons for its decision. Suspension will be maintained until remedied by the Subscriber and/or User or until termination of the Subscription.
12.2 Termination by the Subscriber and/or User
The Subscriber may, at any time without justification and without compensation, cancel part of the Services or terminate the entire Subscription via the online help form available in his account. To do this, the Subscriber must give thirty (30) days' notice before the end of the current Commitment Period, if the Subscription is annual. The Subscriber is hereby informed that any payment made for the Services will remain the property of Voconix and that any Commitment Period that has begun will remain due. No prorata temporis reimbursement may be requested for the termination of the Subscription for any reason whatsoever.
12.3 Termination by Voconix
Voconix may terminate any Free Subscription in the event of non-use of the Account created or prolonged inactivity of more than ninety (90) days, by written notification sent by any means, and without compensation to the Subscriber.
Voconix may, at any time without justification and without compensation, terminate part of the Services or terminate a paid Subscription in its entirety, by sending written notification by any means. To this end, Voconix undertakes to use its best efforts to respect a notice period of one (1) month before the end of the current Commitment Period, if the Subscription is annual. The Paid Subscription will automatically terminate on expiry of the notice period specified in the written notification. In the case of an annual Subscription, the Subscriber will be reimbursed as follows prorata temporis for the unused part of the Subscription.
12.4 Termination for fault
Voconix may, without compensation or reimbursement to the Subscriber, by written notification sent by any means, terminate all or part of the Services or denounce the entire Subscription in the event of (i) breach by the Subscriber and/or User of the CAU and/or applicable laws and regulations; (ii) failure of the email validation procedure; (iii) payment incident; (iv) action, abstention or negligence likely to damage the image of Voconix, create a legal risk for Voconix or constitute a threat to the security of the Platform. If the Subscriber and/or User fails to remedy the situation, Voconix may terminate the Service or Subscription by any means within thirty (10) days from the date of notification of suspension of access to the Services.
12.5 Effect of termination
The Subscriber's and Users' access to the Platform, the Services and the Account data will be removed when the termination takes effect.
13. Changes
Voconix reserves the right to modify the CAU at any time, in particular to take into account changes to the Services or legal and/or regulatory developments, subject to thirty (30) days' notice as of the notification of the change. The Subscriber and/or the User acknowledges and accepts that the Voconix CAU that are authoritative are those available online on the date of his/her access and each time he/she uses the Services.
14. Amicable settlement - Applicable law and jurisdiction
The Parties shall endeavour to settle all disputes relating to the CAU and their contractual relationship in the context of paying Subscriptions amicably and in good faith, prior to any legal action, within sixty (60) days of the first notification of the dispute by one of the Parties by registered letter with acknowledgement of receipt. These CAU are governed by French law. If the Subscriber and Voconix are unable to reach an amicable settlement, any difficulties will be submitted exclusively to the competent courts within the jurisdiction of the Bordeaux Court of Appeal, France.
Annex A - Protection of personal data (RGPD)
1. Data controller
When using the Site and Services, Voconix (a VOXELIS SAS company) acts as a data controller within the meaning of Regulation (EU) 2016/679 (RGPD).
2. Personal data collected
The personal data that may be collected is strictly necessary for the provision of the services and may include in particular:
- the professional identity of the Subscriber and Users (surname, first name, job title),
- business contact details (postal address, e-mail address, telephone),
- data relating to Users' connection to and use of the service,
- billing information,
- information, content and editing parameters for messages created with Voconix
- identity of personal recipients of messages (surname, first name, job title)
No irrelevant personal data is collected.
3. Purposes of processing
Data is processed for the following purposes:
- provision and management of Services,
- customer and user account management,
- customer support and technical assistance,
- compliance with legal and regulatory obligations,
- improving and securing services.
4. Legal basis for processing
Treatments are based on :
- the performance of the contract binding the Subscriber to Voconix,
- compliance with legal obligations,
- Voconix's legitimate interest in ensuring the security and improvement of its Services.
5. Recipients of data
Personal data is intended exclusively for Voconix's authorised internal departments and, where applicable, its technical subcontractors (hosting, maintenance, support), acting in accordance with the RGPD.
Data relating to the editing of final messages (message content, beneficiary, etc.) are transmitted to third-party companies (IT integrators) explicitly designated by the Subscriber as the technical recipient(s) of the messages created.
No data is sold to third parties.
6. Shelf life
Personal data is kept for the time strictly necessary to provide the Subscription, then archived or deleted in accordance with applicable legal obligations.
7. Data security
Voconix implements appropriate technical and organisational measures to guarantee the confidentiality, integrity and security of personal data.
8. Rights of the persons concerned
In accordance with the applicable regulations, data subjects have the following rights:
- right of access, rectification and deletion,
- the right to restrict or object to processing,
- right to data portability,
- the right to lodge a complaint with the competent supervisory authority.
Requests can be sent to: hello@voconix.fr
- Transfers outside the European Union
In principle, data is hosted within the European Union. If data is transferred outside the EU, this is subject to appropriate safeguards in accordance with the GDPR.
