Terms of Service

1. Agreement to These Terms

These Terms form an agreement between you and Dash Ecommerce, the operator of VizOptimize. By accessing the VizOptimize website, starting the live demo, purchasing a plan, activating a number or using the service, you agree to these Terms and our Privacy Policy. If you enter into an order form, proposal or other written agreement with VizOptimize, that document is incorporated into these Terms. If there is a direct conflict, the signed or accepted order form controls for that specific service.

2. The Service

VizOptimize provides AI-assisted call answering and related business workflows. Depending on plan and configuration, features may include inbound call answering, scripted intake, urgency classification, lead capture, call transcription, optional recording, SMS follow-up, responder notifications, escalation, CRM or workflow integration and reporting.

Features, included minutes, numbers, routing options, customization and integrations vary by plan. We may make reasonable product changes over time, provided we do not materially reduce a prepaid core service without notice or an appropriate remedy.

3. AI-Assisted Communications

VizOptimize uses artificial intelligence and automated communications technology. AI can misunderstand callers, misclassify information, pronounce information incorrectly or generate an inaccurate response. The service is designed to reduce these risks through controlled scripts, business rules and testing, but errors cannot be eliminated.

Business customers must review and approve their call flow before live use and remain responsible for how their business responds to callers, leads and emergencies. Additional information is in our AI & Communications Disclosure.

4. Not an Emergency Service

Do not configure or market the service as a life-safety system. If a caller faces an immediate threat to life, fire, electrical danger, medical emergency, crime or other public-safety emergency, the appropriate response may be to contact 911 or another qualified emergency provider.

VizOptimize does not guarantee that a responder will receive, read or act on an alert, that a customer will dispatch personnel, or that a caller's property can be protected from further damage.

5. Customer Responsibilities

Business customers are responsible for:

• Providing accurate business information, service areas, hours, responder details, routing rules and escalation instructions.
• Maintaining working phone forwarding, internet, carrier, CRM and responder contact arrangements needed for their configuration.
• Testing their setup before sending live customer calls through the service.
• Keeping responder lists, schedules and instructions current.
• Making final decisions about dispatch, service eligibility, pricing, insurance, safety and customer response.
• Using recording, transcription, calling and messaging features in compliance with applicable federal, state and local law.
• Obtaining any notices, permissions or consents required for call recording, transcription, text messaging or other communications.
• Ensuring that information submitted through VizOptimize is lawful and appropriate for the service.

6. Communications Compliance

VizOptimize is primarily designed for inbound customer communications and service-related follow-up. Customers may not use the service for unlawful robocalls, spam, deceptive impersonation, harassment, fraud or unlawful telemarketing.

If a customer enables text messages, automated calls, recording or other regulated communication features, the customer is responsible for the legality of the campaign, recipient consent, disclosures, opt-out handling and recordkeeping. Where VizOptimize provides default consent language or workflow settings, those tools are operational aids and not a substitute for the customer's own compliance review.

7. Accounts and Security

You must provide accurate account information and protect account credentials. You are responsible for activity under your account and must promptly notify us of suspected unauthorized use. We may require reasonable security measures and may suspend access if we reasonably believe an account is compromised or being used unlawfully.

8. Plans, Minutes and Usage

Included AI minutes and additional-minute rates are shown on the applicable pricing page, order form or account record. Unless otherwise stated, included minutes reset each billing cycle and unused minutes do not roll over.

AI minutes are usage units, not a guaranteed number of calls. Call length varies based on caller behavior, script length, questions, language, interruptions and configuration. Additional usage beyond the included allowance may be billed at the applicable plan rate.

9. Fees, Billing and Taxes

Paid subscriptions are billed in advance for the applicable subscription period unless an order form states otherwise. Usage-based fees, overages, custom work or other charges may be billed in arrears or as specified at purchase.

You authorize Dash Ecommerce, as operator of VizOptimize, and its payment processor to charge the payment method on file for recurring subscription fees, applicable usage charges and taxes. You are responsible for taxes other than taxes imposed on VizOptimize's net income.

If payment fails or an account becomes materially past due, we may limit or suspend service after reasonable notice where practicable.

10. Renewal, Cancellation and Refunds

Subscriptions renew automatically for successive periods of the same length unless canceled before the next renewal date or unless an order form states otherwise. Our current monthly cancellation rules are described in the Cancellation & Refund Policy.

Unless otherwise stated in writing or required by law, subscription fees are non-refundable after a billing period begins, unused minutes are not refundable and cancellation is effective at the end of the paid period. Charges already incurred, including overages or approved custom work, remain due.

11. Free Demo

The browser demo is provided for evaluation only. It does not create a paid subscription or guarantee that a production configuration will behave identically under every caller, network, carrier or customer setup.

Demo recording is disabled by default. Audio and transcript information are still processed in real time to operate the AI interaction and generate the responder preview. Demo-use limits, network restrictions and other anti-abuse controls may apply.

12. Customer Data

As between VizOptimize and the customer, the customer retains its rights in customer-submitted business data and caller information. The customer grants VizOptimize the limited rights necessary to host, process, transmit and otherwise use that data to provide, secure, support and improve the service as described in our Privacy Policy and applicable written instructions.

VizOptimize does not acquire ownership of a customer's lead list or caller data merely by processing it.

13. Confidentiality

Each party may receive non-public business, technical or operational information from the other. Each party will use reasonable care to protect confidential information and use it only for the relationship, except where disclosure is authorized, independently developed, already known without restriction or required by law.

14. Intellectual Property

Dash Ecommerce and its licensors retain all rights in the VizOptimize service, software, site content, workflows, designs, branding, documentation and underlying technology, excluding customer data. These Terms do not transfer ownership of VizOptimize intellectual property.

You may not copy, resell, reverse engineer, scrape, disrupt or create a competing service from protected portions of the platform except to the extent such restriction is prohibited by law.

15. Acceptable Use

You may not use VizOptimize to:

• Violate law or another person's rights.
• Send unlawful marketing calls or texts.
• Impersonate a person or business deceptively.
• Commit fraud, phishing, credential theft or harassment.
• Transmit malware or attempt to compromise the service.
• Collect unnecessary highly sensitive personal information.
• Make automated decisions in prohibited or regulated high-impact contexts without an appropriate separate legal and technical review.
• Represent VizOptimize as guaranteeing emergency response, revenue, lead conversion, insurance coverage or restoration outcomes.

16. Third-Party Services

VizOptimize relies on third-party providers for functions such as telephony, AI processing, hosting, CRM or workflow automation, messaging and payments. Outages, policy changes, carrier filtering, model behavior or failures at those providers can affect the service. We will use commercially reasonable efforts to operate and support VizOptimize, but we do not control third-party networks or platforms.

17. Service Availability

We do not promise uninterrupted or error-free service. Planned maintenance, internet outages, telecom failures, carrier routing, customer configuration errors, third-party provider incidents, force majeure events and other circumstances can interrupt service.

Customers should maintain an appropriate fallback plan for critical calls, including voicemail, alternate routing, on-call procedures or direct emergency instructions as appropriate to their business.

18. No Revenue or Business Guarantee

Examples involving recovered leads, project values, response speed or potential return on investment are illustrative only. VizOptimize does not guarantee that any lead will convert, that any project will be awarded, or that use of the service will generate a particular financial result.

19. Disclaimer of Warranties

To the maximum extent permitted by law, the website, demo and service are provided “as is” and “as available.” VizOptimize disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty arising from course of dealing or usage of trade.

20. Limitation of Liability

To the maximum extent permitted by law, Dash Ecommerce will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, property damage caused by a customer's failure to respond, or loss of data arising from use of the service.

To the maximum extent permitted by law, Dash Ecommerce's total aggregate liability arising out of or relating to the service will not exceed the fees paid by the customer to VizOptimize during the three months immediately preceding the event giving rise to the claim. For a free demo or unpaid website use, aggregate liability will not exceed $100.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

21. Indemnification

You agree to defend, indemnify and hold harmless Dash Ecommerce, VizOptimize and their personnel from third-party claims, damages, penalties, costs and reasonable legal fees arising from your unlawful use of the service, your call or messaging campaign, your failure to obtain required consent or notice, your customer content, or your violation of these Terms or applicable law, except to the extent caused by VizOptimize's own unlawful conduct.

22. Suspension and Termination

We may suspend or terminate access for nonpayment, security risk, material breach, unlawful use, abuse of service providers or conduct that threatens the service or other users. Where appropriate, we will provide notice and an opportunity to cure. You may cancel according to the Cancellation & Refund Policy.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules. Unless applicable law requires otherwise, disputes that cannot be resolved informally will be brought in the state or federal courts with jurisdiction in Jefferson County, Colorado, and each party consents to that venue and jurisdiction.

24. Changes to These Terms

We may update these Terms as the service or law changes. We will post the revised Terms and update the effective date. If a change materially affects an active paid subscription, we may also provide notice through the service or by email. Continued use after an effective update constitutes acceptance to the extent permitted by law.

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