• Usage and Access Rights

• Eligibility

1. 1. 1. 1. Target Audience: VirtualContact AI is designed specifically for business owners within the United States, catering to a wide range of industries and business sizes. This targeted approach allows us to provide features and services that are most relevant to the American business landscape.
         2. Business Verification: To access our services, businesses are required to link their VirtualContact AI account to their Google Business listing, ensuring that our services are used appropriately and effectively by legitimate businesses.

• Limitations in Restaurant Setting

1. 1. 1. 1. Current Capabilities: As of now, VirtualContact AI is not equipped to handle phone-based order taking for restaurants. This limitation is due to the specialized nature of order-taking processes which require more nuanced interactions than what the current version of VirtualContact AI is designed to handle.
         2. Future Development: We are constantly exploring opportunities to expand our service capabilities. The potential to include functionalities like phone-based order taking in restaurants will be assessed and potentially developed in future versions of VirtualContact AI.

• Access and Operation

1. 1. 1. Dashboard Interface: The user interface for VirtualContact AI is accessible via a dashboard located at app.virtualcontactai.com. This dashboard is designed for user-friendliness, allowing easy navigation and operation of the various features of VirtualContact AI.
      2. Backend Operations with Firebase: Our service leverages Firebase for reliable and scalable backend operations. Firebase’s robust infrastructure enhances the performance and security of our dashboard, ensuring a seamless user experience.
      3. Integration with Business Tools: VirtualContact AI is built to integrate efficiently with various business tools and platforms commonly used in the U.S. This integration aims to streamline business processes and improve operational efficiency.
      4. Continuous Accessibility: We strive to ensure that our dashboard is accessible at all times, barring any scheduled maintenance. We also commit to providing advance notice of any maintenance that might temporarily affect accessibility.
      5. Security and Data Protection: Recognizing the importance of data security, our platform employs advanced security measures to protect user data. Firebase’s security features are an integral part of this protection, offering robust data encryption and secure access controls.

• Data and Privacy

• Handling of Customer Data

1. 1. 1. 1. Compliance with Data Protection Laws: Our handling of customer data strictly adheres to U.S. data protection laws, ensuring that all personal and business information is managed in a lawful and ethical manner. We are committed to upholding the principles of data privacy and security as outlined in relevant legislation.
         2. Use of AWS for Data Storage: For secure and reliable data storage, VirtualContact AI utilizes Amazon Web Services (AWS). AWS is renowned for its robust security measures, which include comprehensive data encryption and advanced physical and network security, providing peace of mind regarding the safety of stored data.
         3. Regular Data Audits: We conduct regular audits of our data handling practices to ensure ongoing compliance with legal standards and to identify areas for improvement in our data security protocols.
         4. Data Minimization Principle: In line with best practices, we adhere to the principle of data minimization, collecting only the data that is necessary for the effective use of our service. This approach not only enhances privacy but also streamlines the user experience.

• Privacy Policy

1. 1. 1. 1. Transparency and Accessibility: Our privacy policy, available at virtualcontactai.com/privacy-policy/, provides comprehensive details about how we handle user and customer data. This policy is crafted for transparency, ensuring that users clearly understand our data management practices.
         2. User Rights and Controls: The privacy policy outlines the rights of users regarding their data, including access, correction, and deletion rights. It also explains the control mechanisms available to users for managing their personal information.
         3. Policy Updates: We regularly review and update our privacy policy to reflect changes in our practices, technological advancements, or alterations in legal requirements. Users are notified of significant changes to ensure they remain informed.

• Data Sharing

1. 1. 1. Restricted Third-Party Sharing: VirtualContact AI maintains a strict policy of not indiscriminately sharing data with third parties. Data sharing is limited and conducted only as necessary for the provision of integrated services.
      2. Integration with Stripe for Payment Processing: For secure payment processing, we integrate with Stripe, a leading online payment processing platform. This integration requires limited data sharing to facilitate transaction processing, and Stripe’s own robust privacy and security measures ensure the protection of this data.
      3. Service Enhancement Partnerships: When collaborating with partners like Twilio for communication services or Mailgun for email automation, data sharing is conducted under strict confidentiality agreements, ensuring that these partners adhere to our privacy standards.
      4. User Consent and Notification: In instances where user data may be shared with third parties, we ensure that users are appropriately notified and, where necessary, consent is obtained. Users have the right to opt-out of certain types of data sharing, in accordance with our privacy policy.

• Service Availability

• Uptime Guarantee

1. 1. 1. 1. Commitment to High Availability: VirtualContact AI aims to provide a 99% uptime for its services, recognizing the critical importance of reliability in business operations. This level of uptime ensures that our users can depend on our service for their day-to-day business needs.
         2. Dependence on AWS and Twilio Servers: Our uptime is closely linked to the performance of AWS and Twilio servers. These platforms are chosen for their robust infrastructure and reputation for reliability, which significantly contributes to our ability to maintain high service availability.
         3. Monitoring and Rapid Response: We continuously monitor the performance of our servers and have mechanisms in place for rapid response and resolution in case of any unexpected downtimes. Our team works diligently to minimize service interruptions and restore functionality as quickly as possible in the event of an outage.

• Maintenance and Downtime

1. 1. 1. Scheduled Maintenance Notifications: To keep our service running smoothly, periodic maintenance is essential. Users are informed of scheduled maintenance well in advance through Mailgun-powered email communications. This proactive approach ensures that users can plan accordingly and minimize any impact on their business operations.
      2. Transparency in Communication: We strive for transparency in all communications regarding service availability. Whether it’s scheduled maintenance or unexpected downtime, our users are kept fully informed with timely and accurate information.
      3. Minimizing Disruptions: Maintenance activities are strategically scheduled during off-peak hours to reduce the impact on our users. We understand the importance of minimizing disruptions to business operations and make every effort to conduct maintenance activities during times when usage is typically lower.
      4. User Support During Downtime: In the rare event of unexpected downtime, our support team is readily available to provide assistance and keep users updated on the status of the service. We prioritize effective communication and support to help users navigate any periods of service unavailability.
      5. Continuous Improvement: Feedback from our users regarding service availability is taken seriously, and we continually seek to improve our processes and systems. This includes investing in infrastructure enhancements and adopting best practices in system maintenance and monitoring.

• Compliance and Legal

• Compliance

1. 1. 1. 1. Adherence to U.S. Laws and Regulations: VirtualContact AI is fully committed to complying with all applicable U.S. laws and regulations. This commitment ensures that our services meet the highest legal and ethical standards, providing users with a trustworthy and secure platform.
         2. Exclusion of GDPR: Given that VirtualContact AI is specifically tailored for the U.S. market, our services are not currently compliant with the General Data Protection Regulation (GDPR) of the European Union. This focus allows us to concentrate more closely on compliance with U.S. data protection and privacy laws, which are most relevant to our user base.
         3. Continuous Legal Monitoring: Our legal team constantly monitors changes in U.S. legislation and regulatory guidelines to ensure ongoing compliance. This vigilance is crucial in the rapidly evolving digital environment, particularly in areas related to technology, data privacy, and cyber security.
         4. Collaboration with Legal Experts: We regularly consult with legal experts to ensure our compliance strategies are up-to-date and effective, safeguarding our users and our business against legal risks.

• Legal Responsibilities of Users

1. 1. 1. Prohibition of Illegal Use: Users of VirtualContact AI are strictly prohibited from using the service for any illegal purposes. This includes, but is not limited to, activities such as fraud, intellectual property infringement, and the dissemination of harmful or illegal content.
      2. Ensuring Security of Service: Users are responsible for maintaining the security of their accounts and the integrity of the service. This responsibility includes using strong passwords, securing account credentials, and not engaging in any activities that would compromise the security of the VirtualContact AI platform.
      3. Respect for Intellectual Property: Users must respect the intellectual property rights associated with VirtualContact AI. This includes not copying, modifying, or distributing the software or any of its components without proper authorization.
      4. Compliance with Third-Party Terms: As VirtualContact AI integrates with third-party services like AWS, Twilio, Stripe, and Mailgun, users are also responsible for adhering to the terms and conditions of these services when using VirtualContact AI.
      5. Reporting Compliance Issues: Users are encouraged to report any compliance issues or concerns to VirtualContact AI. We take such reports seriously and investigate them thoroughly to ensure continuous legal compliance.

• Payment and Subscription Terms

• Payment Terms

1. 1. 1. 1. Subscription Options: VirtualContact AI offers two subscription plans: the PRO plan at $149 per month and the Premier plan at $299 per month. These plans are designed to cater to the varying needs and scales of different businesses.
         2. Payment Processing via Stripe: All payments are securely processed through Stripe, a leading online payment platform known for its robust security and reliability. This integration ensures a seamless and secure transaction experience for our users.
         3. Clear and Transparent Billing: We strive for transparency in our billing practices. All charges are clearly detailed in the subscription agreement, and users can access their billing history at any time through their account dashboard.
         4. No Hidden Fees: Our subscription plans are all-inclusive, with no hidden fees or charges. The monthly subscription fee covers full access to the features outlined in each respective plan.

• Subscription Renewals and Cancellations

1. 1. 1. Flexible Month-to-Month Subscriptions: Subscriptions are structured on a month-to-month basis, providing flexibility for our users. This approach allows businesses to scale up or down according to their changing needs without being locked into a long-term contract.
      2. Automated Renewals: For user convenience, subscriptions are automatically renewed each month. This ensures uninterrupted access to VirtualContact AI’s services. Users receive a reminder before each renewal, keeping them informed and in control of their subscription.
      3. Simple Cancellation Process: Users can cancel their subscription at any time through their account dashboard. The cancellation process is straightforward and user-friendly, facilitated by our Stripe integration.
      4. End-of-Cycle Access: Upon cancellation, users retain access to the service until the end of the current billing cycle. This policy ensures that users can continue to benefit from the service for the duration they have paid for.
      5. Number Recycling Post-Cancellation: In line with our sustainable practices, the dedicated phone number assigned to a user will be recycled for use by other clients upon the cancellation and expiration of a subscription. This process is part of our resource management and efficiency measures.
   2. Account Termination
      1. VirtualContact AI’s Discretion: VirtualContact AI reserves the right to delete accounts and ban users from using its services if deemed reasonable by VirtualContact AI. This measure is taken to ensure the integrity and security of our services.
      2. Reasons for Termination: Account termination may occur for various reasons, including but not limited to violation of our terms and conditions, illegal activities, security breaches, and abusive behavior.
      3. Process and Notification: If an account is flagged for termination, VirtualContact AI will typically provide notice to the user, except in cases where immediate action is necessary to protect the service or other users.
   3. User Ban
      1. Enforcement of Service Standards: Banning a user is a measure we take to enforce our service standards and protect the VirtualContact AI community. This action is considered in serious cases of misconduct or repeated violations.
      2. Review and Appeals: While decisions to ban a user are considered final, we may provide a channel for users to present their case or appeal the decision, particularly in situations where new evidence or context is available.

• Technical Support and Training

• Technical Support

1. 1. 1. 1. Dedicated Support Team: Our support team is comprised of knowledgeable and experienced professionals dedicated to assisting users with any issues or queries they may have regarding VirtualContact AI. Users can reach out to our team via email at virtualcontactaisupport@launchsitellc.com.
         2. Responsive and Timely Assistance: We understand the importance of timely assistance in business operations. Our team is committed to providing prompt responses and effective solutions to support requests.
         3. Feedback Integration: User feedback is an essential component of our support system. We continuously incorporate user feedback to improve our support services and ensure that we are meeting the needs of our users effectively.

• Training Resources

1. 1. 1. Comprehensive Online Resources: A wealth of training resources is available at virtualcontactai.com/help. These resources are designed to help users understand and maximize the potential of VirtualContact AI.
      2. Documentation and Tutorials: Our training materials include in-depth documentation and step-by-step tutorials. These resources cover a broad range of topics, from basic setup and operation to advanced features and best practices.
      3. Regular Updates and New Content: We regularly update our training resources to reflect new features and updates to VirtualContact AI. Additionally, new content is added periodically to address emerging user needs and to cover new best practices in the industry.
      4. Accessible Learning for All Skill Levels: Whether a user is new to IVR technology or looking to expand their expertise, our training resources are designed to cater to all skill levels. The materials are structured to provide both foundational knowledge and advanced insights.

• Limitation of Liability

• Service Provision

1. 1. 1. 1. “As Is” Provision: VirtualContact AI is provided on an “as is” basis, which means we offer the service with no explicit or implied warranties of any kind. This includes warranties of merchantability, fitness for a particular purpose, or non-infringement.
         2. Utilization of Third-Party Platforms: Our service relies on third-party platforms like Twilio for communication services and AWS for cloud storage and processing. While we choose these platforms for their reliability and performance, we do not offer warranties regarding their uninterrupted or error-free functionality.
         3. No Warranty for Results: We do not warrant that the service will meet all of the user’s requirements or that the operation will be uninterrupted or error-free. The effectiveness of our service in achieving specific results is not guaranteed.
         4. Software Updates: While we endeavor to keep the service updated with the latest features and security measures, we cannot guarantee perpetual compatibility or continuous development of features.

• Liability

1. 1. 1. Limitation of Liability: Our liability to users is limited to the maximum extent permitted by law. In no event shall VirtualContact AI, its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our service.
      2. Dependencies on Third-Party Platforms: Given our reliance on third-party platforms such as Twilio, AWS, Stripe, and Mailgun, we cannot be held liable for any disruptions, data losses, or breaches that occur due to issues on their end. We endeavor to choose partners with robust security and reliability, but we acknowledge that no system is infallible.
      3. Cap on Damages: In cases where liability is established, the total liability of VirtualContact AI, under any provision of these Terms and Conditions, is capped at an amount not exceeding the total subscription fees paid by the user in the six months preceding the claim.
      4. Exclusions: This limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.

• Modifications and Updates

• Notifications

1. 1. 1. 1. Regular Communication: Users will receive notifications about any modifications or updates to VirtualContact AI via Mailgun-powered emails. This ensures a consistent and reliable channel for all our communication needs.
         2. Detailed Update Information: Each notification will detail the nature of the update or modification, including new features, enhancements, bug fixes, or changes in functionality. This transparency helps users understand the impact of each update on their usage of the service.
         3. Advanced Notice for Major Updates: For substantial updates that may significantly alter the user experience or require changes in user interaction with the service, we provide advanced notice. This allows users sufficient time to prepare and adapt to the changes.
         4. Feedback Opportunity: After major updates, we encourage and welcome user feedback. This feedback is crucial for us to understand user experience and to make necessary adjustments or provide additional support.

• Update Requirements

1. 1. 1. Automated Updates: To ensure that all users benefit from the latest features and security enhancements, updates are automatically applied to VirtualContact AI. This automation is facilitated through AWS and Firebase, providing a seamless update process without requiring manual intervention from users.
      2. Seamless Integration of Updates: Our aim is to integrate updates in a way that minimizes disruption to the user experience. Leveraging AWS and Firebase allows us to deploy updates efficiently and with minimal service interruption.
      3. Security and Performance Enhancements: Regular updates include not just new features, but also improvements to the security and performance of VirtualContact AI. In the digital age, where security threats are constantly evolving, these updates are essential to protect user data and improve service reliability.
      4. User Adaptation Support: In the case of updates that introduce significant changes to the service’s operation or interface, we provide additional resources such as guides or webinars to assist users in adapting to these changes.

• Intellectual Property Rights

• Ownership

1. 1. 1. 1. Exclusive Rights of Launch Site LLC: All intellectual property rights related to VirtualContact AI, including software, user interface design, source code, databases, functionality, graphics, and other content, are the exclusive property of Launch Site LLC. This encompasses both visible elements and underlying technology and code.
         2. Protection and Enforcement: Launch Site LLC actively protects its intellectual property rights. Unauthorized use, reproduction, modification, or distribution of any part of VirtualContact AI or its content is strictly prohibited and may lead to legal action.
         3. Innovation and Development: Our ownership of these rights is a reflection of the significant investment in time, resources, and expertise that Launch Site LLC has made in developing VirtualContact AI. This ownership supports ongoing innovation and development, ensuring that we continue to offer a cutting-edge product to our users.

• User Rights

1. 1. 1. Licensed Use for Business Operations: Users of VirtualContact AI are granted a limited, non-exclusive, non-transferable license to access and use the software for their internal business operations. This license is granted for the term of their subscription and is subject to the terms and conditions outlined herein.
      2. No Redistribution or Sublicensing: The rights granted to users do not include any options for redistribution, resale, or sublicensing of VirtualContact AI. Users are not permitted to make the software available to any third party in any form, whether for commercial gain or otherwise.
      3. Restrictions on Modification: Users are not permitted to modify, reverse engineer, or otherwise alter the software. All rights not expressly granted to users in these Terms and Conditions are reserved by Launch Site LLC.
      4. User-Generated Content: If users create or upload content while using VirtualContact AI, such as custom scripts or data inputs, they retain ownership of their intellectual property. However, by uploading this content, users grant Launch Site LLC a license to use, modify, and adapt this content as part of delivering and improving the service.

• Dispute Resolution

• Process

1. 1. 1. 1. Encouragement of Informal Resolution: Initially, VirtualContact AI encourages users to seek an informal resolution for any disputes that arise. This approach often involves direct communication between the user and VirtualContact AI’s customer service team. We believe that many disagreements can be resolved amicably and efficiently through open dialogue, saving time and resources for both parties.
         2. Structured Escalation Path: If an informal resolution cannot be reached, the dispute may be escalated to a more formal process. This structured escalation path ensures that disputes are handled systematically and fairly.
         3. Assistance in Dispute Resolution: Throughout the dispute resolution process, we aim to provide clear guidance and support to our users. We understand that disputes can be challenging, and we strive to navigate these situations with transparency and fairness.

• Arbitration Agreement

1. 1. 1. Binding Arbitration as a Final Resort: In cases where disputes cannot be resolved informally, we move to binding arbitration. This means that a neutral third-party arbitrator will review the dispute and make a decision that is binding on both parties.
      2. Details of the Arbitration Process: The arbitration process is outlined in detail in the Arbitration Agreement. This includes the procedures for initiating arbitration, the selection of the arbitrator, and how the arbitration will be conducted.
      3. Fair and Impartial Arbitration: We ensure that the arbitration process is fair and impartial. The arbitrator selected will be independent and have expertise relevant to the nature of the dispute.
      4. Costs of Arbitration: The costs of arbitration, including the arbitrator’s fees, will typically be shared between VirtualContact AI and the user, unless your claim is for greater than $5,000, the arbitrator decides otherwise based on the specifics of the case.
      5. Confidentiality in Arbitration: Arbitration proceedings are confidential. This confidentiality is crucial for protecting sensitive information that may be discussed during the process.

• Additional Provisions

• Third-Party Tools

1. 1. 1. 1. Acknowledgment of Use: VirtualContact AI incorporates various third-party tools and services, including Twilio for communication solutions, Stripe for payment processing, Mailgun for email automation, AWS for cloud services, and Firebase for backend support.
         2. Adherence to Third-Party Terms: Each of these tools has its own set of terms and conditions which users of VirtualContact AI must adhere to. We encourage our users to familiarize themselves with these terms, as they are integral to understanding the overall service agreement.
         3. Responsibility for Compliance: Users are responsible for ensuring their use of VirtualContact AI complies with the terms of these third-party services. Non-compliance with these terms can affect the user’s access to and use of VirtualContact AI.

• Interoperability

1. 1. 1. 1. Seamless Integration: VirtualContact AI is designed to integrate smoothly with the aforementioned third-party tools, providing a cohesive user experience. We continuously work to maintain this interoperability for optimal service performance.
         2. Limitation of Liability: While we strive for seamless integration, VirtualContact AI is not responsible for any interruptions, downtime, or data loss caused by these third-party services. Our liability does not extend to issues originating from these external platforms.
         3. User’s Risk Acknowledgment: Users acknowledge and accept the risks associated with the reliance on third-party tools as part of the service. We recommend users maintain their own data backup solutions as a safeguard against potential data loss.

• Updates to Third-Party Tools

1. 1. 1. Notification of Updates: When significant updates to any of the third-party tools occur, VirtualContact AI will inform its users, particularly when these updates have a direct impact on the functionality or usability of our service.
      2. Adapting to Changes: We are committed to adapting our service in response to updates from these third-party tools. However, there may be instances where adjustments or accommodations are necessary on the user’s part.
      3. Continuous Monitoring: Our team continuously monitors changes and updates from these third-party services to anticipate and manage any potential impact on VirtualContact AI. This proactive approach is aimed at minimizing any disruption to our users.

• Governing Law

1. 1. These Terms and Conditions and any disputes arising out of or related to the services provided by VirtualContact AI shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. All legal proceedings pertaining to these terms will exclusively be conducted in the courts of New York State. This choice of law ensures a consistent and predictable legal framework, aligning with both state and federal regulations. By using VirtualContact AI, users consent to the jurisdiction of New York State for any legal matters associated with these Terms and Conditions.

This document outlines the terms and conditions under which VirtualContact AI operates. It’s essential for users to understand that our service is built on and relies upon various third-party tools, each with its own set of terms and conditions. By using VirtualContact AI, users agree to adhere to these terms as well as those of the third-party services that enable our operations.