Who owns the content I create using Vida's AI features?

You retain ownership of AI Inputs you provide. AI Outputs generated by the Services are owned by you and may be utilized for internal business purposes and commercial activities in accordance with the terms of service. You are solely responsible for reviewing and verifying all AI Outputs for appropriateness, accuracy, and suitability.

Terms | Vida AI Agent OS

Q: Can Vida Services be used to contact emergency services?

No. The Services may not be used for contacting emergency services, including without limitation, dialing or texting 9-1-1. You must use your underlying phone service in case of emergency.

Q: How are disputes with Vida resolved?

Any Disputes that cannot be resolved informally shall be settled exclusively by arbitration in Texas, in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and legally binding. You have the right to opt out of arbitration within 30 days after first becoming subject to this Arbitration Agreement.

Effective Date: May 14, 2026

1. AGREEMENT TO TERMS

These “Terms of Service” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and VIDA Global Inc. (“VIDA”, “Company”, “we”, “us”, or “our”), concerning your access to and use of https://vida.io and its subdomains owned and operated by VIDA (collectively, the "Site"), the AI Agent OS Platform (the “Platform”), and any additional content, functionality, or services offered on or through the Site or Platform (collectively with the Site and Platform, the “Services”). We are registered in Texas, United States and have our registered office at 12160 W Parmer Ln, Suite 130-716, Cedar Park, TX 78613. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Services are intended for users who are at least 18 years old or the age of majority in your jurisdiction. Persons under the age of 18 or the age of majority in your jurisdiction are not permitted to use or register for the Services.

Fair Use Policy: To ensure equitable access for all users, our AI phone agent product includes a Fair Use Policy that governs tokens, minutes, and message usage. Each account is allocated a reasonable amount of tokens, minutes, and messages per billing cycle. Usage that significantly exceeds typical patterns for your plan may be deemed excessive, including automation or abnormal repetitive use. We reserve the right to monitor usage and, if necessary, limit or suspend service, or request that users purchase additional allocations if their usage surpasses fair use limits.

Changes to the Terms of Service: We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit the Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service and will indicate the date they were last revised by the posted Effective Date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. It is your sole responsibility to regularly review the Terms of Service to understand changes made.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Please ensure that you check the applicable terms every time you use our Site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.

2. SERVICE DESCRIPTION

The Services are designed to provide agentic skills and a communication platform for messaging, voice, and email communication services. The Services may include:

AI agent deployment, management, and governance tools for businesses, service providers, software vendors, and enterprises.
Omnichannel AI agent communications across voice, messaging, SMS/MMS, email, web chat, and other supported communication channels.
Inbound and outbound voice services, including AI-powered call answering, qualification, routing, scheduling, follow-up, and escalation.
AI-powered messaging and email workflows, including intake, triage, response generation, reminders, customer follow-up, and workflow handoff.
Computer-use functionality for AI agents, including the ability to operate browsers, navigate software applications, use virtual computers, run commands, execute multi-step work across computing environments, and skill-based task execution.
Provisioning, configuration, and management of computer-use agents, including virtual computer provisioning, agent provisioning, skill installation, template onboarding, configuration validation, status tracking, retries, and error handling.
Integrations with business systems, including CRMs, schedulers, ticketing systems, payment providers, communications platforms, data systems, and other systems of record.
Workflow automation for business processes, including lead qualification, appointment scheduling and confirmation, ticket triage, CRM updates, reporting, follow-up, payment capture, and other operational tasks.
Agent observability, analytics, quality assurance, audit logs, conversation history, transcripts, workspace state, usage tracking, and performance monitoring;
Compliance-oriented communications and agent-management tooling, including consent controls, recording disclosures, privacy controls, caller ID attestation, SMS/MMS registration support, permissions, secrets management, and governance controls.
White-label, branded, and multi-tenant agent deployment tools, including custom domains, dashboards, embeddable interfaces, APIs, reseller administration, and pass-through billing.
Usage-based billing, packaging, metering, and partner monetization tools for AI agent programs.

Communication transmissions on the platform may or may not require payment depending on the destination’s preferences or the platform rules.

The Services may not be used for contacting emergency services, including without limitation, dialing or texting 9-1-1. You must use your underlying phone service in case of emergency.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that the Company will not be liable to you or any third party for any modifications, suspension, or discontinuance of the Service.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Services "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited, revocable, non-transferable, and non-exclusive license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will refrain from any act that may infringe or breach the intellectual property rights, privacy rights, or other rights of VIDA, any affiliated party, or any other third party; (6) you have obtained the legally required consent prior to calling, messaging, emailing, or otherwise contacting with the Services any individual including without limitation, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (“CAN-SPAM”), the Telephone Consumer Protection Act of 1991 and its implementing rules and regulations (“TCPA”), the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule (“TSR”), all federal and state Do-Not-Call Registries and implementing regulations (“DNC Registry”), Federal Communications Commission rules and guidelines, and any applicable data privacy and protection laws; (7) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and (8) you will adopt reasonable safety precautions to protect your account username(s) and password(s) for the Services;.

You acknowledge and agree that you must independently review and verify all AI Outputs (defined below) and agentic skills for appropriateness, accuracy, and suitability for your specific use cases. You are solely responsible for any decisions or actions taken based on AI Outputs and agentic skills, and VIDA recommends implementing human review processes for all AI-generated content before use.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you shall not, and shall not permit or assist any authorized user, end customer, employee, contractor, affiliate, representative, or other third party to, directly or indirectly:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Alter or modify any part of any of the Services, nor circumvent, disable, or otherwise interfere with the security, copy-protection, or use-restriction features of the Services, unless expressly permitted under these Terms of Services.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm any third party.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations, including without limitation, CAN-SPAM, TCPA, TSR, the Telemarketing and Consumer Fraud and Abuse Prevention Act, DNC Registry, the Federal Trade Commission’s Telemarketing Sales Rule, and any data privacy and protection law.
Engage in unauthorized framing of or linking to the Services.
Any act in relation to any of the Services that will harm VIDA or any third party, including without limitation, your use, delivery or transmission of phishing, spamming, spoofing, deceptive marketing, unsolicited e-mails, viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in relation to any of the Services.
Use the Services in any way that amounts to fraud, impersonation, spoofing, phishing, deceptive marketing, unlawful robocalling/texting, or fake affiliation.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Use, copy, or distribute in any medium, any part of the Content or Marks other than for purposes expressly provided for in these Terms of Service.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’s software, including but not limited to HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Create a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
Attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
Contact or attempt to contact emergency services, including without limitation, dialing or texting 9-1-1.
Use the Services to submit to any third party, any information that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue.
Use the Services for any illegal or unauthorized purpose.

If you violate the user representations made in this section, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) in our sole discretion.

5. USER REGISTRATIONS

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. In creating an account, you represent that all information you provide is true, accurate, and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You shall notify us immediately of any unauthorized use of your account by contacting us at the information provided below and to change your password. You may not transfer your account to anyone else without our prior written permission.

6. PAYMENT

Subscription

VIDA offers monthly subscription plans (the “Subscription Plans”) with optional add-ons that can be purchased. Additional fees may be outlined in any applicable master services agreement, order form, statement of work, insertion order, or comparable agreement. You agree to pay all fees incurred by you in using the Services.

Changes in Fees

VIDA may, upon any notice required by applicable law, change the fees for the Services at any time or impose additional fees or charges. Such fee changes will be effective only as to prospective Services orders (including monthly, automatic renewals and Subscription Plan upgrades) after the effective date of such change.

Fees

To activate your subscription and ensure you have continued access to your account(s) and the Services, you must provide a credit card or ACH direct deposit information. After your first month of usage, your Subscription Plan will automatically renew at the first of the following month and you will be charged the full amount of your subscription. Your Subscription Plan will renew automatically and continue month-to-month at the rate you agreed to unless you cancel your Subscription Plan or it is otherwise terminated by VIDA. You must cancel your Subscription Plan before it renews to stop recurring charges. VIDA will bill the fees due under your Subscription Plan to the credit card or ACH direct deposit you provide during registration (or to a different credit card/ACH direct deposit if you change your payment information) and continue to do so month-to-month at the rate you agreed to as set forth herein. The fees for your Subscription Plan and add-ons are billed in advance of each billing cycle and are non-refundable. You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Subscription Plan, add-ons, or applicable taxes, and you authorize VIDA to bill you the corresponding amounts. No refunds or credits or rollovers will be provided for partial months of the Services, upgrades and downgrades, or for months unused with an open account. Any discounts applied to a previous Subscription Plan will not apply to a renewed Subscription Plan, including automatic renewals. As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Subscription Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services. VIDA reserves the right to deactivate your access to the Services for failure to pay applicable fees as described in these Terms of Service. Unless otherwise stated, all fees are payable in U.S. Dollars.

Message and Data Rates

VIDA is not responsible for call, messaging, and data rates charged by your mobile carrier associated with your use of the Services. This includes, but is not limited to, standard carrier rates, roaming charges, and international fees. VIDA shall not be liable for any such charges, nor will we provide reimbursement for usage-related expenses under any circumstances. For the sake of clarity, you are responsible for the fees detailed in these Terms of Service.

Credit Card Payments

In the event that provide a credit card, you authorize VIDA to charge your credit card for your Subscription Plan and all other fees incurred by you in using the Services including, without limitation the fees detailed in any applicable master services agreement, order form, statement of work, insertion order, or comparable agreement. You authorize the card issuer to pay any amounts described herein and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until your Subscription Plan is cancelled or terminated. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account(s) current, complete, and accurate. If payment is not received as a result of an expired credit card, VIDA reserves the right to cancel your Subscription Plan and or remove access to your account(s). You agree to pay all costs of collection, including attorney’s fees and costs, and interest on any outstanding balance.

Non-Payment

If you fail to pay or there is an issue with your payment, VIDA reserves the right (in addition to any other rights or remedies we have) to re-charge your credit card or otherwise request payment. VIDA may discontinue the Services and suspend your access to the Services if any fees are more than fourteen (14) days overdue until such amounts are paid in full. All payments must be made in U.S. dollars. Outstanding balances may, in VIDA’s discretion accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month and the maximum rate permitted by applicable law, from the due date until paid, plus VIDA’s reasonable costs of collection (including attorney’s fees). All fees due hereunder are exclusive of, and you shall pay, all sales, use and other taxes, export and import fees, customs duties, and similar charges applicable to the transactions contemplated by these Terms of Service, except for taxes based upon your net income.

7. CANCELLATIONS

Subscribers may request cancellation of your subscription at any time through the Site or by emailing us at help@vida.io. If your use of our Services is governed by a separate agreement or order form, your rights to terminate will be detailed in such agreement or order form.It is your responsibility to disable any call forwarding features with your phone provider that may have been enabled during service activation. In the case of termination either by you or VIDA, no refunds or pro-rata adjustments will be provided. Please allow processing time of at least seventy-two (72) hours before your account is canceled. No refunds will be issued for the current or past services. Any features or services unused at the time of cancellation will be forfeited and are not transferable to other accounts or users. We reserve the right to modify or terminate our services for any reason, without notice, at any time, and without liability to you. All data stored on VIDA’s servers may be deleted after the account is canceled, and retrieval of this data may not be possible. Upon registering for VIDA, you agree to our no-refund policy. All purchases are final, and VIDA does not offer any monetary refunds for cancellations or non-usage of the Services. Promotional offers and discounts do not affect our no-refund policy and are not grounds for a refund exception.

8. USER GENERATED ACTIVITIES

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party or external websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or otherwise make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and the Services to use your Contributions in any manner contemplated by the Services and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms of Service.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, phishing schemes, scams, chain letters, spam, mass mailings, or other forms of unsolicited or unauthorized solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services and permanent removal of published content.

9. CONTRIBUTION LICENSES

By posting your Contributions to any part of the Services or making Contributions accessible to the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, encode, reproduce, disclose, sell, resell, transmit, publish, post, broadcast, exhibit, retitle, archive, store, cache, publicly perform, publicly display, adapt, modify,reformat, translate, transmit, create derivative works, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; and (2) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. AI FEATURES LICENSES

VIDA hereby grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Features during the term of use. The use of the AI Features is subject to your compliance with any and all applicable laws and these Terms of Service.

Ownership of Inputs

When you use AI Features, information uploaded to the Platform, which may include personal data, communications data, and confidential data, may be processed by our AI Features (“AI Inputs”). You retain all rights to your AI Inputs, research data, and other content you provide to the AI Features, subject to the licenses granted herein. You hereby grant VIDA a limited, royalty-free, fully-paid up, non-exclusive, transferable, and sublicensable license to process AI Inputs as necessary to provide the Services.

Ownership of Outputs

Based on the AI Input you provide, you will receive output generated by the AI Features (“AI Outputs”). The AI Outputs generated for you will be considered your data, and except as otherwise stated in this section, we will not claim any right to, title to, or interest in them. You acknowledge that AI Outputs provided to you may be similar or identical to AI Outputs independently generated for other users. We do not guarantee exclusivity or uniqueness of any AI Output, and other users may receive similar insights or analyses based on comparable inputs.

You are authorized to utilize AI Outputs generated for them in accordance with the terms of any agreement between you and, including these Terms of Service, for internal business purposes and commercial activities. The utilization of these AI Outputs does not constitute endorsement on the part of or its constituent entities, nor are these AI Outputs warrantied in any manner.

11. MOBILE APPLICATION LICENSES

Use License

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.

12. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13. THIRD PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. EMAIL AND SMS COMMUNICATIONS

By providing your email and/or mobile phone number to us, you are voluntarily opting in such communications.You agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal ‘Do Not Call’ list.  Message and data rates may apply. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user.  If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at help@vida.io.

15. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

With a minimum of thirty (30) days notice request and in our sole discretion, or as required by applicable law, you shall make available to us all information in its possession reasonably necessary to demonstrate your compliance with the obligations described in these Terms of Services, including without limitation, compliance with applicable legal requirements set forth by CAN-SPAM, TCPA, TSR, DNC Registry, the Telemarketing and Consumer Fraud and Abuse Prevention Act, Federal Communications Commission rules and guidelines, and any data privacy and protection law, and shall allow for, and cooperate with, reasonable assessments by VIDA or VIDA’s designated assessor.

16. PRIVACY POLICY

VIDA’s Privacy Policy is incorporated into these Terms of Service and is available at https://vida.io/privacy. The VIDA Data Protection Agreement is also incorporated into these Terms of Service by reference and is available at vida.io/dpa.

17. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. VIDA maintains a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us via mail or email (subject line: ‘DMCA Takedown Request’) using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification, including the following information:

Your address, telephone number, and email address;
A description of the work(s) that you claim have been infringed;
A description of where the alleged infringing material(s) are located;
A statement by you that you have a good faith belief that the disputed use of such work(s) are not authorized by the owner, its agent, or the law;
A statement by you, made under penalty of perjury, that all of the information in your notice is accurate and that you are the owner or are authorized to act on the owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

18. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW

These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

21. DISPUTES

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH VIDA AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Initial Dispute Resolution

Most concerns can be resolved quickly without resorting to litigation. If you have a concern, you must reach our support department at help@vida.io. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement arising under or in connection with these Terms of Service (“Dispute(s)”) directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Arbitration

Except as detailed the “Exceptions to Arbitration” below, any Disputes that cannot be resolved informally as detailed in the “Initial Dispute Resolution” section above shall be settled exclusively by arbitration in Texas, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrator’s decision shall be final and legally binding and judgment be entered thereon.

Exceptions to Arbitration

Disputes do not include disputes, claims, questions, or disagreements arising out of your visitation to or use of the Site.

Waiver of Jury Trial

YOU AND VIDA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VIDA are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above.

No Classes

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY‘S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND VIDA AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON‘S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to help@vida.io and to: 12160 W Parmer Lane, Suite 130-716. Cedar Park, TX 78613 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with VIDA, or may enter into in the future with VIDA.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, INTERRUPTION OF BUSINESS, LOSS OF DATA, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR PLATFORM, LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE OR PLATFORM, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. THIRD-PARTY DISPUTES

ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE ATTENTIVE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, obligation, claim, debt, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use or misuse of the Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) your violation of any third-party right, including without limitation, any intellectual property, property, personality, or privacy right; or (6) any overt harmful act toward any third party with whom you connected via the Services. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. Your indemnity obligation under this section of these Terms of Service survives these Terms of Service and your use of any of the Services

27. FORCE MAJEURE

VIDA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

28. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service will be binding on and inure to the benefit of you and VIDA and both parties’ respective successors, assigns, heirs and personal representatives. You will not assign or transfer any right or obligation under these Terms of Service without the prior written consent of VIDA and any attempted assignment without VIDA’s prior written consent will be null and void. We may assign any or all of our rights and obligations to others at any time without your consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

30. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

VIDA Global Inc
12160 W Parmer Ln
Suite 130-716
Cedar Park, TX 78613
United States

Email: help@vida.io

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Terms of Use