Terms of Service
Last updated: December 17, 2024
1. Acceptance of Terms
By accessing or using Vonti ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
2. Description of Service
Vonti is a service notification platform that enables businesses to send text message updates to their customers about service status, such as when an order is ready for pickup or a job has been completed.
3. Account Registration
- You must provide accurate and complete information when creating an account.
- You must verify your phone number and email address during registration.
- You are responsible for maintaining the security of your account credentials.
- You must be at least 18 years old and have the authority to bind your business to these terms.
- One account per business. Multiple accounts for the same business are not permitted.
4. Subscription and Payment
- The Service costs $19 per month, billed monthly through Stripe.
- Your subscription will automatically renew each month until cancelled.
- You may cancel your subscription at any time through the billing portal.
- Upon cancellation, you retain access until the end of your current billing period.
- Refunds are not provided for partial months or unused service.
- We reserve the right to change pricing with 30 days notice.
5. Acceptable Use
You agree to use Vonti only for legitimate business purposes. You must NOT:
- Send unsolicited messages or spam to individuals who have not engaged with your business
- Send marketing, promotional, or advertising messages through the Service
- Use the Service for any illegal purpose or to violate any laws
- Send messages containing harassment, threats, or inappropriate content
- Attempt to circumvent rate limits or abuse the notification system
- Share your account credentials with others
- Use automated systems to create tickets or send notifications without human oversight
- Misrepresent your identity or your business
6. Customer Consent
You are solely responsible for obtaining appropriate consent from your customers before sending them text notifications through Vonti. By using the Service, you represent and warrant that:
- Each customer whose phone number you add has a legitimate business relationship with you
- You have informed customers that they will receive text notifications about their service
- You will honor any customer request to stop receiving notifications
- You will comply with all applicable laws regarding electronic communications, including the TCPA
7. Service Limitations
- Text notifications are limited to United States phone numbers only
- Rate limits apply to prevent abuse (details in our documentation)
- We do not guarantee 100% message delivery as this depends on carrier networks
- The Service may be temporarily unavailable for maintenance or updates
8. Your Data
- You retain ownership of all data you submit to the Service
- You grant us license to use your data solely to provide the Service
- You are responsible for maintaining backups of your data
- We may delete your data after account termination as described in our Privacy Policy
9. Intellectual Property
Vonti and its original content, features, and functionality are owned by Vonti and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works based on the Service.
10. Termination
We may suspend or terminate your account immediately if you:
- Violate these Terms of Service
- Use the Service for spam or unauthorized messaging
- Fail to pay subscription fees
- Engage in fraudulent activity
Upon termination for violation of these Terms, your right to use the Service will immediately cease and your subscription will be cancelled without refund. We are not liable for any loss of data resulting from termination. No refunds, credits, or prorated amounts will be provided for accounts terminated due to policy violations.
11. Disclaimer of Warranties
THE SERVICE IS 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: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) TEXT MESSAGES WILL BE DELIVERED TO RECIPIENTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VONTI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, revenue, or business
- Loss of data or data corruption
- Loss of goodwill or reputation
- Cost of procurement of substitute services
- Any other intangible losses
- Failure to deliver text messages
- Unauthorized access to or alteration of your data
- Statements or conduct of any third party on the Service
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VONTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL VONTI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) NINETEEN DOLLARS ($19.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Indemnification
You agree to defend, indemnify, and hold harmless Vonti, its officers, directors, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms of Service
- Your violation of any third-party right, including without limitation any privacy right, publicity right, or intellectual property right
- Your violation of any applicable law, rule, or regulation, including the Telephone Consumer Protection Act (TCPA)
- Any claim that your use of the Service caused damage to a third party
- Any messages you send through the Service
- Any customer data you submit to the Service
- Any claim by your customers related to notifications sent through the Service
This indemnification obligation will survive the termination of these Terms and your use of the Service.
14. Release
You hereby release Vonti and its officers, directors, employees, agents, partners, suppliers, and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
15. Assumption of Risk
You acknowledge and agree that you assume full responsibility for your use of the Service. You acknowledge that the Service involves sending text messages to third parties and that you are solely responsible for ensuring compliance with all applicable laws regarding such communications.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by email or through the Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
19. Entire Agreement
These Terms constitute the entire agreement between you and Vonti regarding the use of the Service, superseding any prior agreements between you and Vonti relating to the Service.
20. Contact Us
If you have questions about these Terms, please contact us at support@vonti.co