1. Acceptance of Terms
‍By accessing or using the Virstack AI Voice Agent services ("Services") provided by Virstack LLC ("Virstack," "we," "us," or "our"), you ("User," "you," or "your") agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

‍2. Description of Services
‍Virstack offers AI-powered voice agent solutions designed to automate customer interactions, including but not limited to lead qualification, appointment scheduling, and customer support. Our Services may be accessed through various platforms, including web applications and APIs.

‍3. User Responsibilities3.1 General Use

• Account Registration: To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.
• Compliance with Laws: You agree to use our Services in compliance with all applicable laws and regulations. You shall not use the Services for any unlawful or prohibited activities.

3.2 Telemarketing Compliance

• Compliance with Telemarketing Laws: If you use Virstack AI Voice Agent for telemarketing purposes, you agree to comply with all applicable telemarketing laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and any local, state, or federal do-not-call registry requirements.
• Consent and Record-Keeping: You are responsible for obtaining and documenting the required consent from recipients before initiating any telemarketing calls or messages using the Services.
• Restricted Use: You agree not to use the Services to contact individuals who have not provided explicit consent or who have opted out of receiving such communications.

4. Payment and Subscription

• Fees: Access to certain features of our Services may require payment. You agree to pay all applicable fees as described on an agreement to be signed by you. All fees are non-refundable unless otherwise stated.
• Subscription Terms: If you subscribe to a recurring service, your subscription will automatically renew at the end of each billing cycle unless canceled prior to renewal. You may cancel your subscription as per the terms to be agreed.

5. Intellectual Property

• Ownership: All content, features, and functionality of the Services, including but not limited to software, text, graphics, logos, and trademarks, are the exclusive property of Virstack or its licensors and are protected by intellectual property laws.
• License: Virstack grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes, subject to these Terms.

6. Confidentiality

• Definition: "Confidential Information" includes any non-public information disclosed by Virstack to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
• Obligations: You agree to maintain the confidentiality of Confidential Information and to use it solely for the purpose of using the Services. You shall not disclose Confidential Information to any third party without Virstack's prior written consent.

7. Data Privacy

• User Data: We collect and process personal data in accordance with our Privacy Policy. By using our Services, you consent to such processing and warrant that all data provided by you is accurate.
• Third-Party Services: Our Services may integrate with third-party services. We are not responsible for the privacy practices of these third parties, and you should review their privacy policies independently.

8. Termination

• By User: You may terminate your account at any time by following the instructions provided in your agreement.
• By Virstack: We reserve the right to suspend or terminate your access to the Services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or third parties, or for any other reason.

9. Disclaimers and Limitation of Liability

• YAs-Is Basis: The Services are provided "as is" and "as available," without warranties of any kind, either express or implied.
• Limitation: To the fullest extent permitted by law, Virstack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.

10. Indemnification

You agree to indemnify, defend, and hold harmless Virstack, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Irvine, California, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys' fees, and the parties shall share equally the arbitrator's fees and administrative costs of arbitration.

12. Changes to Terms

Virstack reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Your continued use of the Services after the posting of changes constitutes your acceptance of such changes.

13. Contact Information

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

Virstack LLC

2102 Business Center Dr
Irvine, CA 92612
USA
Phone: 1-800-314-6696