Terms of Service

These Terms of Service (the "Terms") govern your access to and use of Workgentic.ai and the Workgentic platform and related services (collectively, the "Services"). The Services are offered by VibeBuilt WebCo LLC, doing business as Workgentic ("Workgentic," "we," "us," or "our").

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SEE SECTION 20).

By creating an account, subscribing, paying fees, or otherwise using the Services, you ("Customer," "you," or "your") agree to these Terms.

If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.

1. Definitions

• "Authorized Users" means your employees, contractors, and agents you authorize to use the Services.
• "End Users" means individuals who contact you via phone, text, email, or chat through the Services.
• "Customer Data" means communications and content processed through the Services on your behalf (including call recordings, transcripts, messages, emails, chats, and scheduling data).
• "Account Data" means account, subscription, billing, and administrative data associated with your subscription.

2. Business Use Only; No Emergency Use

2.1 Business use

The Services are intended for business and professional use.

2.2 Not for emergencies

THE SERVICES ARE NOT AN EMERGENCY SERVICE AND ARE NOT A SUBSTITUTE FOR CALLING 911 OR LOCAL EMERGENCY SERVICES. You must not rely on the Services for emergency response, dispatch, or life-safety communications.

3. Accounts, Access Controls, and Security

You are responsible for:

• maintaining accurate account information,
• keeping login credentials secure,
• ensuring Authorized Users comply with these Terms,
• promptly notifying us of suspected unauthorized access.

4. The Services

Workgentic provides an AI-powered communication hub designed to handle:

• phone calls (including answering and routing),
• text messages,
• emails (when enabled),
• website chats,
• scheduling and appointment booking,
• follow-ups and confirmations,
• analytics and reporting,
• multi-organization management from one dashboard (where enabled).

We may update the Services from time to time, including adding, modifying, or removing features.

5. Customer Responsibilities (Compliance and Proper Use)

You are solely responsible for:

• your business and professional obligations,
• your use and configuration of the Services,
• your Customer Data and any scripts/intake flows/knowledge content you provide,
• complying with all laws and regulations that apply to your communications and business.

5.1 Consent and communications laws

You represent and warrant that you have obtained and will maintain all rights, permissions, and consents required to:

• contact End Users by phone, text, email, and chat,
• send automated or AI-assisted messages where used,
• comply with opt-out requests, suppression lists, and applicable notice requirements.

5.2 Call recording and transcription

You are responsible for compliance with all recording, interception, notice, and consent laws applicable to your calls and communications, which may vary by jurisdiction.

6. Call Recordings, Transcript Storage, and PII Redaction

6.1 Call recordings

As part of providing the Services, call audio may be recorded and stored along with related metadata (timestamps, routing, outcomes).

6.2 Stored transcripts with PII redaction

The Services may generate call transcripts. Before transcripts are stored, we apply automated redaction intended to remove certain PII (for example, email addresses, phone numbers, mailing addresses, payment card numbers, government identifiers, and similar direct identifiers).

You acknowledge and agree:

• call audio may contain personal information because it reflects what was said,
• transcript redaction is automated and may not remove all identifiers, and
• you will not rely on transcript redaction as your only safeguard where sensitive data is involved.

7. Subscription, Fees, and Payment

7.1 Fees

Fees are as stated in your subscription checkout flow, invoice, or order form. The standard subscription price is $897 per month unless otherwise agreed in writing.

7.2 Recurring billing and auto-renewal

Subscriptions are billed on a recurring basis and automatically renew unless canceled in accordance with Section 7.4.

7.3 Payment processing

Payments are processed by third-party payment processors. We do not store full payment card numbers.

7.4 Cancellation

You may cancel your subscription via your account (if available) or by contacting support@workgentic.ai. Unless otherwise stated in writing, cancellation takes effect at the end of the then-current billing period.

7.5 No refunds

Except where required by law or expressly stated in a written agreement, fees are non-refundable and we do not provide prorated refunds for partial billing periods.

7.6 Taxes

Fees exclude taxes and similar governmental assessments, which you are responsible for (excluding taxes based on our net income).

8. Messaging and Carrier Limitations

Text messaging, voice, and email delivery depend on third-party networks and providers. Delivery may be delayed, filtered, or blocked, and is not guaranteed. Message and data rates may apply depending on End Users' carriers and plans.

9. Customer Data; Ownership and License

9.1 Ownership

You retain rights to Customer Data. We retain rights to the Services and underlying technology.

9.2 License to process Customer Data

You grant us the right to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Services and as otherwise permitted by these Terms and our Privacy Policy.

10. HIPAA and Protected Health Information

10.1 BAA requirement for HIPAA-regulated use

If you are a HIPAA covered entity or business associate and you will use the Services in connection with Protected Health Information ("PHI"), you agree that:

• you will request a Business Associate Agreement ("BAA"), and
• you will not use the Services to create, receive, maintain, or transmit PHI unless and until a BAA is executed and in effect, unless we expressly agree otherwise in writing.

10.2 If a BAA applies

If a BAA applies:

• the BAA governs our handling of PHI to the extent it conflicts with these Terms,
• you are responsible for configuring access controls and Authorized User permissions consistent with your HIPAA obligations.

11. AI Features and Limitations

You acknowledge:

• AI-generated outputs may be inaccurate or incomplete,
• you are responsible for configuring escalation and review workflows appropriate for your business,
• Workgentic does not provide medical, legal, financial, or other professional advice.

12. Acceptable Use

You must not (and must not allow Authorized Users to):

• use the Services unlawfully or for fraud, spam, phishing, or harassment,
• transmit malware or attempt to disrupt the Services,
• attempt unauthorized access or exploit vulnerabilities,
• reverse engineer or attempt to extract source code except as permitted by law.

We may suspend or terminate access for violations or for security/abuse risk.

13. Third-Party Services and Integrations

The Services may integrate with third-party tools (for example, scheduling systems, calendars, or other business software). Your use of third-party services is governed by their terms and policies. We are not responsible for third-party outages, changes, or failures.

14. Confidentiality

Each party may receive confidential information from the other. Each party agrees to protect the other's confidential information using reasonable care and to use it only to perform under these Terms.

15. Intellectual Property

We own the Services and all related intellectual property. Subject to your compliance and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during your subscription term.

16. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant that the Services will be uninterrupted or error-free, or that AI outputs will be accurate.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

18. Indemnification

You will indemnify and hold harmless Workgentic and its owners, members, managers, employees, and contractors from claims and expenses arising from:

• your Customer Data and business practices,
• your communications and consent compliance,
• your breach of these Terms,
• your misuse of the Services,
• allegations your content violates third-party rights.

19. Suspension and Termination

We may suspend or terminate access if you fail to pay, materially breach these Terms, or if your use creates security, legal, or abuse risk. Upon termination, your right to use the Services ends and you remain responsible for fees through the effective termination date.

20. Dispute Resolution, Arbitration, Class Action Waiver, Jury Trial Waiver

20.1 Informal resolution

Before filing a formal claim, the parties will attempt good-faith informal resolution.

20.2 Binding arbitration

Except as provided in Section 20.3, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration seated in Jacksonville, Florida.

20.3 Carve-outs

Either party may seek relief in small claims court if eligible, or seek injunctive relief in court to prevent unauthorized use, non-payment, misuse, or intellectual property infringement.

20.4 Class action waiver

Disputes may be brought only in an individual capacity. You waive any right to bring or participate in a class action or representative proceeding.

20.5 Jury trial waiver

To the fullest extent permitted by law, you waive any right to a jury trial.

20.6 Arbitration opt-out

You may opt out of arbitration by sending written notice to legal@workgentic.ai within thirty (30) days of first accepting these Terms, including your business name and account email.

21. Governing Law

Florida law governs these Terms, without regard to conflicts-of-law principles, except where federal law governs arbitration.

22. Notices

Notices must be in writing and are deemed given when delivered by email (no bounce-back) or certified mail.

23. Miscellaneous

• Entire agreement: These Terms and any written order form are the entire agreement for the Services.
• Severability: If a provision is unenforceable, the remainder remains in effect.
• Assignment: You may not assign these Terms without our written consent.
• Electronic communications: You consent to electronic communications and signatures.
• Changes: We may update these Terms by posting an updated version and revising the "Last Updated" date.