These Terms of Service ("Terms") constitute a legally binding agreement between you and Ziviro LLC, a Pennsylvania limited liability company ("Ziviro," "we," "us," or "our"). These Terms govern your access to and use of the website located at getziviro.com (the "Site") and all services provided by Ziviro (the "Services").
By accessing the Site or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not use the Site or Services.
These Terms apply to two categories of users: (a) End Users and consumers who interact with businesses using Ziviro's platform (e.g., by calling or texting a Ziviro-powered business number), and (b) Business Clients who subscribe to Ziviro's managed automation Services. Certain sections apply specifically to Business Clients and are noted as such.
Ziviro provides fully managed, done-for-you automation services for local service businesses. Our Services include, but are not limited to:
Ziviro serves local service businesses across all trades and verticals, including but not limited to: HVAC, plumbing, electrical, roofing, landscaping, pest control, general contracting, cleaning, automotive, beauty and personal care (salons, spas, nail and lash studios), professional services (insurance, real estate, legal, accounting), fitness (gyms, personal training, yoga, martial arts), and wellness (massage therapy, med spas, wellness coaching).
Exclusion: We do not serve businesses subject to HIPAA compliance requirements, including but not limited to medical practices, dental offices, physical therapy clinics, mental health providers, and pharmacies. If you are unsure whether your business is subject to HIPAA, consult legal counsel before subscribing.
No guaranteed outcomes: Ziviro is a fully managed service platform. We do not guarantee any specific number of leads, appointments, reviews, revenue outcomes, or conversion rates. Results depend on the Business Client's existing call volume, market conditions, customer base, service quality, and responsiveness to escalated inquiries.
To subscribe to Ziviro's Services as a Business Client, you must: (a) be a legally organized and operating business in the United States, (b) be at least 18 years of age, (c) be authorized to enter into binding agreements on behalf of the business, (d) provide accurate and complete business information including a valid Employer Identification Number (EIN) as required for A2P 10DLC registration and carrier compliance, and (e) not be a business subject to HIPAA compliance requirements.
Business Clients access certain Services through a client portal (accessible at getziviro.com/portal), API integrations, and/or direct communication with Ziviro. You are responsible for maintaining the security of any access credentials, authentication tokens, portal links, or API keys provided to you. Portal access is secured via cryptographic token-based authentication unique to each Business Client.
You must notify Ziviro immediately at hello@getziviro.com if you suspect unauthorized access to your account, portal, or any Ziviro-managed system operating on your behalf.
Ziviro may suspend access to Services without prior notice if we reasonably believe your account has been compromised, is being used in violation of these Terms, or poses a security risk to our platform or other clients.
Ziviro's Services are powered by artificial intelligence ("AI"). By using or interacting with our Services, you acknowledge and agree to the following:
Pennsylvania is a two-party (all-party) consent state. Under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § 5704, it is unlawful to intercept, record, or disclose any wire, electronic, or oral communication without the consent of all parties to the communication. Violation is a felony of the third degree under 18 Pa.C.S. § 5703.
Ziviro operates in compliance with the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227, the CAN-SPAM Act, all applicable FCC regulations and declaratory rulings governing automated messaging, and CTIA (Cellular Telecommunications Industry Association) messaging guidelines. All SMS campaigns are registered through Twilio's A2P 10DLC program via The Campaign Registry (TCR).
Before SMS messaging is activated for any Business Client, Ziviro registers the Business Client's brand and messaging campaigns with TCR through Twilio. This registration requires the Business Client's EIN, legal business name, website, and business description. A2P registration may take 1-3 weeks to complete depending on carrier review times. SMS messaging will not be activated until registration is approved.
SMS messages are sent only to End Users who have provided prior express consent through one or more of the following mechanisms:
Ziviro sends the following categories of SMS messages. Message frequency varies by campaign type and customer interaction:
SMS Add-On subscribers receive 1,000 messages per month included. Overages are billed at prevailing carrier rates. Standard messaging rates from the End User's carrier may apply.
End Users may opt out of SMS communications at any time by replying STOP to any message. We also honor UNSUBSCRIBE, CANCEL, END, and QUIT as opt-out keywords. Opt-out is processed immediately and irrevocably — the phone number is permanently suppressed from all future messaging for that Business Client. Opt-out records are retained indefinitely to ensure continued suppression. End Users may re-subscribe by texting START. End Users may text HELP for assistance.
All automated messages include: the Business Client's business name, a clear purpose for the message, and opt-out instructions (reply STOP to unsubscribe). Ziviro prohibits the transmission of: unsolicited marketing messages (spam), content that is false, misleading, or deceptive, SHAFT content (sex, hate, alcohol, firearms, tobacco), and messages to numbers on the National Do Not Call Registry without prior express consent.
Business Clients represent, warrant, and agree to the following:
You may not use Ziviro services to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of Services without refund. Ziviro reserves the right to report violations to applicable law enforcement authorities.
Ziviro builds custom automation systems scoped to each Business Client's specific needs. Fees consist of a one-time setup fee and a monthly recurring management fee, both determined per the applicable service agreement. Pricing is subject to change with 30 days' written notice to active Business Clients.
Add-on services (including, without limitation, SMS messaging, Hiring & Recruitment Funnel, Website Rebuild, Tailored AI Smart Chat Widget, Blog/SEO Content, and Google Review Generation) are available and priced per the applicable service agreement. The SMS Add-On includes 1,000 messages per month; overages are billed at prevailing carrier rates and requires A2P 10DLC registration (1–3 week processing time).
All prices are in U.S. dollars. Services are billed monthly in advance. Setup fees are billed upon service activation. All payments are processed through Stripe. Business Clients may manage their subscription, update payment methods, view invoice history, and cancel service through the Stripe customer portal.
Invoices are due upon receipt. Ziviro will send payment reminders at Day 7 and Day 14 past due. Invoices unpaid after 14 days may result in service suspension upon written notice. Services will be reactivated upon payment of all outstanding balances.
Setup fees are non-refundable once configuration work has begun. Monthly subscription fees are non-refundable for partial months. Unused SMS message credits do not roll over between billing periods. Overpayments will be credited to the Business Client's account or refunded upon request.
Business Clients may upgrade their service tier at any time. The upgrade fee equals the difference between the current and new tier's setup fee. Downgrades take effect at the end of the current billing period. Features available only in higher tiers will be deactivated upon downgrade.
All fees are exclusive of applicable taxes. Business Clients are responsible for paying all applicable sales, use, value-added, or other taxes imposed by any governmental authority in connection with the Services, except for taxes based on Ziviro's net income. Where required by law, Ziviro will collect and remit applicable sales tax (currently Pennsylvania sales tax at the prevailing rate). Tax amounts will be itemized on invoices.
11.1 Client data ownership: Business Clients retain full ownership of all data they provide to Ziviro and all End User interaction data generated through the use of Services. Ziviro acquires no ownership rights in Client data.
11.2 Data processing: Ziviro processes Client data solely for the purpose of providing the contracted Services. We act as a data processor on behalf of Business Clients (the data controllers). We will not use Client data for any purpose unrelated to Service delivery without written consent.
11.3 Data portability: Upon termination or upon written request during the service term, Ziviro will provide a complete export of all Client data within 30 days in a structured, commonly used, machine-readable format (CSV or JSON). One data export per 12-month period is included at no additional cost.
11.4 Data deletion: Upon termination, Client data is deleted within 30 days unless longer retention is required by law (see our Privacy Policy, Section 9 for retention schedule) or requested in writing by the Business Client. Ziviro will confirm deletion in writing upon completion.
11.5 Data security: Ziviro implements administrative, technical, and physical security measures as described in our Privacy Policy, Section 11. In the event of a data breach affecting Client data, Ziviro will notify the affected Business Client within 72 hours of confirmed discovery.
12.1 Definition: "Confidential Information" means any non-public information disclosed by one party ("Discloser") to the other party ("Recipient") that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to: business strategies, client lists, customer data, pricing, financial information, API credentials, system configurations, workflow logic, AI agent prompts, trade secrets, and proprietary methodologies.
12.2 Obligations: The Recipient agrees to: (a) use Confidential Information solely for the purpose of performing obligations or exercising rights under these Terms, (b) protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care, and (c) not disclose Confidential Information to any third party without the Discloser's prior written consent, except to employees, contractors, or service providers who have a need to know and are bound by confidentiality obligations at least as protective as these.
12.3 Exceptions: Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Recipient, (b) was known to the Recipient before disclosure, (c) is independently developed by the Recipient without use of Confidential Information, or (d) is required to be disclosed by law, regulation, or court order, provided the Recipient gives prompt notice to the Discloser where legally permitted.
12.4 Survival: Confidentiality obligations survive termination of these Terms for a period of two (2) years, except for trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.
13.1 Ziviro IP: All workflows, AI agent configurations, system architectures, automation logic, prompts, code, software, documentation, training materials, and proprietary methodologies developed by Ziviro (collectively, "Ziviro IP") remain the exclusive property of Ziviro LLC. Nothing in these Terms grants the Business Client any ownership interest in Ziviro IP.
13.2 Client IP: Business Client branding, trademarks, trade names, logos, and business content provided to Ziviro for use in AI agent configuration remain the exclusive property of the Business Client. Business Client grants Ziviro a limited, non-exclusive, revocable license to use Client IP solely for the purpose of providing the Services during the term of the agreement.
13.3 Service license: During the term of service, Ziviro grants Business Clients a non-exclusive, non-transferable, non-sublicensable, revocable license to use the configured systems (portal, AI agents, automation workflows) solely for their own internal business operations. This license terminates immediately upon termination of Services.
13.4 Feedback: If a Business Client provides suggestions, ideas, or feedback regarding the Services, Ziviro may use such feedback without restriction or obligation to the Business Client.
Ziviro targets 99.5% uptime for voice and messaging services but does not guarantee uninterrupted, error-free, or continuous availability. Service availability depends on third-party providers including Twilio (telephony), ElevenLabs (voice AI), Anthropic (language models), Google Calendar (scheduling), Stripe (payments), and Cloudflare (hosting), whose availability is outside Ziviro's direct control.
Scheduled maintenance windows will be communicated to affected Business Clients at least 24 hours in advance. Emergency maintenance to address security vulnerabilities or critical failures may be performed without advance notice. Ziviro will use commercially reasonable efforts to minimize service disruptions.
Support response times are defined in the applicable service agreement. Support is provided via email at hello@getziviro.com and through the client portal support chat.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. ZIVIRO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ZIVIRO DOES NOT WARRANT THAT: (A) AI AGENTS WILL PERFORM WITHOUT ERRORS, INTERRUPTIONS, OR INACCURACIES; (B) ALL CUSTOMER INTERACTIONS WILL RESULT IN DESIRED OUTCOMES, BOOKINGS, OR CONVERSIONS; (C) THE SERVICES WILL MEET ALL OF THE BUSINESS CLIENT'S REQUIREMENTS; (D) AI-GENERATED COMMUNICATIONS WILL BE FREE FROM ERRORS, OMISSIONS, OR MISREPRESENTATIONS; OR (E) THIRD-PARTY SERVICES UPON WHICH THE PLATFORM DEPENDS WILL BE CONTINUOUSLY AVAILABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
16.1 Liability cap: ZIVIRO'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE BUSINESS CLIENT TO ZIVIRO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16.2 Exclusion of consequential damages: IN NO EVENT SHALL ZIVIRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES; LOSS OF DATA OR DATA CORRUPTION; COST OF PROCUREMENT OF SUBSTITUTE SERVICES; MISSED APPOINTMENTS OR SCHEDULING ERRORS CAUSED BY AI AGENTS; CUSTOMER DISSATISFACTION RESULTING FROM AI INTERACTIONS; LOSSES CAUSED BY THIRD-PARTY SERVICE OUTAGES (TWILIO, ELEVENLABS, ANTHROPIC, ETC.); OR ANY INDIRECT LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ZIVIRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.3 Basis of the bargain: THE LIMITATIONS IN THIS SECTION REFLECT A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ZIVIRO AND THE BUSINESS CLIENT. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
17.1 Client indemnification of Ziviro: Business Client agrees to indemnify, defend, and hold harmless Ziviro LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Client's use of the Services in violation of these Terms or applicable law; (b) Client's violation of the TCPA, CAN-SPAM, or other telecommunications regulations; (c) any dispute between Client and their End Users; (d) Client's failure to obtain or maintain proper consent for automated communications; (e) Client's provision of inaccurate, misleading, or unlawful content for use by AI agents; or (f) Client's breach of any representation or warranty in these Terms.
17.2 Ziviro indemnification of Client: Ziviro agrees to indemnify, defend, and hold harmless the Business Client from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Ziviro's gross negligence or willful misconduct in providing the Services; (b) Ziviro's violation of applicable data protection laws in its capacity as data processor; or (c) infringement by Ziviro's proprietary technology of any third-party intellectual property rights, provided the infringement does not result from Client-provided content or Client's modifications.
18.1 Term: Services are provided on a month-to-month basis unless otherwise specified in a written service agreement. The initial term begins on the date of service activation.
18.2 Cancellation: Either party may cancel Services with ten (10) days' written notice to the other party. Cancellation takes effect at the end of the current billing period following the notice period. Written notice may be delivered via email to the addresses on file.
18.3 Termination for cause: Either party may terminate these Terms immediately upon written notice if the other party: (a) commits a material breach that remains uncured for fourteen (14) days after written notice specifying the breach; (b) becomes insolvent, files for bankruptcy, or has a receiver appointed for a substantial part of its assets; or (c) violates the Acceptable Use Policy (Section 8).
18.4 Suspension: Ziviro may suspend Services immediately, without prior notice, if: (a) Client violates the Acceptable Use Policy; (b) Client fails to pay fees after the 14-day grace period; (c) continued service would expose Ziviro to legal liability; or (d) suspension is required by law or a regulatory authority. Ziviro will provide written notice of the suspension and the reason therefor as soon as practicable.
Upon termination or expiration of these Terms, regardless of the reason:
Neither party shall be liable for failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: natural disasters, acts of God, fire, flood, earthquake; acts of government, war, terrorism, civil unrest, sanctions, or embargo; internet or telecommunications outages; failures of third-party service providers (including Twilio, ElevenLabs, Anthropic, Cloudflare, Stripe, Google, or other infrastructure providers); epidemics or pandemics; power failures; or labor disputes.
The affected party must provide prompt written notice of the force majeure event and its expected duration. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate these Terms upon written notice without liability, and the Business Client shall receive a pro-rata refund for any prepaid fees covering the period of non-performance.
21.1 Governing law: These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.
21.2 Informal resolution: Before initiating any formal legal proceeding, both parties agree to attempt to resolve disputes informally by sending a written description of the dispute to the other party. The parties shall negotiate in good faith for at least thirty (30) days from receipt of the written dispute notice before filing any legal action.
21.3 Jurisdiction and venue: Any legal proceedings arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylvania. Both parties consent to the exclusive jurisdiction and venue of such courts and waive any objection to venue or inconvenient forum.
21.4 Jury waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
21.5 Attorneys' fees: In any action or proceeding to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, in addition to any other relief to which it may be entitled.
Ziviro may modify these Terms at any time. Material changes will be communicated to active Business Clients via email at least thirty (30) days before taking effect. Non-material changes (such as formatting, clarification, or typographical corrections) may be made without advance notice. The "Last Updated" date at the top of this page will be revised accordingly. Continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms. If a Business Client does not agree to the revised Terms, they may terminate the Services in accordance with Section 18.2.
For questions about these Terms of Service: