Terms and Conditions

Terms and Conditions

1. Introduction
Welcome to Vibrant Advisor LLC! These Terms of Service govern your use of our services, which include our AI caller designed to assist real estate agents and small businesses with qualifying and scheduling appointments. By accessing or using our services, you agree to be bound by these terms.

2. Acceptance of Terms  
By accessing or using the services provided by Vibrant Advisor LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services.

3. Services Provided  
Vibrant Advisor LLC offers an AI caller service that assists real estate agents and small businesses in qualifying leads and scheduling appointments. Our services include, but are not limited to, automated phone calls, appointment scheduling, and follow-up communications. We strive to ensure that our services are effective and user-friendly. We offer a conditional guarantee: if you do not receive at least 10 booked appointments within 90 days of using our service, you will be eligible for a refund of the fees paid for that period.

4. User Responsibilities  
As a user of Vibrant Advisor LLC's services, you agree to the following responsibilities:

1. You will provide accurate and complete information necessary for the effective use of our services.
2. You will comply with all applicable laws and regulations when using our services.
3. You will not use our services for any unlawful or prohibited purpose, including but not limited to harassment, spamming, or any form of fraudulent behavior.
4. You will promptly notify us of any issues or concerns regarding the functionality of our services.

5. Payment Terms  
Users of Vibrant Advisor LLC's services agree to pay the fees associated with the selected service package. Payment terms are as follows:

1. Fees will be clearly outlined during the registration process, and users will be informed of any recurring charges.
2. Payments are due at the start of the billing cycle and must be made via the accepted payment methods specified on our platform.
3. Users are responsible for ensuring that their payment information is current and accurate. Failure to provide accurate payment information may result in service interruptions.
4. All fees are non-refundable, except where specified in the cancellation and refund policy.

6. Refund Policy  
Users may cancel their subscription to Vibrant Advisor LLC's services at any time. The cancellation terms are as follows:

1. To cancel your subscription, you must provide written notice to us at least [insert notice period, e.g., 30 days] prior to the end of your billing cycle.
2. Upon cancellation, you will continue to have access to the services until the end of the current billing period.
3. Refunds are only available if you do not receive at least 10 booked appointments within the first 90 days of using our service, as outlined in the Services Provided section.
4. No other refunds will be granted for fees paid.

7. Limitation of Liability
To the fullest extent permitted by law, Vibrant Advisor LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services. This includes, but is not limited to, loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising out of or relating to these Terms of Service or your use of our services shall not exceed the total fees paid by you to us in the 6 months preceding the claim.

8. Privacy Policy
Your privacy is important to us. Vibrant Advisor LLC is committed to protecting your personal information. Our Privacy Policy outlines how we collect, use, and safeguard your information. By using our services, you consent to the collection and use of your information in accordance with our Privacy Policy. For more detailed information, please refer to our full Privacy Policy.

9. Intellectual Property
All content, features, and functionality of the services provided by Vibrant Advisor LLC, including but not limited to text, graphics, software, and any other materials, are the exclusive property of Vibrant Advisor LLC and are protected by copyright, trademark, and other intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to use our services for their intended purpose. Users may not reproduce, distribute, modify, or create derivative works based on our services without prior written consent from Vibrant Advisor LLC.

10. User Content
If you provide any content, including but not limited to scripts, information, or materials for our AI caller service, you grant Vibrant Advisor LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such content in connection with the provision of our services. You represent and warrant that you own or have the necessary rights to the content you provide, and that it does not infringe upon the rights of any third parties. Vibrant Advisor LLC is not responsible for any claims arising from the content you provide.

11. Dispute Resolution  
In the event of any dispute arising from or relating to these Terms and Conditions or the services provided, the parties agree to first attempt to resolve the dispute through informal discussions. If the dispute cannot be resolved informally, the parties agree to submit the dispute to mediation before pursuing any other legal remedies. If mediation fails, the parties may then proceed to arbitration, which will be conducted in accordance with the rules of the American Arbitration Association.

12. Force Majeure  
Vibrant Advisor shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure results from any cause beyond Vibrant Advisor's reasonable control, including but not limited to forces of nature, war, terrorism, labor disputes, governmental actions, or pandemics. In such an event, Vibrant Advisor will notify clients as soon as reasonably possible and will resume performance as soon as the force majeure event concludes.

13. Indemnification
You agree to indemnify, defend, and hold harmless Vibrant Advisor LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of our services, your violation of these Terms of Service, or your violation of any rights of another party, including any intellectual property rights.

14. Termination
You may terminate your account and cease using our services at any time by providing us with written notice through our designated contact methods, at which point your access will cease immediately. We reserve the right to suspend or terminate your access to our services at our discretion, without notice, for any reason, including but not limited to violations of these Terms of Service, engaging in fraudulent or unlawful activities, providing false or misleading information, or any conduct that we believe is harmful to Vibrant Advisor LLC, our users, or any third party. Upon termination, all rights granted to you under these Terms will immediately cease, and you will no longer have access to your account or any associated data. Vibrant Advisor LLC will not be liable for any losses or damages resulting from your termination or our termination of your access. Additionally, the provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, indemnification, liability limitations, and dispute resolution.

15. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law principles. By using our services, you agree that any disputes arising out of or related to these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in Worcester, MA. You consent to the jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Changes to Terms
Vibrant Advisor LLC reserves the right to modify or update these Terms of Service at any time, in our sole discretion. We will provide notice of any significant changes by posting the updated Terms on our website or through other appropriate communication methods. Your continued use of our services following the posting of any changes constitutes your acceptance of the new Terms. We encourage you to periodically review these Terms to stay informed about our practices and your rights. If you do not agree to the revised Terms, you must stop using our services immediately.

17. Contact Information
If you have any questions, concerns, or comments regarding these Terms of Service or our services, please feel free to contact us. You can reach us at vibrantadvisor.com or 765-508-3083. We will do our best to respond to your inquiries in a timely manner.