Terms of Service

Last Updated: December 9, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and VivaStaff, Inc. ("VivaStaff," "Company," "we," "us," or "our") governing your access to and use of the VivaStaff website at vivastaff.ai and all related services, applications, and platforms (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

2. Description of Services

VivaStaff provides an AI-powered platform for businesses to manage customer communications, including but not limited to:

  • AI-assisted email response drafting and management
  • Lead qualification and response automation
  • Appointment scheduling and calendar integration
  • Customer support ticket management
  • Human supervisor review and oversight of AI-generated content
  • Integration with third-party email providers (Gmail, Outlook)
  • Integration with third-party calendar services

VivaStaff acts as a technology platform provider. We provide tools and AI assistance, but all customer communications sent through our platform are ultimately your responsibility.

3. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Services under applicable law
  • If registering on behalf of a business, have the authority to bind that business to these Terms

4. Account Registration and Security

To access certain features of our Services, you must create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password confidential and secure
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or suspicious activity.

5. User Responsibilities

As a user of our Services, you are responsible for:

  • All content transmitted through your account, including AI-generated drafts you approve and send
  • Ensuring communications comply with applicable laws and regulations
  • Obtaining necessary consents from recipients of your communications
  • Reviewing and approving AI-generated content before sending
  • The accuracy of information provided to our AI systems
  • Maintaining appropriate business licenses and certifications for your industry

6. Prohibited Uses

You agree not to use our Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Send spam, unsolicited communications, or engage in harassment
  • Transmit malware, viruses, or other harmful code
  • Engage in fraudulent, deceptive, or misleading practices
  • Impersonate any person or entity
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services
  • Use the Services for any illegal purpose, including but not limited to violations of anti-spam laws
  • Scrape, data mine, or extract data from our Services without authorization
  • Reverse engineer, decompile, or disassemble any part of our Services
  • Use the Services for emergency services or life-threatening situations
  • Transmit content that is defamatory, obscene, or infringes intellectual property rights

7. Compliance with Communication Laws

If you use our Services for outbound communications, you are solely responsible for compliance with all applicable laws and regulations, including but not limited to:

  • CAN-SPAM Act (for email communications)
  • Telephone Consumer Protection Act (TCPA)
  • Telemarketing Sales Rule (TSR)
  • State-specific telemarketing and communication laws
  • Do Not Call registry requirements
  • GDPR and other international privacy regulations where applicable

You must obtain all necessary consents before contacting individuals through our platform and maintain records of such consents.

8. Fees and Payment

8.1 Subscription Plans

Our Services are offered through various subscription plans as described on our pricing page. Fees are billed in advance on a monthly or annual basis depending on your selected plan.

8.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You authorize us to charge your payment method on file for renewal fees.

8.3 Price Changes

We may change our prices at any time. Price changes will take effect at the start of the next billing period following notice to you.

8.4 Refunds

Except as required by law, all fees are non-refundable. If you cancel your subscription, you will retain access to the Services until the end of your current billing period.

8.5 Taxes

Fees do not include taxes. You are responsible for paying all applicable taxes, and we may charge tax where required by law.

9. Free Trial and Non-Profit Programs

We may offer free trials or special programs for qualifying organizations:

  • Free Trials: Trial periods are offered at our discretion and may be limited or terminated at any time.
  • Non-Profit Program: Qualifying 501(c)(3) organizations may be eligible for free or discounted access. Eligibility is determined at our sole discretion and requires proof of non-profit status.

We reserve the right to modify, suspend, or discontinue any promotional programs at any time.

10. Intellectual Property

10.1 Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to software, text, graphics, logos, and icons), are owned by VivaStaff and are protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms.

10.3 Your Content

You retain ownership of content you provide to the Services. By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely to provide and improve the Services.

10.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to compensate you.

11. AI-Generated Content

Our Services use artificial intelligence to generate draft responses and assist with communications. You acknowledge and agree that:

  • AI-generated content is provided as suggestions only and requires human review
  • You are solely responsible for reviewing, editing, and approving all AI-generated content before use
  • AI outputs may contain errors, inaccuracies, or inappropriate content
  • We do not guarantee the accuracy, completeness, or suitability of AI-generated content
  • You should not rely solely on AI-generated content for critical business decisions

12. Third-Party Services

Our Services may integrate with or contain links to third-party services (such as Google Calendar, Microsoft Outlook, payment processors, etc.). We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies.

13. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will meet your specific requirements
  • The Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Services will be accurate or reliable
  • Any errors in the Services will be corrected

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVASTAFF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to, use of, or inability to use the Services
  • Any content obtained from the Services, including AI-generated content
  • Unauthorized access to or alteration of your data
  • Any third-party conduct on the Services
  • Any other matter relating to the Services

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

16. Indemnification

You agree to indemnify, defend, and hold harmless VivaStaff and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any applicable law or third-party rights
  • Content you transmit through the Services
  • Any claim that your use of the Services caused damage to a third party

17. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination:

  • Your right to use the Services will immediately cease
  • We may delete your account and data (subject to our data retention policies)
  • You remain liable for any outstanding fees
  • Provisions of these Terms that should survive termination will remain in effect

You may terminate your account at any time through your account settings or by contacting us.

18. Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

18.2 Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California. You agree to waive any right to a jury trial or to participate in a class action.

18.3 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for claims involving intellectual property rights or unauthorized access to the Services.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VivaStaff regarding the Services.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19.5 Electronic Communications

You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Services.

20. Contact Us

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

VivaStaff, Inc.

Email: legal@vivastaff.ai

General Inquiries: hello@vivastaff.ai