1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Vomenta Technologies Inc. ("Vomenta," "we," "us," or "our") governing your access to and use of the Vomenta cloud contact center platform, including all associated services, applications, APIs, and websites (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Vomenta provides a cloud-based Contact Center as a Service (CCaaS) platform that includes, but is not limited to:

Omnichannel communication capabilities (voice, chat, SMS, WhatsApp, email, social media, video)
AI-powered agent assistance, autonomous AI agents, and supervisor tools
Predictive and progressive dialer systems
Real-time analytics, dashboards, and reporting
Workforce management and quality management tools
Visual bot builder and automation workflows
API access and third-party integrations

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. The Service is designed for business use and is not intended for personal consumer use.

4. Subscription and Billing

4.1 Pricing

The Service is offered on a subscription basis with modular pricing. You select a base plan, communication channels, and optional add-on modules. Pricing details are available at vomenta.com/pricing and are subject to change with 30 days' prior written notice.

4.2 Billing Cycle

Subscriptions are billed monthly or annually in advance. Usage-based charges (voice minutes, SMS messages, AI tokens, storage) are metered and billed at the end of each billing cycle.

4.3 Payment

Payment is due upon invoice. We accept credit/debit cards, ACH transfers (Enterprise plans), and wire transfers (annual Enterprise plans). Failed payments are retried per our dunning schedule, and accounts may be suspended after repeated payment failures.

4.4 Free Trial

We offer a 14-day free trial with full platform access, up to 5 agent seats, and $25 in usage credits. No credit card is required. At the end of the trial, you may convert to a paid plan or your access will transition to read-only mode.

5. Acceptable Use

You agree not to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Transmit unsolicited communications (spam), harassing, or fraudulent content
Attempt to gain unauthorized access to the Service or related systems
Interfere with the performance, stability, or availability of the Service
Use the Service in connection with illegal telemarketing, robocalling, or activities violating the TCPA, GDPR, or similar regulations
Reverse engineer, decompile, or disassemble the Service
Resell or sublicense the Service without written authorization

6. Data and Privacy

6.1 Customer Data

You retain all rights, title, and interest in your data. We process your data solely to provide and improve the Service, as described in our Privacy Policy.

6.2 Data Processing

Where applicable, we act as a data processor on your behalf. We offer Data Processing Agreements (DPA) for GDPR compliance and Business Associate Agreements (BAA) for HIPAA compliance upon request.

6.3 Data Security

We implement industry-standard security measures including encryption at rest and in transit, SOC 2 Type II controls, regular security audits, and access controls. Details are available in our Security documentation.

7. Service Level Agreement

We commit to maintaining the following uptime guarantees based on your plan tier:

Starter: 99.5% uptime
Business: 99.9% uptime
Enterprise: 99.95% uptime

SLA credits are provided if we fail to meet the committed uptime targets. Scheduled maintenance windows are excluded from uptime calculations and are communicated at least 48 hours in advance.

8. Intellectual Property

The Service, including its original content, features, and functionality, is and will remain the exclusive property of Vomenta Technologies Inc. The Service is protected by copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you ownership of any intellectual property rights in the Service.

9. Third-Party Services

The Service integrates with various third-party services including telecommunications carriers, AI providers (OpenAI, Anthropic, Google), CRM systems, and payment processors. Your use of third-party services is subject to their respective terms and policies. We are not responsible for the content, privacy policies, or practices of third-party services.

10. Limitation of Liability

To the maximum extent permitted by law, Vomenta shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service. Our total liability shall not exceed the amounts paid by you in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Vomenta and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Term and Termination

12.1 Term

These Terms remain in effect as long as you maintain an active account. Monthly subscriptions may be cancelled at any time effective at the end of the current billing period. Annual subscriptions are non-refundable but may be cancelled to prevent renewal.

12.2 Termination by Vomenta

We reserve the right to suspend or terminate your account if you violate these Terms, fail to make timely payments, or engage in conduct harmful to the Service or its users.

12.3 Data Export

Upon termination, you have 30 days to export your data. After this period, we may delete your data in accordance with our data retention policies.

13. Modifications

We may update these Terms from time to time. Material changes will be communicated via email and/or in-app notification at least 30 days before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Contact

For questions about these Terms, please contact us at legal@vomenta.com.