Terms & Conditions

Acceptance of Terms

By accessing or using the Vandergrace Media Group™ website, www.vandergracemedia.com (the "Website"), or purchasing services from Vandergrace Media Group™ LLC, you agree to these Terms & Conditions. If you do not agree, please do not use our services.

Services & Payments

Payment for services is due in full at the time of purchase unless otherwise agreed. All sales are final. We do not offer refunds. If you have concerns about your purchase, please contact us before completing your transaction. Recurring services are billed automatically. You may cancel with written 30-day notice; cancellation halts future billing only and does not refund the current billing cycle.

Intellectual Property

Unless otherwise stated, Vandergrace Media Group™ LLC and/or its licensors own the intellectual property rights for all material owned by Vandergrace Media Group™ LLC. This includes, but is not limited to, the name "Vandergrace Media Group" and its associated logos, which are trademarks of Vandergrace Media Group™ LLC. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use, subject to restrictions set in these Terms & Conditions. You must not:

• Republish material from Vandergrace Media Group™ LLC.
• Sell, rent, or sub-license material from Vandergrace Media Group™ LLC.
• Reproduce, duplicate, or copy material from Vandergrace Media Group™ LLC.
• Redistribute content from Vandergrace Media Group™ LLC (unless content is specifically made for redistribution).

AI-Powered Services & Tools

We use artificial intelligence ("AI") tools and large language models in the delivery of our services, including ad campaign optimization, SEO research, content generation, and the design and operation of AI chatbots, voice agents, and virtual receptionists. By engaging us, you acknowledge and consent to our use of AI in service delivery.

• Limitations of AI Output. AI-generated content can contain errors, inaccuracies, biases, or fabricated information (commonly referred to as "hallucinations"). While we apply human review where reasonable, we do not guarantee that any AI-generated output—including text, audio, recommendations, or responses produced by AI agents we build for you—will be accurate, complete, current, or free from error. You are responsible for reviewing AI output before publishing, sharing, or relying on it for any decision.
• No Professional Advice. AI tools we provide do not deliver legal, medical, financial, tax, or other regulated professional advice. You agree not to deploy our AI tools in a manner that purports to provide regulated professional advice without appropriate human oversight and required disclaimers.
• Third-Party AI Providers. Our AI services rely on third-party providers, including but not limited to OpenAI, Anthropic, Google, ElevenLabs, and telephony partners. We are not responsible for outages, latency, pricing changes, model updates, deprecations, content policy changes, or service modifications imposed by these third parties. If a third-party provider materially changes its offering, we may need to migrate, adjust, or discontinue dependent features.

AI Chatbots, Voice Agents & Virtual Receptionists

Where we build, deploy, or manage AI agents on your behalf, the following terms apply.

• Client Responsibilities. You are solely responsible for: (a) the accuracy of business information, scripts, FAQs, and knowledge bases we use to configure your AI agent; (b) monitoring conversations between your AI agent and end users; (c) compliance with all laws applicable to your industry, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM, HIPAA (where applicable), state recording-consent laws, and any AI disclosure requirements; and (d) ensuring your end users receive any required notices that they are interacting with AI.
• AI Disclosure. You agree to disclose to end users that they are interacting with an AI agent where required by law, including in jurisdictions such as California, Utah, Colorado, and other states or countries that have enacted AI disclosure requirements, and to update such disclosures as laws evolve.
• Recording & Consent. Voice AI agents may record conversations for training, quality assurance, and operational purposes. You are responsible for ensuring lawful recording in every jurisdiction where your end users are located, including obtaining any required two-party consent. We can provide standard disclosure language on request, but final compliance remains your responsibility.
• Outbound Communications & TCPA. If your engagement includes AI-powered outbound calling, texting, or messaging, you represent that you have the legal right to contact each recipient and have obtained any prior express written consent required by law. You agree to maintain compliant opt-out mechanisms and to honor opt-out requests promptly.
• Prohibited Uses. You agree not to use our AI tools to: (a) impersonate any real person without authorization; (b) generate deceptive, fraudulent, harassing, or misleading content; (c) produce content that is unlawful, defamatory, infringing, or that violates third-party rights; (d) make automated decisions affecting credit, employment, housing, insurance, or other consequential matters in violation of applicable law; (e) generate content depicting minors in sexual or harmful contexts; or (f) circumvent the safety features of any underlying AI provider.

Client Data, Conversation Logs & Model Training

Conversations and interactions handled by AI agents we build for you may be logged, stored, and reviewed for service delivery, quality assurance, troubleshooting, and improvement of your specific deployment. We do not sell client conversation data. We will not use your end users' personal information to train general-purpose AI models unless you provide express written consent. Aggregated and anonymized performance data may be used to improve our internal services and benchmarks. Please refer to our Privacy Policy for additional details on data handling.

Sensitive Data. Our AI agents are not designed to handle protected health information (PHI), payment card data (PCI), Social Security numbers, or other regulated sensitive data unless we have agreed in writing to support such a use case. You agree not to configure or use our AI tools to collect or process such data without prior written agreement.

Intellectual Property in AI Tools & Outputs

• Ownership of Deliverables. Subject to your payment of all fees, you own the marketing assets, copy, creative, and AI agent configurations developed specifically for your business under your engagement, consistent with our standard ownership-of-deliverables policy.
• Our Proprietary Frameworks. We retain ownership of our proprietary prompt frameworks, system instructions, agent architectures, training methodologies, internal templates, automations, and supporting code, including any improvements or derivatives developed during the course of your engagement. Your license to use AI agents we deploy is non-exclusive and continues for the duration of your active engagement with us.
• Third-Party Model Limitations. Output generated by third-party AI models is subject to the terms of those providers. We do not warrant exclusive ownership of AI-generated text, images, audio, or other media, as similar outputs may be generated for other users by the same underlying models.

Limitation of Liability

To the maximum extent permitted by law, Vandergrace Media Group™ LLC is not liable for indirect, incidental, or consequential damages. We provide services "as is" and disclaim warranties of merchantability or fitness for a particular purpose.

Without limiting the foregoing, we are not liable for: (a) errors, omissions, hallucinations, or inappropriate responses produced by AI tools; (b) actions taken by end users in reliance on AI-generated content; (c) regulatory penalties resulting from your failure to disclose AI use, obtain required consents, or comply with applicable laws; (d) downtime, model changes, or policy changes imposed by third-party AI providers; or (e) damages arising from unauthorized access to or misuse of AI tools by your employees, contractors, or end users.

Indemnification

You agree to indemnify and hold Vandergrace Media Group™ LLC harmless from claims, damages, and legal fees arising from your use of our services.

You further agree to indemnify, defend, and hold us harmless from any claims, damages, fines, or legal fees arising out of: (a) content, data, scripts, or instructions you provide to configure AI tools; (b) interactions between your AI agents and end users, including claims of misinformation, defamation, or unauthorized practice of a profession; (c) your failure to comply with TCPA, recording-consent laws, AI disclosure laws, or other applicable regulations; and (d) your use of AI outputs in a manner inconsistent with these Terms.

Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications outages, cyberattacks, or the unavailability, modification, or discontinuation of services provided by third-party AI, hosting, or telephony providers.

Termination

We reserve the right to terminate your access to our services for violations of these Terms.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. By using this Website and our services, you agree to resolve any disputes directly with us in good faith. If you have concerns, please contact help@vandergracemedia.com to seek a resolution before pursuing any other remedy.

Changes to Terms

We may update these Terms periodically. Continued use of our services constitutes acceptance of changes.

Vandergrace Media Group™ SMS Program

Users who opt into our SMS program will receive marketing messages, promotions, and service-related reminders/notifications.

• Opt-Out Instructions. You can cancel the SMS service at any time. Simply text "STOP" to the short code. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
• Rejoining Instructions. If you have opted out and wish to rejoin, you may opt in again through our Website or by following the original sign-up process.
• Help Instructions. If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to help@vandergracemedia.com.
• Carrier Liability Disclaimer. Carriers are not liable for delayed or undelivered messages.
• Message and Data Rates Disclaimer. Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
• Privacy Policy. For privacy-related inquiries, please refer to our privacy policy linked below.
• Compliance with Industry Standards. We comply with all industry standards and best practices for SMS communication.
• Legal Compliance. Our SMS program operates in compliance with applicable laws and regulations.