Terms of Service for Our Platform

TERMS OF SERVICE

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TERMS OF SERVICE

Effective Date: February 20th 2026
Last Updated: February 20th 2026

These Terms of Service (“Terms”) are entered into by and between Vybrant AI LLC (“Vybrant AI,” “Vybrant,” “we,” “us,” or “our”) and the individual or entity agreeing to these Terms (“Customer,” “you,” or “your”).

By accessing or using the Services, executing an Order Form, or clicking “I agree,” you agree to be legally bound by these Terms.

If you are accepting on behalf of a business entity, you represent that you have authority to bind that entity.

1. SERVICES

Vybrant AI provides AI-powered business software and automation tools, which may include:

Voice AI agents
SMS and messaging automation
AI chat functionality
Website development and hosting
Review and reputation tools
CRM and workflow automation
Integrations with third-party platforms
Professional services (implementation, onboarding, consulting)

(Collectively, the “Services.”)

Services may be provided pursuant to an online subscription checkout, Order Form, or Statement of Work (“SOW”). If there is a conflict, the Order Form controls.

2. ACCOUNT REGISTRATION AND SECURITY

You must provide accurate information and maintain updated account details.

You are responsible for:

All activity under your account
Maintaining password security
Ensuring only authorized users access your account

Vybrant AI may suspend access if security risks are detected.

3. ACCEPTABLE USE AND RESTRICTIONS

You may not:

Reverse engineer, decompile, or attempt to copy our software
Resell or sublicense the Services without written approval
Use the Services for unlawful activity
Upload malware or harmful code
Send unlawful, deceptive, or harassing communications
Violate privacy, intellectual property, or consumer protection laws
Benchmark or publicly publish performance tests without permission

We may suspend or terminate access for violations of these Terms.

4. AI FEATURES DISCLAIMER

Certain Services use artificial intelligence systems and third-party AI models.

You acknowledge:

AI outputs may contain inaccuracies
AI responses may not be appropriate for all situations
AI should not be relied upon for legal, medical, financial, or high-risk decisions without independent review

Vybrant AI is not responsible for decisions made based on AI outputs.

5. COMMUNICATIONS AND TELEMARKETING COMPLIANCE

If you use Voice AI, SMS, email, or messaging tools, you represent and warrant that you will comply with:

The Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
State telemarketing laws
Do-Not-Call regulations
Carrier guidelines and CTIA requirements
Any other applicable communications laws

You are solely responsible for:

Obtaining required prior express written consent
Maintaining proof of consent
Honoring opt-out requests
Maintaining suppression lists
Ensuring lawful communication practices

Vybrant AI does not provide legal advice regarding communications compliance.

You agree to indemnify Vybrant AI against any claims, fines, or penalties arising from your communications activities.

6. CUSTOMER DATA

You retain ownership of all Customer Data.

You grant Vybrant AI a limited, non-exclusive license to host, process, store, transmit, and display Customer Data solely for the purpose of providing the Services.

Vybrant AI does not sell Customer Data.

Personal data is handled in accordance with our Privacy Policy.

7. PRIVACY AND CALIFORNIA RIGHTS

Vybrant AI processes personal information in accordance with:

U.S. federal privacy laws
California Consumer Privacy Act (CCPA), as amended by CPRA
Other applicable state privacy laws

California residents may have rights to:

Know
Delete
Correct
Opt out of sale or sharing (if applicable)

Details are provided in our Privacy Policy.

8. FEES AND PAYMENT

Fees are stated in your Order Form or subscription checkout.

All fees are non-refundable unless otherwise stated
Fees exclude taxes
You are responsible for applicable taxes
Late payments may accrue interest at 1.5% per month or the maximum allowed by law
Services may be suspended for non-payment

9. AUTOMATIC RENEWAL

Subscriptions automatically renew for successive terms equal to the initial term unless cancelled.

To cancel renewal, you must:

Use the account billing portal (if available), or
Email info@vybrant.ai before the renewal date

Cancellation must be submitted at least 30 days prior to renewal unless otherwise stated in your Order Form.

Vybrant AI provides disclosures consistent with California Automatic Renewal Law requirements.

10. TERM AND TERMINATION

These Terms remain in effect while you use the Services.

Either party may terminate for material breach with 30 days’ written notice.

Upon termination:

Access to Services ends
Outstanding fees remain due
Data export may be available for a limited period

11. INTELLECTUAL PROPERTY

Vybrant AI retains all rights in:

Software
Code
AI systems
Trademarks
Branding
Platform architecture

You may not copy or create derivative works.

Feedback provided by you may be used by Vybrant AI without restriction.

12. WARRANTIES DISCLAIMER

Services are provided “AS IS” and “AS AVAILABLE.”

Vybrant AI disclaims all implied warranties, including:

Merchantability
Fitness for a particular purpose
Non-infringement

We do not guarantee uninterrupted or error-free operation.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Vybrant AI’s total liability will not exceed the amount paid by Customer in the 12 months preceding the claim.

Vybrant AI will not be liable for:

Lost profits
Indirect damages
Consequential damages
Data loss
Business interruption

This limitation does not apply to liabilities that cannot legally be limited.

14. INDEMNIFICATION

Customer agrees to defend and indemnify Vybrant AI against claims arising from:

Customer Data
Communications violations
Misuse of Services
Violations of law

15. DISPUTE RESOLUTION

These Terms are governed by the laws of the State of California.

Any dispute shall be resolved through binding arbitration in California under the Federal Arbitration Act.

Class action lawsuits are waived to the fullest extent permitted by law.

Either party may seek injunctive relief for intellectual property violations.

16. CALIFORNIA CIVIL CODE §1789.3 DISCLOSURE

California residents may contact:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
400 R Street, Suite 1080
Sacramento, CA 95814
Phone: (800) 952-5210