These Terms of Service (“Terms”) govern your access to and use of the VirtualText platform, including websites, applications, APIs, AI agents and playbooks, shared inboxes, messaging services, and related features (the “Service”) provided by VirtualPBX.com, Inc. (“VirtualPBX,” “we,” “us,” or “our”). VirtualText is our unified omnichannel messaging and engagement platform. It can be used standalone or paired seamlessly with our SmarterVoice services. By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and have authority to bind the entity you represent. You are responsible for all activity under your account, including activity by your team members, end-users, and any AI agents or playbooks you configure.
VirtualText provides messaging, webchat, shared inbox, AI-powered automation (including agents and playbooks), conversation intelligence, and optional voice capabilities. The Service may be offered in multiple tiers or packages with varying features. Current features, capabilities, and pricing are described in our documentation and on the website. We may add, modify, or discontinue features or packages at any time with notice.
You must provide accurate registration information and keep it current. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must immediately notify us of any unauthorized access or use. You are responsible for complying with all applicable laws when using the Service, including obtaining all required consents from contacts and end-users before sending messages or processing their data.
You retain ownership of your content, contacts, messages, custom playbooks, and data (“User Content”). You grant VirtualPBX a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical or operational purposes), and display User Content solely as needed to provide, operate, secure, and improve the Service, including for AI model operation and improvement where permitted. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable law.
VirtualPBX and its licensors own all right, title, and interest in and to the Service, including all software, AI models, algorithms, documentation, trademarks, and improvements. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active subscription solely for your internal business purposes. You may not reverse engineer, decompile, disassemble, or create derivative works of the Service except as expressly permitted by law.
AI agents, playbooks, sentiment analysis, observations, summaries, and generated responses are provided as tools to assist your team. AI outputs are probabilistic and may be inaccurate, incomplete, or unsuitable for your intended use. You are solely responsible for reviewing all AI-generated content before use or transmission. You should not rely on AI outputs for professional advice (legal, medical, financial, or otherwise) without independent human review and appropriate disclaimers. We make no warranties regarding the accuracy, completeness, or fitness of any AI-generated content.
The Service is offered on a subscription basis. Subscriptions are billed in advance according to the plan and billing cycle you select. Payment is processed through our third-party payment provider. Subscriptions automatically renew unless cancelled. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial periods unless required by applicable law, except that VirtualText Workspace subscriptions include a 30-day money-back guarantee: if you contact us within 30 days of your initial Workspace purchase and Workspace is not the right fit, we will issue a full refund of that first monthly payment. We may change pricing or plan structures with reasonable notice. You are responsible for all applicable taxes.
Your use of the Service is subject to our Acceptable Use Policy (incorporated by reference into these Terms). You may not use the Service for any illegal purpose or in any manner that violates applicable law, including messaging and data privacy laws. We monitor usage and may take enforcement action, including suspension or termination, for violations.
The Service may integrate with or rely on third-party services (including messaging carriers, payment processors, cloud infrastructure, and analytics providers). We are not responsible for the availability, performance, or data practices of any third-party service. Your use of such integrations is at your own risk and subject to the third party’s terms.
Our collection and use of information is described in our Privacy Policy (incorporated by reference). You are solely responsible for obtaining and documenting all required consents from contacts and end-users before sending messages or processing their data, and for honoring all opt-out requests in accordance with applicable law.
The Service, including all AI features and outputs, is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or meet your requirements. No oral or written information or advice from us creates any warranty.
To the maximum extent permitted by law, VirtualPBX and its affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including lost profits, data loss, business interruption, or costs of substitute services), regardless of the theory of liability.
Our total liability under these Terms shall not exceed the total fees you paid to us for the Service during the twelve (12) months preceding the claim giving rise to liability.
You agree to indemnify, defend, and hold harmless VirtualPBX and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
We may suspend or terminate your access to the Service at any time for violation of these Terms or the Acceptable Use Policy, non-payment, suspected fraud or abuse, or as required by law. You may cancel your subscription at any time. Upon termination or cancellation, your license to use the Service ends. We may retain or delete your data in accordance with our Privacy Policy and applicable law. You remain responsible for all fees due through the effective date of termination.
We may modify the Service, these Terms, our policies, or pricing at any time. Material changes will be communicated with reasonable notice (via email, in-app notification, or website posting). Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of those courts. We may seek injunctive or other equitable relief for violations of intellectual property or the Acceptable Use Policy without waiving other remedies.
These Terms, together with the Acceptable Use Policy and Privacy Policy, constitute the entire agreement between you and VirtualPBX and supersede all prior agreements. If any provision is found unenforceable, the remaining provisions remain in full force. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor. Notices may be delivered by email. No waiver is effective unless in writing. These Terms do not create any partnership, joint venture, or agency relationship. You agree to comply with all applicable export control laws.
We use cookies and similar technologies to enable core functionality (such as login and session management), improve performance, and support analytics. Some cookies are essential; others are used for analytics or preferences and may require your consent where applicable. You can manage cookie preferences through your browser settings or our consent management tool. Details about third-party cookies are provided in our Privacy Policy. Continued use of the Service constitutes acceptance of necessary cookies.
Legal notices: legal@virtualpbx.com
Compliance and abuse reports: compliance@virtualpbx.com or abuse@virtualpbx.com
Privacy inquiries: privacy@virtualpbx.com
General support: support@virtualpbx.com
Mailing address: VirtualPBX.com, Inc., P.O. Box 8351, San Jose, CA 95155