Legal Document

Terms of Service

Effective Date: January 1, 2025

Please read these Terms of Service carefully before using Vistr's AI-powered voice agent platform. By accessing or using our services, you agree to be bound by these terms and conditions.

1. Welcome to Vistr

Welcome to Vistr! We're thrilled to have you join our platform. Vistr provides AI-powered voice agents that handle phone calls, schedule appointments, and manage customer interactions for your business—all automatically.

These Terms of Service ("Terms") govern your access to and use of Vistr's services, software, and website (collectively, the "Services"). By creating an account or using our Services, you acknowledge that you have read, understood, and agree to these Terms.

Important: If you do not agree to these Terms, please do not use our Services. Your continued use of Vistr constitutes acceptance of any updates to these Terms.

2. Who We Are

Vistr is operated by Vistr, Inc., a Wisconsin corporation providing AI-powered voice automation solutions for businesses. Our platform enables businesses to automate phone communications, schedule appointments, and enhance customer service through advanced artificial intelligence technology.

Company Name Vistr, Inc.
Contact Email
Website

3. Account Creation & Access

Eligibility Requirements

To create an account and use Vistr, you must:

  • Be at least 18 years old or the age of majority in your jurisdiction
  • Provide accurate information including your legal name, email, and business details
  • Have legal authority to enter into this agreement on behalf of your business
  • Comply with all applicable laws in your use of the Services

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Notify us immediately of any unauthorized access
• Not share your account with others
• Accept responsibility for all actions taken using your account

Age Restriction: Users under 18 years of age are strictly prohibited from creating an account or using Vistr Services. If we discover an underage user, the account will be immediately terminated.

4. Use of Our Service

Permitted Use

Vistr grants you a limited, non-exclusive, non-transferable license to access and use our Services for legitimate business purposes, including:

Customer Communication

Handle incoming and outgoing phone calls with customers

Appointment Scheduling

Automate booking and managing appointments

Lead Qualification

Screen and qualify potential customers automatically

Business Operations

Integrate with your existing business tools and workflows

Prohibited Activities

You agree NOT to use Vistr Services to:

  • Violate any laws, regulations, or third-party rights
  • Make unsolicited marketing calls (spam, robocalls) or violate TCPA regulations
  • Harass, threaten, or impersonate others
  • Transmit malware, viruses, or harmful code
  • Reverse engineer, decompile, or attempt to extract source code
  • Use the service for fraudulent, deceptive, or illegal purposes
  • Overload or disrupt our infrastructure or systems

Violation of these terms may result in immediate suspension or termination of your account without refund.

5. Your Inputs and AI-Generated Outputs

Your Content (Inputs)

"Inputs" refer to any data, instructions, prompts, or information you provide to Vistr, including:

• Customer phone numbers and contact information
• Business scripts and conversation templates
• Appointment details and scheduling preferences
• Integration settings and API configurations

You retain all ownership rights to your Inputs. You grant Vistr a worldwide, non-exclusive, royalty-free license to use, process, and store your Inputs solely for the purpose of providing and improving our Services.

AI-Generated Content (Outputs)

"Outputs" are the responses, transcripts, summaries, and materials generated by Vistr's AI agents based on your Inputs. You own the Outputs generated from your account, subject to these Terms.

Important: AI-generated Outputs may not always be accurate, complete, or suitable for your purposes. You are responsible for reviewing and verifying all Outputs before using them in your business operations.

Your Responsibilities

You acknowledge and agree that:

• You are responsible for the accuracy and legality of your Inputs
• You will not input confidential, sensitive, or illegal information
• You will comply with all applicable data protection and privacy laws
• Vistr is not liable for any issues arising from your Inputs or how you use Outputs

6. Actions and Automated Materials

Vistr's AI agents can perform automated actions on your behalf, including:

📞

Making Phone Calls

Placing outbound calls to customers and leads

📅

Scheduling Appointments

Creating, modifying, and canceling appointments

📧

Sending Messages

Delivering SMS, email, and other communications

🔄

System Integrations

Syncing data with connected third-party services

Responsibility for Automated Actions: You are fully responsible for all actions taken by Vistr's AI agents on your behalf. You must ensure that all automated communications comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and similar regulations.

Vistr provides tools to help you configure and control automated actions, but ultimately YOU are responsible for:

• Obtaining proper consent before contacting customers
• Ensuring accuracy of information communicated to customers
• Monitoring AI agent behavior and making necessary adjustments
• Complying with industry-specific regulations and standards

7. Feedback and Suggestions

We welcome and encourage feedback, suggestions, ideas, and comments ("Feedback") about Vistr. By providing Feedback, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate your Feedback into our Services without any obligation to compensate you.

This means if you suggest a new feature and we implement it, we're not required to pay you or credit you for the idea. Your Feedback helps us improve Vistr for everyone!

8. Subscription Fees and Payment

Subscription Plans

Vistr offers various subscription plans with different features and usage limits. Current pricing and plan details are available on our . All fees are in U.S. dollars unless otherwise stated.

Payment Terms

  • Billing: Subscriptions are billed monthly or annually, depending on your chosen plan
  • Auto-Renewal: Your subscription automatically renews unless you cancel before the renewal date
  • Payment Method: You must provide a valid payment method (credit card, debit card, or ACH)
  • Payment Authorization: You authorize us to charge your payment method for all fees

Cancellation & Refunds

• You may cancel your subscription at any time through your account dashboard
• Cancellations take effect at the end of your current billing period
• You retain access to paid features until the end of the billing period
No refunds: We do not provide refunds for partial billing periods or unused features

Price Changes

We reserve the right to modify our pricing at any time. If we increase your subscription price, we'll notify you at least 30 days before the change takes effect. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

Failed Payments

If a payment fails, we'll attempt to charge your payment method again. If we're unable to collect payment within 10 days of the due date, we may suspend or terminate your account. You're responsible for any fees incurred due to failed payments.

9. Third-Party Services and Links

Vistr integrates with and may provide links to third-party services, including:

📅

Calendar Services

Google Calendar, Outlook, Apple Calendar

🔧

Business Tools

Jobber, ServiceTitan, Housecall Pro

💬

Communication

Twilio, SendGrid, Zapier

💳

Payment Processing

Stripe for secure payment handling

Important: Third-party services are governed by their own terms of service and privacy policies. Vistr is not responsible for the availability, functionality, security, or practices of third-party services. You use third-party integrations at your own risk.

When you connect third-party services to Vistr:

• You authorize us to access and use data from those services as necessary
• You're responsible for maintaining valid accounts and permissions
• We're not liable for issues caused by third-party service failures or changes
• You must comply with each third-party service's terms and policies

10. Content Moderation

Vistr reserves the right, but has no obligation, to monitor, review, or moderate content, conversations, and activities on our platform. We may take action if we believe content violates these Terms, including:

  • Removing or suspending content that violates our policies
  • Issuing warnings or suspending accounts for violations
  • Terminating accounts for severe or repeated violations
  • Reporting illegal activities to appropriate authorities

We use automated systems and human review to help identify prohibited content. However, we cannot guarantee we'll detect all violations. The absence of moderation action doesn't mean content complies with these Terms.

11. Software and Updates

License Grant

Subject to these Terms, Vistr grants you a limited, non-exclusive, non-transferable, revocable license to access and use our software and platform for your business purposes.

Updates and Modifications

We regularly update and improve our Services. We may:

• Add new features or functionality
• Modify existing features
• Remove features that are no longer viable
• Perform maintenance and bug fixes
• Update system requirements

We'll make reasonable efforts to notify you of significant changes, but some updates may be deployed automatically without notice. Your continued use of the Services after updates constitutes acceptance of the changes.

Availability

We strive to provide reliable, 24/7 service availability, but we don't guarantee uninterrupted access. The Services may be unavailable due to:

• Scheduled maintenance windows
• Emergency repairs or updates
• Third-party service disruptions
• Force majeure events
• Network or infrastructure issues

12. Ownership of Services

Vistr and its licensors own all rights, title, and interest in and to the Services, including:

💻

Software & Code

All source code, algorithms, and technical implementations

🤖

AI Models

Proprietary AI models, training data, and improvements

🎨

Branding & Design

Trademarks, logos, graphics, and user interface designs

📄

Documentation

User guides, API documentation, and support materials

These Terms do NOT transfer any ownership rights to you. You may not copy, modify, distribute, sell, or lease any part of our Services without explicit written permission.

Trademarks

"Vistr," the Vistr logo, and other Vistr marks are trademarks of Vistr, Inc. You may not use our trademarks without our prior written consent. All other trademarks mentioned belong to their respective owners.

13. Disclaimer of Warranties

IMPORTANT LEGAL NOTICE: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISTR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY: We don't guarantee the Services are suitable for your specific needs
FITNESS FOR A PARTICULAR PURPOSE: The Services may not meet your business requirements
NON-INFRINGEMENT: We don't warrant that use of the Services won't infringe third-party rights
ACCURACY: AI-generated content may contain errors or inaccuracies
RELIABILITY: The Services may experience downtime, bugs, or performance issues
SECURITY: While we implement security measures, no system is completely secure

YOU ACKNOWLEDGE THAT:

  • AI technology has limitations and may produce unexpected or incorrect results
  • You must review and verify all AI-generated outputs before use
  • You're solely responsible for your use of the Services and any consequences
  • Vistr makes no guarantees about business results, revenue, or customer satisfaction

Some jurisdictions don't allow disclaimer of implied warranties. In such jurisdictions, the above disclaimers may not apply to you, and you may have additional rights.

14. Limitations of Liability & Indemnity

Limitation of Liability

IMPORTANT: TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISTR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

THIS INCLUDES DAMAGES FOR:

• Loss of business, revenue, or profits
• Loss of data or information
• Loss of business opportunities
• Damage to reputation or goodwill
• Cost of substitute services
• Business interruption

IN NO EVENT SHALL VISTR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Vistr, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms or applicable laws
  • Your Inputs and how you use Outputs
  • Your violation of any third-party rights
  • Actions taken by Vistr's AI agents on your behalf

15. General Terms

Changes to Terms

We may modify these Terms at any time. We'll notify you of material changes by email or through the Services. Your continued use after changes take effect constitutes acceptance of the modified Terms. If you don't agree to the changes, you must stop using the Services.

Termination

By You: You may terminate your account at any time through your account settings
By Us: We may suspend or terminate your account immediately if you violate these Terms
Effect: Upon termination, your right to use the Services ceases immediately
Data: We may delete your data after termination. Download any important data before terminating

Governing Law

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in Wisconsin for any disputes.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vistr regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid.

No Waiver

Our failure to enforce any right or provision of these Terms doesn't constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Vistr.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

We're not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Dispute Resolution

Informal Resolution

Before filing a formal legal claim, you agree to first contact us at to attempt to resolve the dispute informally. We'll work with you in good faith to reach a mutually acceptable resolution.

Arbitration Agreement

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Wisconsin, or another mutually agreed location.

Class Action Waiver

IMPORTANT: YOU AND VISTR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and Vistr agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

Exceptions to Arbitration

Either party may seek equitable relief in court for infringement or misappropriation of intellectual property rights.

Questions about these Terms? Contact us at legal@vistr.us or support@vistr.us