Terms of Service

Last updated: April 15, 2026

Please read these Terms of Service ("Terms") carefully before using the VAI Talon website or services operated by VAI Talon ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our website or using any VAI Talon service, you confirm that you are at least 18 years of age, have the legal authority to enter into these Terms, and agree to comply with them. If you do not agree, do not use our services.

2. Description of Services

VAI Talon provides an AI-powered lead capture and communication platform, including inbound call handling, outbound lead generation, SMS campaigns, and website chat functionality. Features may be updated, modified, or discontinued at any time with reasonable notice.

3. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Ensuring your use of VAI Talon complies with all applicable laws and regulations
• Obtaining any required consents from your own contacts before initiating calls or messages through our platform

4. Acceptable Use

You agree not to use VAI Talon to:

• Violate any applicable local, state, national, or international law or regulation, including the TCPA, GDPR, CCPA, CAN-SPAM Act, and FCC regulations
• Contact individuals who have opted out, requested not to be contacted, or are listed on the National Do Not Call Registry without the required prior express written consent
• Transmit spam, unsolicited messages, or deceptive content
• Impersonate any person or entity fraudulently
• Interfere with or disrupt the integrity of our platform or servers
• Reverse engineer, decompile, or attempt to extract source code from our services

4A. TCPA & Telecom Compliance — Client Responsibilities

VAI Talon's platform enables automated calls, SMS messages, and AI-powered voice interactions. Because we operate across all 50 states, compliance with federal and state telecom laws is shared between VAI Talon and the client. By using our platform, you accept the following responsibilities:

• Prior Express Written Consent. Before using VAI Talon to contact any individual via autodialed call or text message, you must obtain prior express written consent as required by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, and applicable FCC regulations. Consent must be obtained separately from any purchase agreement and must clearly disclose the autodialed nature of the communications.
• Do Not Call (DNC) Compliance. You are solely responsible for scrubbing your contact lists against the National Do Not Call Registry and any applicable state DNC lists before initiating outbound campaigns through our platform.
• State-Specific Laws. Telecom and consumer protection laws vary significantly by state. You are responsible for ensuring compliance with the laws of every state in which you operate, including but not limited to California (CCPA, CPRA, Rosenthal Act), Florida (FTSA), Washington, Illinois, Maryland, Michigan, Minnesota, Montana, Nevada, New Hampshire, Oregon, and Pennsylvania.
• Opt-Out Honoring. You must immediately honor all opt-out requests. Any individual who replies STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to an SMS, or verbally requests removal during a call, must be removed from all future outreach within the legally required timeframe.
• Record Keeping. You must maintain records of all consents obtained for a minimum of four (4) years, or as otherwise required by applicable law.
• Indemnification for TCPA Violations. You agree to defend, indemnify, and hold harmless VAI Talon from any claims, fines, penalties, or damages (including TCPA statutory damages of $500–$1,500 per violation) arising from your failure to obtain proper consent or otherwise comply with applicable telecom laws.

4B. Call Recording & Monitoring

VAI Talon records calls and logs SMS and chat interactions for quality assurance, compliance, analytics, and service improvement purposes. The following applies to all users and clients:

• All-Party Consent States. Twelve states require the consent of all parties to a conversation before it may be recorded, including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. You are responsible for ensuring that your use of VAI Talon's call recording features complies with the laws of every state where your contacts are located. VAI Talon strongly recommends configuring your AI scripts to include an audible recording disclosure at the start of every call (e.g., "This call may be recorded for quality and compliance purposes.").
• Platform-Level Disclosure. VAI Talon's default call scripts include a recording notification. If you modify your call scripts, you must retain a compliant recording disclosure.
• Recorded Data. Call recordings and transcripts are stored securely and governed by our Privacy Policy. You may request access to or deletion of recordings associated with your account by contacting support.

4B-1. Illinois Biometric Information Privacy Act (BIPA)

The Illinois Biometric Information Privacy Act (740 ILCS 14/) imposes specific requirements on the collection, use, storage, and destruction of biometric identifiers — including voiceprints. Because VAI Talon's platform may process voice calls involving Illinois residents, the following applies:

• Client Obligations. If you use VAI Talon to contact or record individuals who are located in Illinois, you must obtain a separate, written BIPA-compliant consent from those individuals before the call is initiated. This consent must: (a) inform the individual that a voiceprint or biometric identifier is being collected; (b) identify the specific purpose and length of time for which the biometric data will be collected, stored, and used; and (c) be executed by the individual prior to collection.
• Retention & Destruction Schedule. You must establish a written policy for the retention and destruction of biometric data. Under BIPA, biometric identifiers must be permanently destroyed when the initial purpose for collection has been satisfied, or within 3 years of last interaction, whichever comes first.
• No Sale or Profit. You may not sell, lease, trade, or otherwise profit from any biometric identifier or biometric information collected through VAI Talon.
• VAI Talon's Data Handling. VAI Talon stores call recordings that may contain voiceprints. These recordings are used solely to provide and improve our services, comply with legal obligations, and resolve disputes. We do not sell biometric data. Our retention and deletion schedule is described in our Privacy Policy.
• Indemnification for BIPA Violations. You agree to indemnify VAI Talon for any claims, fines, or damages (including BIPA statutory damages of $1,000–$5,000 per violation) arising from your failure to obtain required BIPA consents from Illinois residents.

4C. AI-Powered Communications & Bot Disclosure

VAI Talon's platform uses artificial intelligence to conduct voice calls, send SMS messages, and facilitate chat interactions. The following applies to your use of the platform:

• State Bot Disclosure Laws. Several states have enacted or are enacting laws requiring disclosure when an automated system or bot is used in consumer-facing communications. This includes California Business & Professions Code §§17940–17945 (the "BOT Disclosure Act"), which prohibits the use of a bot to communicate with a California resident in a commercial context without disclosing that the communication is with a bot when asked. You are responsible for ensuring your AI scripts comply with all applicable bot disclosure laws in every state where you operate.
• Recommended Disclosure. VAI Talon strongly recommends including a disclosure at the start of every automated call identifying the interaction as AI-powered (e.g., "Hi, I'm Talon, an AI assistant from [Your Company]."). Failure to disclose can result in civil liability under state law.
• No Deception. You may not configure or instruct the VAI Talon platform to affirmatively deny being an AI when directly asked by a contact. Any such use constitutes a violation of these Terms and may violate applicable law.

4D. SMS Opt-Out & CAN-SPAM Compliance

All SMS campaigns and automated text message sequences conducted through VAI Talon must comply with the following:

• Opt-Out Mechanism. Every SMS program must include a clear and functional opt-out mechanism. Industry-standard opt-out keywords — STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT — must be honored immediately and automatically. An opt-out confirmation message must be sent upon receipt.
• HELP Response. Your SMS program must respond to the keyword HELP with your company name and a customer support contact.
• Message Identification. Every outbound SMS must clearly identify the sending organization.
• Quiet Hours. You may not send SMS messages before 8:00 AM or after 9:00 PM in the recipient's local time zone, as required by TCPA regulations.
• CAN-SPAM. Any email communications facilitated through VAI Talon must comply with the CAN-SPAM Act, including a clear unsubscribe mechanism, accurate sender identification, and a valid physical mailing address.

5. Payment & Billing

VAI Talon is offered on a contract basis. Fees and billing terms are outlined in your individual service agreement. All fees are non-refundable except where required by law or specified in your contract. We reserve the right to update pricing for renewals with 30 days' written notice. Founding partner pricing is locked for the duration of their contract term.

6. Cancellation

Cancellation terms are governed by your individual service agreement. Early termination may be subject to fees as outlined in your contract. Please contact support@vaitalon.com to discuss your options.

7. Intellectual Property

All content, branding, software, and technology comprising the VAI Talon platform are the exclusive property of VAI Talon and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our services for your internal business purposes.

8. Data & Privacy

Your use of VAI Talon is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of all data you submit through our platform. By using our services, you grant us a limited license to process that data solely to deliver and improve our services.

9. Disclaimer of Warranties

VAI Talon is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the maximum extent permitted by law, VAI Talon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of our services, even if advised of the possibility of such damages.

10A. HIPAA — Healthcare Clients

VAI Talon is not a HIPAA-covered entity by default. However, if you are a healthcare provider, health plan, healthcare clearinghouse, or a business associate of any of the foregoing (as defined under the Health Insurance Portability and Accountability Act of 1996, as amended, "HIPAA"), your use of VAI Talon may involve the transmission, storage, or processing of Protected Health Information (PHI) through call recordings, SMS logs, or form submissions.

• Business Associate Agreement Required. If your use of VAI Talon will involve PHI in any form, you must execute a Business Associate Agreement (BAA) with VAI Talon before using the platform. Using VAI Talon to process PHI without a signed BAA is a violation of these Terms and may constitute a HIPAA violation.
• Contact for BAA. To request a Business Associate Agreement, contact us at support@vaitalon.com before initiating any healthcare-related use of the platform.
• No Assumption of HIPAA Compliance. Without a signed BAA, VAI Talon makes no representations regarding HIPAA compliance. You are solely responsible for ensuring that your use of the platform does not result in unauthorized disclosure of PHI.

11. Indemnification

You agree to indemnify and hold harmless VAI Talon and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of your use of our services or violation of these Terms.

12. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the platform shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters related to intellectual property, data security, or TCPA violations. You agree to resolve disputes individually and not as part of a class or representative action.

Nothing in this section limits the right of any regulatory body — including the FCC, FTC, or state attorneys general — to enforce applicable law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the date at the top of this page. Continued use of our services after changes constitutes your acceptance of the revised Terms.

14. Contact Us

If you have questions about these Terms, please contact us at support@vaitalon.com.