These Terms of Service ("Terms") govern your access to and use of the VartAI website and conversational AI services (the "Services"). By accessing the Services or signing an order form referencing these Terms, you ("Customer") agree to be bound by them.
The Services
VartAI provides an AI-powered platform that replies to inbound leads by SMS and voice, books appointments, and routes conversations to human teammates. Specific features, volumes, and support levels are set out in your order form or plan.
Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at hello@vartai.ai of any unauthorized use.
Acceptable use
You will not, and will not permit any user to:
- Use the Services to send unlawful, deceptive, harassing, or unsolicited communications.
- Contact any individual without a valid legal basis (see Section 4).
- Attempt to interfere with, reverse engineer, or circumvent security controls.
- Use the Services to build a competing product or benchmark for public comparison without our written consent.
Consent, CASL, TCPA, and lead provenance
VartAI is a lead-nurturing platform. You represent and warrant that, for every phone number, email address, or other contact submitted to the Services, you have obtained the legal basis required to contact the individual under all applicable laws, including:
- The U.S. Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and FCC implementing rules — including "prior express written consent" for autodialed / prerecorded / marketing SMS to wireless numbers, with clear and conspicuous disclosures.
- Canada's Anti-Spam Legislation (CASL), S.C. 2010, c. 23 — express or implied consent, plus identification and unsubscribe requirements, for commercial electronic messages.
- The EU/UK GDPR and PECR, and any other applicable data-protection or electronic-marketing laws.
- State-level statutes including the Florida Telephone Solicitation Act, Oklahoma TCPA, Washington CEMA, and similar mini-TCPAs.
Proof of lead generation (U.S. customers). VartAI operates a consent-based outreach model. You will provide, and retain for the retention period required by law, documentation of the lead source, timestamp, IP address, opt-in language, and any subsequent revocation, and you will make such documentation available to us on reasonable request. We reserve the right to suspend nurturing of any list or record for which sufficient proof of consent cannot be produced. Nothing in this Section transfers TCPA or CASL responsibility from you to VartAI; you remain the "sender" of your messages.
You will honor STOP / UNSUBSCRIBE / opt-out requests immediately, refrain from re-engaging opted-out individuals, and comply with quiet-hours and calling-time restrictions in each recipient's jurisdiction.
Customer data and privacy
As between the parties, you own the data you submit to the Services ("Customer Data"). You grant VartAI a limited license to process Customer Data solely to provide, secure, and improve the Services and to comply with law. Our processing of personal information is described in the Privacy Policy, which is incorporated by reference. Where required, the parties will execute a Data Processing Addendum.
Fees and payment
Fees are set in your order form. Unless stated otherwise, invoices are due net-30, non-refundable, and exclusive of taxes. Late amounts accrue interest at 1.5% per month or the maximum permitted by law. Payments are processed by Stripe under Stripe's terms.
Term and termination
These Terms remain in effect for the subscription term in your order form and renew per its terms. Either party may terminate for material, uncured breach on 30 days' written notice. Upon termination we will make Customer Data available for export for 30 days, after which we may delete it in the ordinary course.
Confidentiality
Each party will protect the other's non-public information with the same care it uses for its own confidential information (and at minimum reasonable care), and will use it only to perform under these Terms.
Warranties and disclaimers
The Services are provided "as is" and "as available". Except as expressly stated, VartAI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. AI outputs may be imperfect; you are responsible for reviewing material communications sent on your behalf.
Indemnification
You will indemnify, defend, and hold harmless VartAI and its officers, employees, and agents from and against any claim, loss, or expense arising out of (a) Customer Data, (b) your breach of Section 3 or 4 (including TCPA, CASL, GDPR, or state-mini-TCPA claims premised on messages you initiated), or (c) your violation of law.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data. Each party's aggregate liability under these Terms will not exceed the fees paid by Customer to VartAI in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to Customer's indemnity obligations, breaches of confidentiality, or amounts owed for the Services.
Governing law
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Toronto, Ontario, subject to any non-waivable consumer rights.
Google sign-in and Google Calendar access
The VartAI application at app.vartai.ai offers Sign in with Google and an optional Google Calendar connection (directly and through our scheduling partner Cal.com). By authorizing these connections on Google's consent screen, you grant VartAI permission to access the specific Google account information and Google Calendar data described in our Privacy Policy, solely to (a) authenticate you into the Services and (b) read availability and create, update, or cancel calendar events on your behalf to book meetings with your leads.
VartAI's use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We do not sell Google user data, do not use it for advertising, do not allow humans to read it except in the narrow cases permitted by the Limited Use policy, and do not use it to train generalized AI/ML models. You may revoke VartAI's access at any time from Google Account → Security → Third-party access or by disconnecting the integration inside the app. Cal.com's processing of the calendar events you schedule is additionally governed by Cal.com's terms and privacy policy.
Changes
We may update these Terms from time to time. Material changes will be posted here with a new "Last updated" date and, where required, notified to you before they take effect.
Contact
Questions about these Terms? Email hello@vartai.ai.
Questions? Email hello@vartai.ai