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Terms of Service & DPA

Effective Date: March 2026

1. Acceptance of Terms

By accessing, subscribing to, or utilizing the services provided by VuraOS ("we," "our," "Service"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must discontinue the use of our Service immediately. These Terms apply to all visitors, users, and others who access or use the Service.

2. B2B Service & Exclusion of Consumer Rights

VuraOS provides software and telephony infrastructure strictly intended for commercial, corporate, and professional use (Business-to-Business / B2B). By registering for an account, you confirm that you are acting on behalf of a business entity or as a commercial freelancer. Consequently, consumer protection laws—including the European statutory 14-day right of withdrawal (Right of Cancellation)—do not apply to your subscription or onboarding fees.

3. Description of Service

VuraOS provides advanced AI-powered receptionist services, utilizing automated voice agents to handle inbound and outbound telephony infrastructure. This includes custom voice cloning, automated conversational responses, dynamic call routing, SMS follow-ups, and integration with third-party webhooks and APIs (e.g., Twilio, Vapi).

4. User Obligations & Telecommunications Compliance

As a user of VuraOS, you are strictly bound by global telecommunication laws and the Acceptable Use Policies (AUP) of our underlying carriers (such as Twilio). You acknowledge and agree to the following:

• CAN-SPAM Compliance (USA Cold Emails): All commercial emails to the USA are sent strictly in accordance with the CAN-SPAM Act of 2003. Every email contains our physical address (Graberweg 14, 94121 Salzweg, Germany), a working opt-out link, and is processed within 10 days.
• Consent to Record: You are solely responsible for ensuring that all calls processed by VuraOS comply with local, state, and federal recording laws (e.g., one-party or two-party consent laws). You must configure the AI to clearly notify callers if the call is being recorded.
• AI Disclosure: Where legally mandated, you are responsible for ensuring the AI explicitly identifies itself as an artificial intelligence or virtual assistant to the caller at the beginning of the conversation.
• No Spam or Robocalling: You may not use VuraOS to transmit unsolicited communications, cold-call telemarketing spam, or conduct fraudulent activities. Outbound campaigns must only target individuals who have given explicit prior consent.
• WhatsApp Policy Compliance: When utilizing the WhatsApp Business API integration, you agree to adhere strictly to the Meta WhatsApp Business Terms of Service and Commerce Policies. Proactive spam or any use violating Meta’s guidelines is strictly prohibited.
• Prohibited Content (SHAFT): You agree not to use the Service to transmit content related to Sex, Hate speech, Alcohol, Firearms, or Tobacco, nor any content that is illegal, harassing, or deceptive. Violation of this will result in immediate termination of your account without a refund.
• No Emergency Services (911/112): VuraOS is not a replacement for a traditional telephone and does not function as a traditional landline or mobile service. The Service does not support or carry emergency calls to any emergency services (e.g., 911 in the US/Canada, 112 in the EU, or 999 in the UK). You agree to explicitly inform your employees, clients, and callers that emergency calls cannot be routed through VuraOS.

State-Specific Compliance

In addition to federal laws, you must comply with applicable state regulations. For voice cloning, which may be considered biometric data under laws like the Illinois Biometric Information Privacy Act (BIPA), you are responsible for obtaining explicit consent and providing deletion options. Residents of states such as California, Virginia, Colorado, Connecticut, and Utah may have additional rights, including disclosures for AI usage and opt-out from automated decision-making. We recommend reviewing state-specific requirements for your operations.

For full details on outbound calling compliance, DNC scrubbing, TCPA requirements and AI disclosure rules, please also see our dedicated pages:

• AI Compliance & Acceptable Use Policy
• TCPA Consent Guide & Compliance

User-Provided Data & Contact Synchronization

Our Service includes features like "Smart Routing" that allow you to import, sync, or upload third-party contact information (such as names and phone numbers). By utilizing these features, you explicitly agree to the following:

• Warranties of Consent: You represent and warrant that you have obtained all necessary rights, explicit consents, and legal permissions required by applicable data protection laws (including, but not limited to, the GDPR, CCPA, and TCPA) to upload and process this third-party data on our platform.
• Role of VuraOS: VuraOS acts strictly as a data processor/service provider. We do not control, verify, or assume responsibility for the legal basis of the contacts you upload.
• Indemnification: You agree to fully indemnify, defend, and hold VuraOS (and its operators) harmless from and against any claims, fines, penalties, damages, or legal actions brought by third parties or regulatory authorities arising from your failure to obtain lawful consent for the contacts you sync to our Service.
• Prohibited Use: The contact sync feature is designed strictly for inbound call identification and routing. Using this data to facilitate unauthorized spam, illegal outbound robocalls, or harassment is a material breach of these Terms and will result in immediate account termination.

5. SMS Communications, Consent & Opt-Out

If your AI workflows include sending automated SMS text messages, you agree to the following strict compliance standards regarding Application-to-Person (A2P) messaging:

• Messages will only be sent to users who have explicitly opted in via our web forms or during a recorded phone call.
• No mobile information, phone numbers, or SMS consent records will be shared with or sold to third parties or affiliates for marketing or promotional purposes.
• All SMS recipients have the right to opt out at any time. Users can reply STOP to cancel and unsubscribe from further messages, or reply HELP for customer support information. Message frequency varies based on user interaction.

6. Billing, Payments & Cancellations

Our Service is provided through various billing models, processed securely via our payment processor (Stripe). You may cancel a recurring subscription at any time via your user dashboard. Cancellations take effect at the end of the current billing cycle. No refunds, pro-rated or otherwise, are provided for partial months of service used, prepaid Wallet credits, or setup fees.

• Lifetime Deals: A "Lifetime Deal" grants the purchaser access to the core VuraOS platform and dashboard for the lifetime of the software product, completely waiving any future monthly or annual base subscription fees. "Lifetime" explicitly refers to the lifespan of the VuraOS service as a business entity, not the lifespan of the purchaser. We reserve the right to discontinue the Service at our discretion, in which case the Lifetime Deal will conclude without a refund.
• Usage-Based Telephony & AI Costs (Wallet): Regardless of your subscription tier or Lifetime Deal status, all actual telephony connection costs (Twilio) and AI processing minutes (Vapi, ElevenLabs, LLMs) are subject to usage-based billing. You must maintain a positive prepaid credit balance ("Wallet") to utilize active call routing. Calls are billed on a per-minute basis depending on the chosen AI Voice Model.
• Account Suspension: VuraOS will automatically pause the AI telephony services if the prepaid Wallet balance is depleted ($0.00). Services will resume automatically once the Wallet is topped up. VuraOS is not responsible for missed calls or lost business during periods of suspension due to insufficient funds.
• All Sales are Final (No Refunds): Due to the hard costs associated with AI processing (LLMs, Voice Synthesis, and Telephony APIs), all purchases, including the Lifetime Deal and Wallet Top-Ups, are strictly non-refundable. We do not provide refunds for consumed AI minutes under any circumstances, even if the call was routed incorrectly, went to voicemail, or the AI did not perform to your subjective expectations.

7. Limitation of Liability & AI Performance Disclaimer

Artificial Intelligence is an emerging, probabilistic technology. While we strive for maximum accuracy, VuraOS gives NO WARRANTY that the AI will speak perfectly, never hallucinate, never misunderstand, or never give wrong or incomplete information.

You (the user) are solely responsible for:

• Every single word the AI says during any call
• Personally verifying all information before any real estate deal, contract or transaction
• All consequences of AI responses (lost clients, bad advice, angry leads, lost revenue, missed opportunities, etc.)
• No Binding Legal Agreements: The AI is a lead-qualification tool. It is NOT authorized to enter into legally binding contracts, waive notice requirements, or make financial commitments regarding real estate transactions. All verbal "agreements" must be manually confirmed by a human representative.

Under no circumstances shall VuraOS, its owners, operators or affiliates be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, clients or data resulting from AI conversations or outputs.

The Services are provided “AS IS” and “AS AVAILABLE” with all faults. This disclaimer applies even if we have been advised of the possibility of such damages. By using the Outbound features you explicitly accept this risk 100 %. The limitations in this section apply to the maximum extent permitted by law.

8. Intellectual Property

All software, infrastructure, website design, and code associated with VuraOS remain the exclusive property of VuraOS. However, the custom AI voice model generated explicitly from your audio files remains tied to your specific account and will not be repurposed or utilized by VuraOS for other commercial clients.

9. Indemnification

You agree to defend, indemnify, and hold harmless VuraOS, its affiliates, and its operators from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms of Service; or (c) your violation of any third-party right, including without limitation any privacy, telecommunications, or copyright law.

10. Data Processing Agreement (DPA)

To comply with the General Data Protection Regulation (GDPR) Article 28, this section serves as the Data Processing Agreement between you (the "Data Controller") and VuraOS (the "Data Processor"). By utilizing our Service, you instruct VuraOS to process personal data (such as caller phone numbers and audio transcripts) strictly for the purpose of executing the AI telephony service. VuraOS commits to maintaining adequate Technical and Organizational Measures (TOMs) to secure this data and only utilizes GDPR-compliant sub-processors (including Twilio, OpenAI, Vapi, Stripe, and Supabase). Data will be deleted upon termination of your account or upon written request.

11. Governing Law & Modifications

These Terms of Service shall be governed by and construed in accordance with the laws of Germany and the European Union, without regard to its conflict of law provisions. We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice. We may also update these Terms occasionally; continued use of the Service after changes constitutes acceptance of the new Terms.

Evolving regulations, such as the FCC's Notice of Proposed Rulemaking (NPRM) for AI-generated calls (currently proposed as of March 2026, with potential finalization in late 2026 or early 2027), may require further adjustments. We will update these Terms accordingly upon finalization of such rules.