These Terms of Service ("Terms") are an agreement between Voyage Mobile, Inc. ("VYG", "we", "us") and the business that signs up for or uses our services ("Customer", "you"). VYG operates vyg.ai, vyg.app, and the products offered there, including Earth (customer data), Jupiter (flows and automation), and other products we make available (together, the "Services").
Voyage Mobile, Inc., 1853 Lions Ridge Loop, Vail, CO 81657. Contact: service@vyg.ai.
By creating an account, clicking to accept, signing an order form that refers to these Terms, or using the Services, you agree to these Terms. If you accept on behalf of a company, you confirm you have authority to bind that company. If you do not agree, do not use the Services.
1. Definitions
- Account: your workspace in the Services and the users you authorize.
- Customer Data: data that you or your connected platforms send to the Services, or that the Services collect on your behalf. This includes data about your End Users, such as contact details, orders, site activity, consent records, and message content.
- End User: a consumer who visits your store, appears in your data, or receives messages from you through the Services.
- Messages: SMS, MMS, and other messages sent or received through the Services on your behalf.
- Order Form: an ordering document or online plan selection that refers to these Terms.
- Tracking Tools: the VYG web pixel, Shopify pixel, scripts, and SDKs you install on your sites.
2. The Services
2.1 Access. We grant you a non-exclusive, non-transferable right to use the Services for your internal business purposes during the term, subject to these Terms and your plan limits.
2.2 How Messages are produced. Depending on the product and your settings, Messages may be (a) sent automatically by campaigns and flows that you configure, (b) written and sent by trained human agents acting on your behalf, or (c) drafted or generated with the help of artificial intelligence. You are the sender of all Messages. We act on your instructions.
2.3 AI features. Some features use machine learning models, including models operated by third-party providers, to draft content, summarize and classify conversations, build segments, and answer questions about your data. AI output can be wrong. You are responsible for reviewing AI output before relying on it for decisions that matter. We use our model providers' business API services, whose terms do not allow them to use Customer Data to train their models. We do not use Customer Data to train general-purpose models of our own.
2.4 Beta and free features. Features marked beta, preview, or free are provided as is, may change or end at any time, and are excluded from any service commitments. We may introduce fees for a beta feature with at least 30 days' notice. Continued use after the notice period means you accept the fees.
2.5 Integrations. When you connect a third-party platform (for example Shopify, Klaviyo, or a help desk), you authorize us to exchange Customer Data with it as needed to run the features you use. Those platforms are governed by their own terms. We are not responsible for them.
2.6 API and MCP access. If you use our APIs or Model Context Protocol (MCP) endpoints, you are responsible for your API keys, for every client and AI tool you connect, and for what those tools do with Customer Data. We may set and enforce rate limits.
2.7 Changes to the Services. We may change the Services. If a change materially reduces core functionality of a paid Service, you may terminate that Service and receive a pro-rated refund of prepaid fees for the unused period.
3. Your responsibilities
3.1 Account security. You are responsible for your users, their credentials, and activity in your Account. Tell us promptly about unauthorized access.
3.2 Eligibility. You must be a business, and the person accepting must be at least 18.
3.3 Accuracy. Information you give us about your business, brand, and messaging program (including carrier registration information) must be accurate and kept current.
4. Messaging compliance
4.1 You are responsible for consent. You must obtain and keep records of the consent the law requires before any Message is sent to an End User. This includes prior express written consent for marketing text messages under the U.S. Telephone Consumer Protection Act (TCPA). Consent must not be a condition of purchase. You must provide consent records to us on request.
4.2 Laws and industry rules. You must comply with all laws and rules that apply to your Messages, including the TCPA, the Telemarketing Sales Rule, state telemarketing and "mini-TCPA" laws (including quiet hours and frequency limits), the CAN-SPAM Act where relevant, Canada's Anti-Spam Legislation where relevant, the CTIA Messaging Principles and Best Practices, the CTIA Short Code Monitoring Handbook, and carrier policies.
4.3 Opt-out and help. The Services process standard opt-out keywords (including STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, and OPT OUT). You must make sure that HELP requests receive a reply that names your brand and says how to reach your support. You must not message anyone who has opted out, must honor opt-out requests you receive through any other reasonable means, and must send them to us promptly so the Services can suppress the number.
4.4 Quiet hours. Messages that the Services send automatically from flows and recovery sequences are scheduled between 8:00 AM and 8:00 PM in the recipient's local time where we can determine it, with a narrower window in some states and when the time zone is unknown. Replies sent by an agent within a live conversation may be sent outside those hours. You are responsible for the send times of campaigns you schedule yourself and for complying with any stricter state rules.
4.5 Program disclosures. Your opt-in flows must clearly show your brand name, message frequency, "message and data rates may apply", how to get help, how to opt out, and links to your terms and privacy policy. Your privacy policy must state that mobile opt-in data is not shared with third parties for their marketing.
4.6 Carrier registration and delivery. Sending may require registration of your brand and campaigns (for example 10DLC, toll-free verification, or short code approval). Carriers and registries may charge fees, reject registrations, filter or block Messages, or suspend numbers. We pass through these fees where your Order Form says so. We do not guarantee delivery of any Message. Phone numbers provisioned through the Services are not owned by you unless we agree in writing.
4.7 Templates and guidance. Compliance templates, default settings, articles, and advice from our team are provided for convenience. They are not legal advice. You should consult your own lawyer.
4.8 Human agents. Where a Service includes human agents, you authorize our agents and contractors to read and respond to End User conversations on your behalf, using the brand information, offers, and instructions you provide.
5. Acceptable use
5.1 You must not use the Services to send or promote:
- content that is unlawful, fraudulent, deceptive, harassing, or hateful;
- sexually explicit content;
- cannabis, CBD where restricted by carriers, illegal drugs, or prescription drugs that cannot legally be sold over the counter;
- phishing, malware, high-risk financial offers, debt collection, payday loans, or gambling, unless we approve in writing;
- messages to purchased, rented, or scraped lists.
5.2 Age-restricted and regulated products. Alcohol, tobacco, vape, and firearms-related content is restricted by carriers. You may send it only if we have approved your program in writing, you use a working age gate where carriers require one, and you follow the carrier rules for that category.
5.3 You must not: resell the Services without our written consent; reverse engineer them; probe or bypass security or rate limits; use them to build a competing product; or use them to collect sensitive personal information (such as health, financial account, government ID, or precise location data) or data from children under 13, or under 16 where a higher age applies.
5.4 We may suspend any Message, campaign, number, or Account that we reasonably believe violates this section or puts us, carriers, or End Users at risk. We will give notice where practical.
6. Tracking Tools and consumer privacy
6.1 What the Tracking Tools do. When installed, the Tracking Tools set first-party identifiers, record page views and shopping activity, read certain marketing identifiers you already use (for example Klaviyo identifiers), and can detect email addresses and phone numbers that a visitor enters into form fields on your site, which can happen before the form is submitted. You control whether this feature is on.
6.2 Your obligations. You are the business that decides to collect this data. You must (a) give visitors clear notice of this collection and of your use of service providers like us, in your privacy policy and, where the law requires, at or before the point of collection; (b) obtain any consent the law requires, including under state wiretapping, eavesdropping, and privacy laws and, where applicable, laws outside the U.S.; (c) honor opt-out preference signals such as Global Privacy Control where the law requires; and (d) configure the Tracking Tools to match your notices. The Tracking Tools include settings to turn off automatic capture.
6.3 You must not install the Tracking Tools on pages that collect sensitive personal information or that are directed to children.
7. Customer Data and data protection
7.1 Ownership. You own Customer Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, support, and improve the Services, to comply with law, and as you otherwise instruct.
7.2 Our role. For personal information in Customer Data, you are the business or controller and we are your service provider or processor. We will not sell or share that personal information, and will not keep, use, or disclose it outside our direct business relationship with you or for any purpose other than the business purposes in these Terms, except as the law permits service providers to do. If you need a separate data processing addendum, ask us at service@vyg.ai.
7.3 Subprocessors. We use subprocessors (for example cloud hosting, messaging carriers and aggregators, agent tooling, and AI model providers). Our main subprocessors are listed in our Privacy Policy, and we will give a current list on request. We are responsible for our subprocessors' performance of our obligations.
7.4 Security. We maintain administrative, technical, and physical safeguards designed to protect Customer Data. If we become aware of a breach of security leading to unauthorized access to Customer Data, we will notify you without undue delay after confirming it.
7.5 Consumer requests. The Services include tools to export, delete, and anonymize an End User's profile. You are responsible for responding to End User privacy requests. If we receive one that relates to you, we will direct the person to you or pass the request on.
7.6 Aggregated data. We may create and use data that is aggregated or de-identified so that it does not identify you or any person, to operate and improve the Services and to publish benchmarks.
7.7 Return and deletion. If you ask within 30 days after termination, we will make your Customer Data available for export. After that we delete or de-identify it on our standard schedule, except where the law requires us to keep it. Retention periods are described in our Privacy Policy.
8. Fees and payment
8.1 Fees are set out in your Order Form or plan. Depending on your plan, fees may include a subscription fee, usage fees (such as per Message or per conversation), carrier pass-through fees, and a percentage of revenue attributed to the Services. Attribution rules are those described in your Order Form or in the product documentation at the time.
8.2 Fees are billed through the payment method you provide, which may include Shopify billing. Unless your Order Form says otherwise, fees are due when invoiced, are non-cancellable, and are non-refundable except as these Terms state. You are responsible for taxes other than taxes on our income.
8.3 Overdue amounts may bear interest at 1% per month or the highest rate the law allows, whichever is lower. We may suspend the Services for non-payment after 10 days' notice.
8.4 We may change fees for a renewal term with at least 30 days' notice.
9. Term and termination
9.1 These Terms start when you first accept them and continue while you have an Account. Paid subscriptions run for the term in your Order Form and renew for equal periods unless either party gives notice of non-renewal at least 30 days before the term ends. Monthly plans can be cancelled in the product and end at the close of the current billing period.
9.2 Either party may terminate for a material breach that is not cured within 30 days of written notice. We may terminate or suspend immediately for violations of sections 4, 5, or 6, or where required by a carrier, regulator, or law.
9.3 On termination your right to use the Services ends. Sections that by their nature should survive (including fees owed, 7.6, and 10 to 15) survive.
10. Confidentiality
Each party will protect the other's non-public information with reasonable care, use it only to perform under these Terms, and disclose it only to people who need it and are bound by similar duties, or where the law requires.
11. Intellectual property and feedback
We own the Services and all related intellectual property. No rights are granted except as stated in these Terms. If you give us feedback, we may use it without restriction. You allow us to use your name and logo to identify you as a customer, and you may withdraw this by written notice.
12. Warranties and disclaimers
12.1 Each party confirms it has the authority to enter into these Terms. We will provide paid Services with reasonable skill and care.
12.2 Except as stated in 12.1, the Services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error free, that Messages will be delivered, that AI output will be accurate, or that use of the Services will make you compliant with any law.
13. Indemnification
13.1 By you. You will defend and indemnify VYG, its affiliates, and their personnel against third-party claims, regulatory actions, fines, and related costs (including reasonable legal fees) arising from: your Messages or content; your failure to obtain consent or honor opt-outs; your use of the Tracking Tools, including your notices and consents to site visitors; your violation of law, carrier rules, or sections 4 to 6; or Customer Data you were not entitled to provide.
13.2 By us. We will defend and indemnify you against third-party claims that the Services, as provided by us and used under these Terms, infringe a patent, copyright, or trademark, or misappropriate a trade secret. This does not apply to claims arising from Customer Data, your content, third-party platforms, or modifications not made by us.
13.3 The indemnified party must give prompt notice, allow the indemnifying party to control the defense, and cooperate reasonably. No settlement may admit fault for the indemnified party without its consent.
14. Limitation of liability
14.1 To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if told they were possible.
14.2 To the fullest extent the law allows, each party's total liability arising from these Terms is limited to the fees you paid or owe for the Services in the 12 months before the event giving rise to the claim, or $100 if you have paid no fees.
14.3 Sections 14.1 and 14.2 do not limit your payment obligations, your obligations under 13.1, or liability that cannot be limited by law.
15. Disputes
15.1 Governing law. These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws rules.
15.2 Informal resolution. Before filing a claim, a party must send written notice describing the dispute, and the parties will try in good faith to resolve it within 30 days.
15.3 Arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, seated in Denver, Colorado, or held remotely. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section. Either party may seek injunctive relief in court to protect intellectual property or confidential information. Any matter that is allowed to proceed in court must be brought in the state or federal courts located in Denver, Colorado, and each party consents to those courts.
15.4 Class action and jury waiver. To the fullest extent the law allows, each party may bring claims only in its individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding, and each party waives trial by jury. If this waiver is found unenforceable for a claim, that claim must be decided in court and not in arbitration.
15.5 Any claim must be brought within one year after it arises, unless the law requires a longer period.
16. General
16.1 Changes to these Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the product. Continued use after the effective date is acceptance. If you object, you may terminate before the effective date.
16.2 Order of precedence. If there is a conflict, the Order Form controls, then any data processing addendum we have signed with you, then these Terms.
16.3 Voyage SMS and LiveRecover. Voyage SMS and LiveRecover are offered under their own terms. Where you use either of them, its terms or your existing agreement for it govern that service, and these Terms govern everything else.
16.4 Assignment. Neither party may assign these Terms without the other's consent, except to an affiliate or a successor in a merger, acquisition, or sale of substantially all assets.
16.5 Other terms. Notices to us go to the address above and service@vyg.ai. Notices to you go to the Account email. Neither party is liable for delays caused by events beyond its reasonable control. The Services are subject to U.S. export laws. If any part of these Terms is unenforceable, the rest remains in effect. Failure to enforce a term is not a waiver. The parties are independent contractors. These Terms, with any Order Form and any signed data processing addendum, are the entire agreement on this subject.
16.6 Copyright complaints. Send notices of claimed copyright infringement to service@vyg.ai with the information required by 17 U.S.C. 512(c)(3).