Terms Of Service

Vylor Marketing Terms of Service

This Terms of Service Agreement ("Agreement") is a legally binding contract between you ("Client," "you," or "your") and Vylor Marketing ("Company," "we," "us," or "our"), a business entity operating in the State of Texas.

This Agreement governs your use of our AI-powered marketing and automation services, our website located at https://vylormarketing.com, and any related software or platforms we provide (collectively, the "Services").

By engaging with, paying for, or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these terms, you must not use our Services.

1. Definitions

"AI Solutions" refers to the AI-powered tools, including AI voice assistants and AI chatbots, designed to interact with your customers, manage communications, and perform automated tasks on behalf of your business.

"Client Information" means any data, information, or content provided by you to us for the purpose of configuring, training, or operating the Services. This includes business information, customer data, call scripts, and any other materials necessary to deliver the Services.

"Platform" refers to the software systems and third-party integrations, including GoHighLevel, that we use to deliver the Services.

"Monthly Service Fee" refers to the recurring monthly payments for ongoing access to and maintenance of the Services.

"Implementation Fee" refers to the one-time fee charged for the initial setup, configuration, training, and deployment of the AI Solutions and related systems.

2. Description of Services

We provide AI-powered marketing and automation services designed specifically for local businesses, which may include:

AI Voice Assistants: To handle inbound calls 24/7, answer customer inquiries, qualify leads, book appointments, and ensure no calls go unanswered.

AI Chatbots: To engage with website visitors, respond to inquiries, capture lead information, and provide instant customer support.

Marketing Automation & Funnels: To manage lead follow-up, nurture customer relationships, and optimize conversion through automated communication sequences.

AI Solution Limitations: You acknowledge that our AI Solutions are advanced software tools designed to augment your business operations, but they are not human employees. While highly capable, AI Solutions may occasionally make errors, misinterpret requests, or perform in unexpected ways. We are not liable for any damages arising from the actions, inactions, or performance of the AI Solutions. These tools are intended to support your team, not replace human judgment and oversight.

3. Fees and Payment Terms

Implementation Fee: A one-time, non-refundable Implementation Fee is required to begin delivery of your Services. This fee covers initial consultation, system setup, AI configuration, training, and deployment.

Monthly Service Fee: The Services are provided on a monthly subscription basis. The recurring Monthly Service Fee will be automatically billed to your payment method on file on the same day each month.

Late or Failed Payments: If a payment is not successfully processed, we reserve the right to suspend or terminate your access to the Services until payment is received. A late fee of 1.5% per month may be applied to overdue balances.

Fee Adjustments: We reserve the right to modify our pricing structure at any time. You will receive at least 30 days advance notice of any fee changes affecting your account.

4. Client Obligations and Responsibilities

Accurate Information: You agree to provide complete and accurate information about your business, operations, and requirements as needed for proper setup and delivery of the Services.

Training Materials: You are responsible for providing the Client Information necessary to properly configure and train the AI Solutions for your specific business needs. You represent and warrant that you have all necessary rights to provide this information and that its use will not violate any laws or third-party rights.

Legal Compliance: You agree to use the Services in full compliance with all applicable federal, state, and local laws and regulations, including but not limited to laws governing marketing practices, consumer protection, data privacy, and telecommunications such as the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and state-specific regulations. You are solely responsible for ensuring your use of AI-powered communication tools is lawful.

Monitoring and Oversight: You agree to periodically monitor the performance of the AI Solutions and promptly notify us of any issues, errors, or concerns that arise.

5. Intellectual Property Rights

Our Property: We retain all rights, title, and interest in and to our Services, the Platform, the underlying AI technology, software, methodologies, templates, and processes developed by us. This Agreement does not transfer any ownership rights to our intellectual property to you.

Your Property: You retain all ownership rights to your Client Information. By providing it to us, you grant us a limited, non-exclusive, royalty-free license to use, process, and modify your Client Information solely for the purpose of delivering the Services to you.

Custom Content: Any specific website/funnel copies, or marketing content created exclusively for your business ("Custom Content") shall become your property upon full payment of all fees associated with its creation.

6. Confidentiality and Data Protection

Confidential Treatment: We agree to treat your Client Information as confidential and will not disclose it to third parties except as necessary to provide the Services or as required by law.

Security Measures: We will implement reasonable security measures to protect your Client Information from unauthorized access, disclosure, or misuse. However, no system is completely secure, and we cannot guarantee absolute protection.

Privacy Policy: Our collection, use, and handling of personal information are governed by our Privacy Policy, available at

https://vylormarketing.com/privacy-policy.

7. Service Availability and Performance

We will use commercially reasonable efforts to ensure the Services remain available and operational. We aim for a service uptime of 99.0%, excluding scheduled maintenance periods or downtime caused by factors outside our reasonable control, such as third-party platform issues, internet service disruptions, or force majeure events. We do not provide service credits or refunds for downtime.

8. Third-Party Platforms and Integrations

The Services may integrate with or rely upon third-party platforms such as GoHighLevel, phone carriers, or other software providers. While we facilitate these integrations, we are not responsible for the performance, availability, security, data practices, or support provided by any third-party services. Your use of third-party platforms is governed by their respective terms of service and privacy policies.

9. Term and Termination

Agreement Term: This Agreement begins on the date you sign up for Services and continues on a month-to-month basis until terminated by either party.

Your Right to Terminate: You may terminate this Agreement at any time by providing us with written notice at least 30 days in advance. Termination will take effect at the end of your current billing cycle, and you will not be charged for subsequent months.

Our Right to Terminate: We may suspend or terminate this Agreement and your access to the Services immediately if you: (a) breach any material term of this Agreement, (b) fail to make timely payments, or (c) use the Services for any unlawful or prohibited purpose.

Post-Termination: Upon termination, your access to the Services will be revoked. We will retain your Client Information for a period of 30 days to allow for data retrieval, after which it may be permanently deleted unless otherwise required by law.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VYLOR MARKETING, ITS OWNERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF THE AI SOLUTIONS.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Refund Policy

All Setup Fees are non-refundable once work has begun. Monthly Service Fees are billed in advance and are non-refundable for the billing period in which they are paid. If you choose to terminate your service, you will not receive a refund for the current billing period, but you will not be charged for any future periods following your notice of termination.

13. Dispute Resolution and Governing Law

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Dallas County, Texas. You agree to waive your right to a jury trial.

14. General Provisions

Entire Agreement: This Agreement constitutes the entire agreement between you and Vylor Marketing regarding the Services and supersedes all prior communications, agreements, and understandings.

Severability: If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement remains in full force and effect.

Notices: All notices, requests, or communications under this Agreement must be in writing and sent to [email protected].

Amendments: We may amend this Agreement from time to time to reflect changes in our Services, business practices, or legal requirements. We will notify you of any material changes by posting the updated terms on our website or by sending you an email. Your continued use of the Services after receiving notice of such changes constitutes your acceptance of the amended terms.

No Waiver: Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

Contact Information:

If you have any questions about this Agreement or the Services, please email us at: [email protected]