Terms of Service

Last updated: March 17, 2026

1. Acceptance of Terms

By creating an account, accessing, or using GetsYou.ai (the "Service"), operated by Vancom.io LLC, a Texas limited liability company ("Company," "we," "us," "our"), you ("User," "you," "your") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any other policies or agreements referenced herein (collectively, the "Agreement"). Your use of the Service is also subject to our Acceptable Use Policy available at getsyou.ai/acceptable-use.

If you are entering into this Agreement on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In such case, "you" and "your" refer to that entity.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.

2. Definitions

  • "Service" means the GetsYou.ai platform, including all software, APIs, websites, mobile applications, AI voice agents, telephony services, SMS messaging, analytics tools, and related services.
  • "User Data" means any data, content, or information that you submit, upload, transmit, or otherwise make available through the Service, including contact lists, call recordings, transcripts, SMS content, and business information.
  • "AI Agent" means the artificial intelligence voice agent(s) configured and deployed through the Service on your behalf.
  • "Contact" means any individual whose information is stored in the Service or who is called, messaged, or otherwise communicated with through the Service.
  • "Wallet" means the prepaid minute balance associated with your account used for usage-based billing.
  • "Sub-Processor" means any third-party service provider that processes data on our behalf in connection with the Service.

3. Description of Service

GetsYou.ai provides AI-powered voice agent technology for business communications, including but not limited to:

  • Automated outbound and inbound phone calls using AI-generated voice technology
  • SMS and MMS messaging
  • Lead qualification, scoring, and BANT (Budget, Authority, Need, Timeline) analysis
  • Appointment scheduling and calendar integration
  • Call recording, transcription, and AI-powered analysis
  • CRM integration (including GoHighLevel)
  • Contact management and pipeline tracking
  • Campaign management for outbound communications
  • Analytics, reporting, and performance dashboards

The Service uses artificial intelligence, including large language models and voice synthesis technology, to conduct conversations on your behalf. You acknowledge that AI-generated responses may not always be perfectly accurate and that you are responsible for reviewing the outcomes and accuracy of all AI interactions conducted through the Service.

4. Account Registration and Security

To use the Service, you must:

  • Create an account with accurate, current, and complete information
  • Maintain and promptly update your account information to keep it accurate
  • Maintain the confidentiality of your account credentials and not share them with any third party
  • Immediately notify us of any unauthorized access to or use of your account
  • Be at least 18 years of age

You are solely responsible for all activity that occurs under your account, regardless of whether such activity is authorized by you. We are not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your credentials.

We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used fraudulently, or is in violation of these Terms, with or without notice.

5. Subscription Plans, Billing, and Payment

Subscription Fees

The Service is offered through tiered subscription plans. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are quoted and payable in United States Dollars (USD). Subscription fees are non-refundable except as expressly set forth in Section 6.

Usage-Based Charges

In addition to subscription fees, you will incur per-minute usage charges for calls made or received through the Service. Usage charges are deducted from your Wallet balance in real time. Per-minute rates vary by subscription tier and are published on our pricing page. You are responsible for monitoring your Wallet balance. If your Wallet balance reaches zero, outbound calling functionality will be suspended until additional minutes are purchased.

Auto-Recharge

You may enable auto-recharge, which automatically purchases additional minutes when your Wallet balance falls below a threshold you configure. By enabling auto-recharge, you authorize us to charge your saved payment method without further approval for each recharge transaction. You may disable auto-recharge at any time through your account settings.

Payment Authorization

By providing a payment method, you authorize us (and our payment processor, Stripe) to charge that payment method for all fees and charges incurred under your account. You represent and warrant that you are authorized to use the payment method you provide. If a payment fails, we may suspend your access to the Service after a grace period and may attempt to charge alternative payment methods on file.

Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes, duties, and governmental assessments associated with your use of the Service, except for taxes on our net income.

Price Changes

We may change our prices at any time. Price changes for subscription plans will take effect at the start of your next billing cycle following at least thirty (30) days' prior written notice. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

6. Refund Policy

Subscription fees are generally non-refundable. However, if you cancel your subscription within the first fourteen (14) days of your initial subscription and have not made more than fifty (50) outbound calls, you may request a full refund of your subscription fee by contacting us at admin@vancom.io.

Unused Wallet minutes are non-refundable and do not roll over between billing periods unless explicitly stated in your subscription plan. Minute purchases are final once processed.

If you believe you have been charged in error, you must notify us within sixty (60) days of the charge. We will investigate and issue a correction or refund if warranted at our sole discretion.

7. Intellectual Property

Our Intellectual Property

The Service, including all software, algorithms, AI models, user interfaces, designs, text, graphics, logos, icons, and the overall "look and feel" of the platform, are owned by or licensed to Vancom.io LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use the Service as set forth herein.

Your Data

You retain all ownership rights in your User Data. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your User Data solely as necessary to provide the Service to you and as described in our Privacy Policy. This license terminates when you delete your User Data or close your account, except to the extent we are required to retain it for legal or regulatory purposes.

Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

Restrictions

You may not:

  • Copy, modify, or create derivative works of the Service or any part thereof
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, prompt structures, AI training methodologies, or underlying technology of the Service
  • Sublicense, sell, lease, or otherwise transfer your rights to use the Service
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
  • Use any automated means (bots, scrapers, etc.) to access the Service except through our published APIs
  • Record, transcribe, analyze, or systematically catalog AI agent conversations, voice patterns, response structures, or behavioral patterns for the purpose of replicating, benchmarking, or building a competing product or service
  • Use the Service to evaluate, compare, or derive competitive intelligence about the Service's capabilities, features, pricing strategies, or technical architecture for the benefit of any competing product or service
  • Create, train, or improve any artificial intelligence model, voice agent, or automated communication system using insights, patterns, or data obtained through use of the Service

Competitive Use Prohibition

You may not access or use the Service if you are, or are acting on behalf of, a direct or indirect competitor of GetsYou.ai or Vancom.io LLC. A "competitor" includes any person or entity that develops, markets, sells, licenses, or provides AI-powered voice agent technology, automated calling or outreach platforms, AI-powered sales development representative (SDR) services, or substantially similar products or services. If we determine, in our sole discretion, that you are a competitor or are using the Service for competitive purposes, we may immediately terminate your account, forfeit any remaining wallet balance, and pursue any available legal remedies.

This prohibition includes but is not limited to: signing up under a personal account, using a third party as a proxy, creating accounts under affiliated entities, or any other means of circumventing this restriction. You represent and warrant that you are not a competitor and are not acting on behalf of a competitor.

Proprietary Watermarking

You acknowledge that the Service embeds proprietary, imperceptible identifiers ("watermarks") into AI agent outputs, including but not limited to voice responses, conversation patterns, and generated content. These watermarks are the intellectual property of Vancom.io LLC and are used to verify the origin of Service outputs and to detect unauthorized copying or reproduction. Any attempt to remove, alter, circumvent, or reverse-engineer these watermarks constitutes a material breach of this Agreement and may result in immediate termination and legal action.

Remedies

You acknowledge that any violation of this Section 7 would cause irreparable harm to Vancom.io LLC for which monetary damages alone would be inadequate. Accordingly, Vancom.io LLC shall be entitled to seek injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in addition to any other remedies available at law or in equity, without the necessity of posting a bond or proving actual damages. You agree to pay all costs and attorneys' fees incurred by Vancom.io LLC in enforcing this section.

8. AI Disclosure and Regulatory Compliance

FCC AI Voice Regulations

Per FCC regulations effective February 8, 2024, AI-generated voices in telephone calls are classified as "artificial or prerecorded voice" under the Telephone Consumer Protection Act (TCPA). You acknowledge and agree that:

  • All outbound calls made through the Service use AI-generated voice technology
  • Prior express written consent from the called party is required for outbound AI calls
  • The Service includes an automated disclosure at the beginning of outbound calls; however, you are solely responsible for ensuring compliance with all applicable AI disclosure laws in your jurisdiction
  • You must maintain records of consent for each Contact for the duration of your use of the Service and for at least five (5) years thereafter

TCPA Compliance

You are solely responsible for ensuring that your use of the Service complies with the TCPA, its implementing regulations, and all applicable state telemarketing laws. This includes but is not limited to:

  • Obtaining prior express written consent before making outbound calls or sending SMS messages
  • Maintaining and regularly updating Do-Not-Call lists
  • Honoring revocations of consent promptly (within a reasonable time not to exceed ten (10) business days)
  • Restricting calling hours to 8:00 AM – 9:00 PM in the called party's local time zone
  • Identifying yourself and providing your phone number and address at the beginning of each call
  • Not conditioning any purchase or service on the granting of consent to receive AI calls

Call Recording Consent

The Service records calls for quality assurance, compliance, and AI analysis purposes. You acknowledge that call recording laws vary by jurisdiction. Some states require all-party consent (both/all parties must consent to recording), while others require only one-party consent. You are solely responsible for:

  • Understanding the recording consent requirements in every jurisdiction where your Contacts are located
  • Ensuring that appropriate disclosures and consents are obtained before recording begins
  • Configuring your AI Agent's greeting to include a recording disclosure where required by law

States that currently require all-party consent include: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. This list may not be exhaustive and may change. Consult a licensed attorney for jurisdiction-specific guidance.

SMS Compliance

SMS and MMS messaging through the Service is subject to the TCPA, the CAN-SPAM Act, CTIA guidelines, and carrier-specific requirements. You must obtain prior express written consent before sending any SMS or MMS messages through the Service. A2P (Application-to-Person) messaging registration may be required by your carrier; you are responsible for maintaining your A2P registration in good standing.

9. User Responsibilities

You represent, warrant, and agree that:

  • All information you provide to us is truthful, accurate, and complete
  • You will comply with all applicable local, state, federal, and international laws and regulations
  • You have all necessary rights, consents, and permissions to upload, transmit, and use any User Data with the Service
  • Your use of the Service will not infringe upon or violate the rights of any third party
  • You will use the Service only for lawful business purposes
  • You will not use the Service to contact any person who has requested not to be contacted
  • You will maintain accurate Do-Not-Call lists and promptly add any person who requests to be removed
  • You will properly disclose AI involvement in all communications as required by applicable law
  • You are solely responsible for the content and accuracy of all AI Agent prompts, scripts, and configurations you create
  • You will review call outcomes and AI-generated analyses for accuracy and will not rely solely on AI determinations for important business decisions

10. Prohibited Uses

You may not use the Service to:

  • Make calls to numbers on the National Do-Not-Call Registry without a valid prior business relationship or express written consent
  • Engage in robocalling, auto-dialing, or sending unsolicited messages without proper consent as defined by applicable law
  • Harass, threaten, intimidate, stalk, abuse, or defraud any person
  • Impersonate any person or entity, or falsely represent your affiliation with a person or entity
  • Misrepresent AI-generated communications as human communications where disclosure is required
  • Make calls or send messages for telemarketing purposes without proper licensing where required
  • Collect or harvest personal information without consent
  • Transmit malware, viruses, or any code of a destructive nature
  • Interfere with, disrupt, or overload the Service or its supporting infrastructure
  • Attempt to gain unauthorized access to the Service, other accounts, or any related systems
  • Use the Service for any activity that is illegal in any applicable jurisdiction
  • Resell, redistribute, sublicense, or white-label the Service without a valid Partnership Agreement
  • Use the Service to promote illegal drugs, weapons, gambling (where prohibited), or any other illegal products or services
  • Use the Service to place calls related to debt collection unless you are a licensed debt collector and comply with the Fair Debt Collection Practices Act (FDCPA)
  • Exceed reasonable usage limits that could degrade Service performance for other users
  • Use the Service in any way that could damage our reputation or the reputation of our Sub-Processors
  • Access the Service for the purpose of competitive analysis, benchmarking, reverse engineering AI behavior, or building a competing product (see Section 7, Competitive Use Prohibition)
  • Systematically record, transcribe, or catalog AI agent responses for the purpose of replicating voice agent behavior patterns in another product or service
  • Share account credentials or Service access with any person or entity engaged in developing competing AI voice, calling, or automated outreach technology
  • Create multiple accounts or use proxy entities to circumvent the competitive use restrictions set forth in Section 7

We reserve the right to investigate any suspected violation and may suspend or terminate your account immediately, without notice, if we determine in our sole discretion that you have violated any of these prohibitions.

11. Third-Party Services and Sub-Processors

The Service integrates with and relies upon third-party services ("Sub-Processors") to provide its functionality. By using the Service, you acknowledge and agree that your data may be processed by the following Sub-Processors:

  • Stripe, Inc. — Payment processing and billing
  • Twilio Inc. — Telephony, SMS, and phone number provisioning
  • Supabase Inc. — Database hosting, authentication, and storage
  • OpenAI, Inc. — Natural language processing and call analysis
  • Vercel Inc. — Application hosting and content delivery
  • Sentry (Functional Software, Inc.) — Error monitoring and performance tracking
  • Resend Inc. — Transactional email delivery

Each Sub-Processor processes data in accordance with its own terms of service and privacy policy. We are not responsible for the acts or omissions of any Sub-Processor, including their data handling practices, outages, or security incidents. We will update this list as Sub-Processors change and will provide notice of material changes.

You may optionally connect your account to additional third-party services (e.g., GoHighLevel, Cal.com). Any data shared with these services is governed by their respective terms and privacy policies. You are responsible for reviewing and agreeing to those terms before enabling integrations.

12. Service Availability and Support

We use commercially reasonable efforts to maintain the availability of the Service. However, we do not guarantee that the Service will be uninterrupted, error-free, or available at all times. The Service may be subject to planned maintenance, unplanned downtime, or degraded performance due to factors beyond our control, including but not limited to Sub-Processor outages, network issues, natural disasters, and cyberattacks.

We are not liable for any loss, damage, or inconvenience caused by:

  • Service downtime or degradation, whether planned or unplanned
  • Missed, dropped, or failed calls or messages
  • Inaccurate, incomplete, or inappropriate AI-generated responses
  • Delays in call connection, transcription, or analysis
  • Third-party service outages (Twilio, Stripe, etc.)
  • Issues arising from your internet connection, devices, or network configuration

Support is provided via email at admin@vancom.io. Response times vary by subscription tier. We do not guarantee specific response or resolution times.

13. Data and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

You are responsible for the data you upload or create in the Service, including ensuring that you have all necessary rights and consents to collect, store, and process that data. You represent and warrant that your use of Contact data through the Service complies with all applicable data protection and privacy laws.

Call recordings, transcripts, and related data are stored securely and retained according to your subscription tier. You retain ownership of your User Data and may export or request deletion of it at any time, subject to our data retention obligations under applicable law.

14. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Service ("Confidential Information"), including but not limited to business plans, customer data, technical information, pricing, and security measures. Neither party shall disclose Confidential Information to any third party except as necessary to perform its obligations under this Agreement, or as required by law (with prompt notice to the other party where legally permitted).

Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was lawfully known by the receiving party before disclosure; (c) is independently developed by the receiving party; or (d) is lawfully obtained from a third party without restriction.

15. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VANCOM.IO LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT, TRANSCRIPTIONS, ANALYSES, OR LEAD SCORES
  • WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
  • WARRANTIES THAT DEFECTS IN THE SERVICE WILL BE CORRECTED
  • WARRANTIES THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

YOU ACKNOWLEDGE THAT AI TECHNOLOGY IS INHERENTLY IMPERFECT AND THAT AI-GENERATED RESPONSES, LEAD SCORES, SENTIMENT ANALYSES, AND OTHER OUTPUTS MAY CONTAIN ERRORS OR INACCURACIES. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF AND RELIANCE ON THE SERVICE AND ITS OUTPUTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • VANCOM.IO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
  • WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (I) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, INCLUDING TCPA, FCC REGULATIONS, OR STATE TELEMARKETING LAWS; (II) CALLS MADE WITHOUT PROPER CONSENT; (III) YOUR FAILURE TO MAINTAIN ACCURATE DO-NOT-CALL LISTS; (IV) ACTIONS OR OMISSIONS OF SUB-PROCESSORS; (V) FORCE MAJEURE EVENTS; OR (VI) YOUR FAILURE TO SECURE YOUR ACCOUNT CREDENTIALS.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless Vancom.io LLC, its officers, directors, employees, agents, and affiliates ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • (a) Your use of the Service, including but not limited to any calls, messages, or communications made through the platform;
  • (b) Your violation of this Agreement, the Acceptable Use Policy, or any applicable law or regulation, including but not limited to the TCPA, FDCPA, TSR, and state telemarketing laws;
  • (c) Any claims by third parties (including regulatory agencies, carriers, or call recipients) arising from your use of the Service;
  • (d) Any fines, penalties, or regulatory enforcement actions imposed on GetsYou.ai or its technology partners as a result of your actions or omissions;
  • (e) Any misuse of phone numbers, caller ID, or messaging capabilities provided through the Service.

This indemnification obligation survives the termination of your account and this Agreement.

We will provide you with prompt notice of any claim subject to indemnification (to the extent we are legally permitted to do so) and will cooperate with you in the defense of such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at admin@vancom.io and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved this way.

Binding Arbitration

If we are unable to resolve a dispute informally, you and Vancom.io LLC agree that any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Travis County, Texas. The language of arbitration shall be English.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and fees in connection with the arbitration, except that the arbitrator may award attorneys' fees and costs to the prevailing party if permitted by applicable law.

Class Action Waiver

YOU AND VANCOM.IO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Vancom.io LLC agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or consolidated proceeding.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.

Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to admin@vancom.io within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the Governing Law and Venue provisions in Section 19 shall apply.

19. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. If Section 18 does not apply (either because you have opted out or because it is found unenforceable), any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Travis County, Texas, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

20. Termination

Termination by You

You may cancel your subscription at any time through your account settings or by contacting us at admin@vancom.io. Cancellation will take effect at the end of your current billing period. You will not receive a refund for any unused portion of your current billing period.

Termination by Us

We may suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination include but are not limited to:

  • Violation of these Terms or applicable law
  • Non-payment of fees after a grace period
  • Fraudulent, abusive, or illegal activity
  • Excessive chargebacks or payment disputes
  • Activity that harms the Service, its users, or its Sub-Processors
  • Request by law enforcement or government agencies

Effect of Termination

Upon termination, your right to use the Service will immediately cease. You will have a thirty (30) day grace period to export your data via the data export feature in your account settings or by contacting us. After the grace period, we may permanently delete your data. The following provisions survive termination: Sections 7 (Intellectual Property), 14 (Confidentiality), 15 (Warranty Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution), 19 (Governing Law), and 23 (General Provisions).

21. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, civil unrest, government actions or orders, labor disputes, power failures, internet or telecommunications outages, cyberattacks, failures of Sub-Processors or third-party service providers, and any other events that are beyond the reasonable control of the affected party ("Force Majeure Event").

If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice to the other party.

22. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least thirty (30) days' advance notice via email to the address associated with your account and/or by posting a prominent notice on the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect. For material changes that significantly affect your rights, we may require you to affirmatively accept the updated Terms before continuing to use the Service.

23. General Provisions

Entire Agreement

This Agreement, together with the Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and Vancom.io LLC with respect to the Service and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Vancom.io LLC.

Assignment

You may not assign or transfer this Agreement, or any rights or obligations hereunder, without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, upon notice to you.

No Third-Party Beneficiaries

This Agreement does not confer any third-party beneficiary rights. No person or entity other than the parties hereto shall have any right to enforce any provision of this Agreement.

Notices

All notices under this Agreement shall be in writing. Notices to you may be sent to the email address associated with your account. Notices to us should be sent to admin@vancom.io. Notices are deemed received upon successful email delivery.

Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by OFAC, and the International Traffic in Arms Regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions.

Relationship of Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Vancom.io LLC. Neither party has the authority to bind the other party in any way.

Headings

The section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

24. Contact Information

For questions, concerns, or notices regarding these Terms, contact us at:

Vancom.io LLC
Email: admin@vancom.io