Terms of Service
These Terms of Service (the "Terms") are an agreement between you and FifthBoston Holdings ("Vyntara," "we," "us," or "our"). They govern your use of the Vyntara website, dashboard, and AI receptionist service (together, the "Service"). If you use the Service on behalf of a business, "you" means that business, and you confirm you have authority to bind it. By creating an account, starting a trial, or using the Service, you agree to these Terms.
1. Who can use the Service
The Service is for businesses, not personal or household use. You must be at least 18 years old and able to form a binding contract. We currently offer the Service only to businesses located in the United States.
2. What the Service does
Vyntara provides an AI receptionist that answers phone calls for your business, using the information, prices, and rules you provide. Depending on your plan and settings, it can answer questions, book appointments, capture caller details, transfer calls, record calls, produce transcripts and summaries, and send you alerts. The Service relies on third-party providers for telephony, speech, AI models, calendars, and other functions.
3. Your account
You are responsible for the accuracy of your account information, for keeping your login credentials secure, and for everything that happens under your account. Tell us right away at the address in Section 19 if you believe your account has been accessed without permission.
4. Plans, trials, and billing
Automatic renewal
Paid plans are billed monthly in advance and renew automatically each month until you cancel. The price of each plan and the minutes it includes are shown on our pricing page and at checkout. By starting a plan, you authorize us and our payment processor, Stripe, to charge your payment method each month until you cancel.
Free trial
Each business is eligible for one free trial. Trials last 7 days and include a limited number of call minutes, as shown at signup. We collect a payment method when the trial starts. Unless you cancel before the trial ends, your paid plan begins automatically and your payment method is charged. We will remind you by email before your trial ends. We may refuse or end a trial if we believe it is being misused, for example by creating multiple accounts.
Usage beyond your plan
If you use more call minutes than your plan includes in a billing month, additional minutes are charged at the per-minute rate shown on our pricing page, on your next invoice.
Taxes and price changes
Prices do not include taxes, which we will add where required. We may change prices with at least 30 days' notice by email. A price change applies from your next billing month after the notice period, and you may cancel before it takes effect.
Failed payments
If a payment fails, we will retry it and notify you. If it remains unpaid, we may pause your receptionist until the balance is paid. If your bank or card issuer reverses a payment (a chargeback), we may suspend the Service while we review it.
5. Canceling and refunds
You can cancel anytime from your account's billing page, or by emailing us. Cancellation takes effect at the end of your current billing month, and you keep access until then. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial months or unused minutes.
6. Your responsibilities
- Your configuration. You are responsible for the information, prices, policies, greeting, and rules you give the receptionist, and for reviewing and approving them before the receptionist goes live.
- Legal compliance. You are responsible for complying with laws that apply to your business and your calls, including laws on call recording and consent, AI disclosure, consumer protection, telemarketing (including the Telephone Consumer Protection Act), text messaging, privacy, and any rules specific to your industry.
- Notices to callers. By default, the receptionist tells callers it is an AI and, if recording is on, that the call may be recorded. You must not disable or alter these notices where the law requires them.
- Phone numbers. You confirm you have the right to forward or port any phone number you connect to the Service.
- Acceptable use. You must follow our Acceptable Use Policy.
7. Not an emergency service
The Service is not a substitute for 911 or any emergency service. The receptionist may tell callers who describe a life-threatening emergency to hang up and call 911, and it may transfer calls according to your rules, but we do not guarantee that any call will be answered, transferred, or handled in time.
8. Healthcare and sensitive information
You may not use the Service to collect or process protected health information as defined by HIPAA, and we do not sign business associate agreements at this time. You must not configure the receptionist to request Social Security numbers, full payment card numbers, bank account numbers, passwords, or similar sensitive information.
9. AI limitations
The receptionist uses artificial intelligence and can make mistakes, such as mishearing a caller, misunderstanding a question, or recording details incorrectly. We design it to follow your rules, but we do not guarantee that every response will be accurate or complete. You should review call summaries and confirm important details, such as appointment times and addresses, with your customers. The Service does not provide legal, medical, financial, or other professional advice.
10. Data
You own your data, including your configuration and the call data the Service creates for you, such as recordings, transcripts, summaries, and caller details ("Customer Data"). You give us permission to use Customer Data to provide, secure, and support the Service, and as described in our Privacy Policy. We process caller information on your behalf. We do not sell Customer Data. We may use aggregated information that does not identify you or any caller to operate and improve the Service.
11. Third-party services
The Service works with third-party services such as calendars, CRMs, and telephony providers. Your use of those services is governed by their own terms. We are not responsible for third-party services or for their availability.
12. Our intellectual property
We own the Service, including its software, design, and content, other than Customer Data. We give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. If you send us feedback, we may use it without obligation to you.
13. Availability and changes
We work to keep the Service available, but it may be interrupted for maintenance, by third-party outages, or for other reasons. We may change or improve features. If we remove a feature that is material to your plan, we will tell you in advance where practical.
14. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE ANY PARTICULAR BUSINESS RESULT, NUMBER OF BOOKINGS, OR REVENUE.
15. Limitation of liability
TO THE EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES, INCLUDING FROM MISSED, MISHANDLED, OR UNANSWERED CALLS; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR YOUR INDEMNITY OBLIGATIONS.
16. Indemnity
You will defend and indemnify us against third-party claims arising from your configuration of the Service, your business's products and services, your violation of these Terms or the Acceptable Use Policy, or your violation of any law, including recording, consent, and telemarketing laws.
17. Suspension and termination
We may suspend or end your access if you breach these Terms, fail to pay, create risk of harm or legal liability, or if required by law. Where reasonable, we will give you notice and a chance to fix the problem first. When your account ends, you may export your data for 30 days, after which we delete it according to our retention practices, except where we must keep it by law.
18. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute will be resolved in the state and federal courts located in the State of Delaware, and both parties consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice.
19. Changes and contact
We may update these Terms. If a change is material, we will notify you by email or in the dashboard at least 30 days before it takes effect, unless the change is required by law. Continuing to use the Service after the effective date means you accept the updated Terms. Questions: hello@vyntara.io or by mail at PO Box 117, East Brunswick, NJ 08816.
These Terms, together with the policies they link to, are the entire agreement between us about the Service. If any part is unenforceable, the rest remains in effect. You may not assign these Terms without our consent.