Last Updated: July 2, 2026

Terms of Service

Welcome to Vibrant Advisor, LLC (“Vibrant Advisor,” “Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services, including our AI-powered calling, communication, lead qualification, and appointment-setting systems designed to support real estate agents and small businesses.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

1. Eligibility and Acceptance

By using our services, you represent and warrant that:

• You are at least 18 years old;

• You have the legal authority to enter into these Terms;

• You have read and understand these Terms; and

• You will comply with all applicable laws, regulations, and industry requirements.

2. Services

Vibrant Advisor provides AI-powered caller and communication systems that may include:

• Lead qualification;

• Automated outbound and inbound calling;

• Appointment scheduling;

• Follow-up communications; and

• CRM-related integrations.

We may update, modify, improve, suspend, or discontinue any part of the services at any time, with or without notice, to the extent permitted by law.

3. Setup Fee, Trial Period, Handoff, and Billing

Fees for the services will be disclosed before purchase, at checkout, in an invoice, in an order form, in a proposal, or in a separate written agreement.

Unless otherwise agreed in writing, clients are responsible for a one-time, non-refundable setup fee due before onboarding, configuration, implementation, or account setup begins.

The setup fee covers onboarding, configuration, testing, implementation, and handoff of your AI-powered caller or communication system.

“Handoff” means the date when all of the following have occurred: the client has made the second required payment, the client has submitted the required onboarding form, and Vibrant Advisor has granted the client access to the applicable AI-powered caller, communication system, workflow, integration, or other deliverable.

After handoff, you will receive a thirty (30) day trial period beginning on the date of handoff. During this trial period, you may evaluate the services and determine whether they are a good fit for your business.

If you cancel before the end of the 30-day trial period, your service will not continue into the recurring monthly subscription, and you will not be charged the recurring subscription fee.

To avoid being charged the recurring subscription fee after the trial period, you must submit your cancellation request before the trial period ends. Cancellation requests submitted on or after the trial end date may not prevent the applicable charge from being processed.

If you do not cancel before the end of the 30-day trial period, your service will automatically continue as a recurring subscription at the rate disclosed to you before purchase, at checkout, in an invoice, in an order form, in a proposal, or in a separate written agreement.

Recurring subscription fees will continue to be charged until canceled in accordance with these Terms or your applicable service agreement.

To avoid a renewal charge, you must submit your cancellation request before the applicable renewal date. Cancellation requests submitted on or after the renewal date may not prevent the applicable charge from being processed.

We do not guarantee any specific business outcome, revenue level, lead quality, appointment volume, conversion rate, or number of appointments.

4. SMS and Communications Policy

By providing your phone number through our website, forms, contracts, or other communication channels, you agree that Vibrant Advisor may send you SMS messages related to your relationship with us, subject to applicable law.

Consent to receive SMS messages is not a condition of purchase.

SMS Use Cases

SMS messages may include:

• Appointment confirmations and reminders;

• Lead qualification follow-ups;

• Service onboarding communications;

• Account notifications;

• Customer support messages; and

• Promotional messages, but only where you have provided any required explicit opt-in.

Message frequency may vary depending on your interaction with our services.

Message and data rates may apply. You are responsible for any charges imposed by your wireless carrier. For questions about your text or data plan, please contact your wireless provider.

Opt-Out

You may opt out of SMS communications at any time by replying STOP to any message from us. After we receive your opt-out request, we may send a final confirmation message confirming that you have been unsubscribed. After that, you will no longer receive SMS messages from us unless you opt in again.

Help

For assistance, reply HELP or contact us at:

Phone: 1-424-622-9231

Email: [email protected]

Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Supported Carriers

Our messaging program supports major U.S. carriers, including AT&T, Verizon, T-Mobile, and many regional carriers. Carrier participation may change without notice.

5. User Responsibilities

You agree to use our services lawfully, responsibly, and only for legitimate business purposes. You further agree:

• To provide accurate, current, and complete information;

• To comply with all applicable federal, state, and local laws, including TCPA, telemarketing, privacy, and consumer protection laws;

• Not to use the services for unlawful, abusive, harassing, deceptive, fraudulent, or spam-related activity;

• Not to upload, import, or use contact data without proper authorization and consent where required; and

• To ensure that your own communications, campaigns, scripts, and workflows comply with laws applicable to your business.

You are solely responsible for your compliance obligations relating to your use of the services, including telemarketing, contact consent, and communications law compliance.

6. Fees and Payment

Fees for the services will be disclosed before purchase, at checkout, in an invoice, in an order form, in a proposal, or in a separate written agreement.

Unless otherwise agreed in writing, clients are responsible for:

A one-time, non-refundable setup fee due before onboarding, configuration, implementation, or account setup begins; and

Recurring subscription fees beginning after the 30-day trial period ends, unless canceled before that time.

The applicable recurring subscription fee will be the amount disclosed to the client before purchase, at checkout, in an invoice, in an order form, in a proposal, or in a separate written agreement.

By purchasing or subscribing to our services, you agree that:

• Payments are due at the beginning of each applicable billing cycle unless otherwise agreed in writing;

• Recurring subscriptions renew automatically unless canceled in accordance with these Terms or your applicable service agreement;

• You must maintain valid and current payment information; and

• Failure to pay may result in suspension or termination of access to the services.

Except as expressly stated in these Terms or in a separate written agreement, the setup fee is non-refundable.

Monthly subscription fees are non-refundable once charged, including renewal charges, except where required by law or expressly stated in a separate written agreement.

7. Cancellation and Refund Policy

The 30-day trial period is intended to allow you to evaluate the services after your AI-powered caller or communication system has been completed and handed off to you. The setup fee is non-refundable. This fee covers onboarding, configuration, testing, implementation, and handoff of your AI-powered caller or communication system.

If you cancel before the end of the 30-day trial period, your service will not continue into the recurring monthly subscription, and you will not be charged the recurring monthly subscription fee. To avoid being charged the recurring subscription fee after the trial period, you must submit your cancellation request before the trial period ends.

If you do not cancel before the end of the 30-day trial period, your service will automatically continue as a recurring subscription at the rate disclosed to you before purchase, at checkout, in an invoice, in an order form, in a proposal, or in a separate written agreement, and you authorize us to charge your payment method on a recurring monthly basis until canceled.

To avoid a renewal charge, you must submit your cancellation request before the applicable renewal date. Cancellation requests submitted on or after the trial end date or renewal date may not prevent the applicable charge from being processed. Monthly subscription fees are non-refundable once charged, including renewal charges, except where required by law or expressly stated in a separate written agreement.

You may cancel your subscription by contacting us at [email protected]. Cancellation will stop future recurring charges, but it will not result in a refund of fees already charged, including renewal charges, unless required by law or expressly stated in a separate written agreement.

8. Intellectual Property

All content, software, AI systems, technology, branding, designs, materials, and other components of the services are owned by or licensed to Vibrant Advisor and are protected by intellectual property and other applicable laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the services for your internal business purposes only. You may not copy, modify, distribute, reverse engineer, resell, sublicense, or otherwise exploit the services except as expressly permitted in writing by us.

9. User Content and Data

You may provide us with scripts, contact data, business information, messaging content, and other materials in connection with the services (“User Content”).

You retain ownership of your User Content. However, you grant Vibrant Advisor a non-exclusive, worldwide, royalty-free license to use, host, copy, process, transmit, and display User Content solely as necessary to provide, support, maintain, and improve the services.

You represent and warrant that:

• You have all rights, permissions, and authority necessary to provide the User Content;

• Your User Content and its use in connection with the services do not violate any law, regulation, contract, or third-party right; and

• You have obtained any required consents before uploading or using contact information or communication data in our systems.

We are not responsible for liability arising from the content, accuracy, legality, or use of User Content provided by you.

10. Client Contact Data and Consent Compliance

You are solely responsible for ensuring that all contact lists, phone numbers, email addresses, leads, customer records, scripts, campaigns, workflows, and communication instructions you provide or use in connection with the services are lawful, accurate, authorized, and compliant with all applicable laws, regulations, industry rules, platform requirements, and third-party terms.

You represent and warrant that you have obtained all rights, permissions, consents, opt-ins, and authorizations required to contact each person or business through the services, including by phone call, SMS, email, voicemail, artificial or prerecorded voice, automated system, AI-assisted communication, or other communication method.

Vibrant Advisor is not responsible for verifying the legality, consent status, accuracy, source, or authorization of any contact information, lead list, campaign, script, workflow, or communication instruction provided by you. You may not use the services to contact any person or business without proper authorization or in violation of applicable law, third-party terms, carrier requirements, or platform policies.

You are solely responsible for any claims, fines, penalties, losses, damages, chargebacks, carrier actions, platform restrictions, account suspensions, investigations, or other consequences arising from your unauthorized, unlawful, non-compliant, deceptive, abusive, or improper use of contact data or communications through the services.

11. Prohibited Uses

You may not use the services:

• In violation of any applicable law or regulation;

• To harass, abuse, deceive, defraud, or mislead any person;

• To send unauthorized, unlawful, or non-compliant communications;

• To contact any person or business without proper consent, opt-in, authorization, or legal basis where required;

• To infringe the intellectual property, privacy, publicity, or other rights of any third party;

• To interfere with or disrupt the operation or security of the services; or

• To attempt unauthorized access to any systems, accounts, or data.

We may suspend or terminate access if we believe you have violated this Section or exposed us or others to legal or operational risk.

12. Third-Party Services and Compliance

The services may rely on, connect with, or integrate with third-party platforms, software, tools, carriers, data providers, CRM systems, hosting providers, AI providers, calling platforms, SMS providers, payment processors, and other third-party services.

Vibrant Advisor is not responsible for the acts, omissions, availability, performance, outages, errors, policy changes, pricing changes, data handling practices, or legal compliance obligations of any third-party service. Your use of third-party services may be subject to separate terms, policies, fees, and compliance requirements imposed by those third parties.

You are responsible for reviewing and complying with any third-party terms, platform rules, acceptable use policies, messaging policies, consent requirements, carrier requirements, CRM rules, and other requirements that apply to your use of the services.

You acknowledge that changes, restrictions, suspensions, outages, or limitations imposed by third-party services may affect the availability, functionality, delivery, or performance of the services. Vibrant Advisor will not be liable for any delay, failure, limitation, suspension, or loss arising from third-party services, except to the extent caused by Vibrant Advisor’s own willful misconduct or as otherwise required by law.

13. Disclaimer of Warranties

The services are provided on an “as is” and “as available” basis to the fullest extent permitted by law. Vibrant Advisor disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the services will be uninterrupted, error-free, secure, or suitable for your particular business needs. We do not guarantee any specific results, including lead quality, appointment volume, customer conversion, revenue, or profit.

14. Limitation of Liability

To the fullest extent permitted by law, Vibrant Advisor, its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business opportunities, goodwill, use, or data, arising out of or relating to your use of the services.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the services or these Terms will not exceed the total fees paid by you to Vibrant Advisor during the six (6) months immediately preceding the event giving rise to the claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless Vibrant Advisor, LLC and its officers, directors, employees, contractors, affiliates, and agents from and against any claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your use of the services;

• Your User Content, contact lists, scripts, campaigns, workflows, or communications;

• Your violation of applicable communication, telemarketing, privacy, or consumer protection laws;

• Your misuse of contact data;

• Your failure to obtain required consent, opt-in, authorization, or permission before contacting any person or business through the services;

• Your violation of any third-party terms, platform rules, carrier requirements, messaging policies, acceptable use policies, or other third-party requirements; or

• Your violation of these Terms or the rights of any third party.

16. Termination

You may terminate your account or stop using the services at any time, subject to any applicable subscription or contractual commitments.

We may suspend, restrict, or terminate your access to the services at any time, with or without notice, if we believe that:

• You have violated these Terms;

• Your use of the services is unlawful or harmful;

• You have failed to pay amounts due; or

• Suspension or termination is necessary to protect our business, systems, users, or legal interests.

Upon termination, your right to use the services will immediately cease. Sections that by their nature should survive termination will survive, including provisions relating to payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

17. Dispute Resolution

The parties agree to attempt to resolve any dispute informally and in good faith before initiating formal proceedings.

If a dispute cannot be resolved informally, the parties agree to attempt mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except where applicable law requires otherwise.

Nothing in this Section prevents either party from seeking temporary or injunctive relief in a court of competent jurisdiction where necessary to protect its rights or property.

18. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

Subject to the dispute resolution provisions above, any legal action or proceeding arising out of or relating to these Terms or the services shall be brought in the state or federal courts located in Worcester County, Massachusetts, and each party consents to the jurisdiction of those courts.

19. Force Majeure

Vibrant Advisor will not be liable for any delay, interruption, or failure to perform resulting from causes beyond our reasonable control, including natural disasters, internet or telecommunications failures, labor disputes, government actions, civil disturbances, power outages, platform failures, or other similar events.

20. Privacy Policy

Your use of our services is also subject to our Privacy Policy, available at:

https://vibrantadvisor.com/privacy-policy

21. Changes to These Terms

We may revise these Terms from time to time. Any updated version will be posted with a revised “Last Updated” date. Your continued use of the services after updated Terms become effective constitutes your acceptance of the revised Terms.

22. Contact Information

Vibrant Advisor, LLC
19 Van Ness Ave
Shrewsbury, MA 01545 USA

Phone: 1-424-622-9231
Email: [email protected]
Website: https://vibrantadvisor.com