Terms of Service

This is an agreement between you and VELCAR.AI LLC (“VELCAR”, “we”, “us”), a limited liability company registered in the State of Florida, United States, with its registered address at 14 NE 1ST AVE, STE 1403, Miami, FL 33132, United States.

By using our website, engaging our services, or interacting with an assistant we operate, you agree to these terms. If you do not agree, do not use the service.

Signed agreements take precedence. Many of our engagements are governed by a separate signed services agreement, order form, or statement of work. Where a signed agreement conflicts with these terms, the signed agreement controls for that client. These terms fill any gaps and govern all use that is not covered by a signed agreement — including use of this website.

• Client — a business that engages VELCAR to operate an AI messaging assistant on its behalf.
• End User — a person who sends a message to a Client through WhatsApp or Instagram and receives a reply from the Assistant.
• Assistant — the AI system VELCAR configures and operates to read incoming messages and reply on a Client’s behalf.
• Services — the Assistant together with the configuration, integration, monitoring and support work VELCAR provides.
• Platforms — the WhatsApp Business Platform and the Instagram Messaging API, operated by Meta.

You must be at least 18 years old to enter into an agreement with us. If you accept these terms on behalf of a company, you represent that you have authority to bind that company. Our services are directed to businesses, not to consumers, and are not intended for children.

The Assistant is configured to act within the scope a Client defines. It can:

• Read incoming WhatsApp and Instagram messages sent to the Client and generate replies on the Client's behalf.
• Answer questions about the Client's services, hours, location and offerings, using information the Client provides.
• Check availability and create, reschedule or cancel appointments in the Client's scheduling system where that integration is configured.
• Escalate a conversation to the Client's team when a request falls outside the Assistant's scope, when the End User asks for a person, or when confidence in a correct answer is low.

We may improve, modify or discontinue features over time. Where a change materially reduces functionality a Client relies on, we will give reasonable advance notice.

If you are a Client, you are responsible for:

• Providing accurate business information for the Assistant to rely on — pricing, services, hours, policies. The Assistant answers from what you give it.
• Keeping your account credentials secure and telling us promptly if you suspect they have been compromised.
• Maintaining your own accounts with Meta and any connected scheduling, CRM or payment tools, and keeping them in good standing.
• Reviewing the Assistant's behaviour after configuration changes, and telling us when a reply is wrong so we can correct it.
• Monitoring escalated conversations and responding to End Users who need a human.
• Complying with all laws that apply to your business and your communications with End Users.

You remain responsible for the messages sent from your accounts, including messages the Assistant sends on your behalf.

This section matters, so we state it plainly. As the Client, you are the controller of your End Users’ data and you are responsible for the lawful basis on which they are messaged. Specifically, you must:

• Obtain and maintain any opt-in or consent required before messaging an End User, in the form the applicable law and the Platform's policies require.
• Honour opt-outs. When an End User asks to stop receiving messages, that request must be respected across your systems, not only in the conversation where it was made.
• Comply with the Meta WhatsApp Business Messaging Policy, the Instagram Platform Policy, and the Meta Platform Terms.
• Comply with laws governing electronic communications that apply to you and your End Users — which may include the Telephone Consumer Protection Act (TCPA) in the United States and equivalent rules elsewhere.
• Not use the Assistant to send unsolicited bulk or promotional messages to people who have not opted in.

We provide the tooling; you provide the permission to use it on a given audience. If a Platform restricts, suspends or terminates your account because of how you used it, we will help you understand what happened, but we are not responsible for the restriction.

The Services depend on the Platforms and on other third-party tools you connect. Your use of those Platforms is governed by their own terms, which are between you (or us, where we act as your Tech Provider) and the provider — not created or controlled by these terms.

Meta may change, deprecate, rate-limit, suspend or withdraw its APIs at any time, and may apply its own review, quality-rating and messaging-limit systems to your account. We do not control those decisions and cannot guarantee continued access to any Platform. If a Platform change materially breaks the Services, we will tell you and work with you on the available options.

The Assistant is an AI system. Its replies are generated, not retrieved from a fixed script, and it can be wrong — it may misread a question, state something inaccurate, or produce an answer that does not reflect your current policies.

• Do not rely on the Assistant as the sole source of truth for commitments to End Users. Review its configuration and monitor its output.
• The Assistant does not provide legal, medical, financial or other professional advice, and must not be configured to do so.
• Where a conversation involves a decision with real consequences for an End User, configure it to escalate to a person.
• You are responsible for the content of replies sent from your accounts, including generated replies. Where a generated reply is wrong, tell us and we will correct the configuration.

You may not use the Services to:

• Send spam, unsolicited bulk messages, or messages to people who have not opted in.
• Send unlawful, fraudulent, deceptive, harassing, hateful, or sexually explicit content, or content that infringes someone else's rights.
• Impersonate another person or business, or misrepresent who is behind the conversation.
• Operate in a category prohibited by the Platforms' policies.
• Collect sensitive personal data — health, financial account, biometric or government ID information — through the Assistant, unless we have agreed to it in writing and the appropriate safeguards are in place.
• Attempt to reverse-engineer, decompile, scrape, overload, or gain unauthorised access to our systems, or to circumvent rate limits or access controls.
• Resell or sublicense the Services, or provide access to a third party outside the scope of your agreement, without our written consent.

We may suspend the Services without prior notice where we reasonably believe continued operation would violate this section, a Platform policy, or the law, or would expose us or an End User to harm. We will tell you why and restore service once the issue is resolved.

Fees, billing frequency and scope are set out in the order form, proposal or signed agreement for your engagement. Any prices shown on this website are indicative starting points, not binding offers.

• Invoices are payable according to the terms stated on them.
• Fees are exclusive of taxes; you are responsible for any applicable sales, use or withholding taxes other than taxes on our income.
• Charges that Meta or another provider bills for message delivery are separate from our fees unless your agreement says otherwise.
• We may suspend the Services for accounts with materially overdue invoices, after giving notice and a reasonable opportunity to pay.
• Except where required by law or stated in your signed agreement, fees already paid are non-refundable.

Your engagement runs for the term stated in your agreement. Where no term is stated, either party may terminate on 30 days’ written notice.

Either party may terminate immediately if the other materially breaches these terms and does not cure the breach within 30 days of written notice. We may terminate immediately where continuing would breach the law or a Platform policy.

What happens on termination

• The Assistant stops replying on your behalf and we revoke the integration tokens you granted us.
• You may request an export of your conversation data; we provide it within 30 days of the request.
• After that window — or immediately, if no export is requested — we delete your conversation data as described in the Privacy Policy.
• Fees accrued up to the termination date remain payable.
• The sections on intellectual property, confidentiality, disclaimers, liability, indemnification and governing law survive termination.

We own our platform. VELCAR retains all rights in the Services, the underlying software, prompts, configurations, workflows, documentation and this website. Nothing here transfers ownership of any of it to you. During your engagement you have a non-exclusive, non-transferable right to use the Services for your own business.

You own your content. Your business information, brand assets, customer data and conversation records remain yours. You grant us a limited licence to process them solely to provide and support the Services.

Feedback. If you send us suggestions for improving the Services, we may use them without restriction or obligation to you. Feedback does not include your confidential business information.

Each party may receive non-public information from the other. Both parties agree to use the other’s confidential information only to perform under this agreement, to protect it with at least reasonable care, and not to disclose it to third parties except to employees and subcontractors who need it and are bound by comparable obligations.

This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law — in which case the receiving party will give notice where it is legally permitted to do so.

Our handling of personal data — including End User messaging data, retention periods, subprocessors and deletion requests — is described in our Privacy Policy, which forms part of these terms.

For End User data, the Client is the controller and VELCAR acts as its service provider, processing that data on the Client’s instructions. End Users can request deletion of their data directly using the data deletion instructions.

Except as expressly stated in a signed agreement, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted or error-free, that the Assistant’s output will always be accurate or appropriate, that any particular business outcome will be achieved, or that third-party Platforms will remain available on their current terms. Any performance figures shown on our website are illustrative ranges from prior work, not commitments about your results.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business or loss of data, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

These limits do not apply to a party’s fraud, wilful misconduct, or gross negligence, or to anything that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

You agree to defend and indemnify VELCAR against third-party claims, damages and reasonable costs arising from your breach of these terms, your violation of law or a Platform policy, the content and business information you supply for the Assistant to use, or your failure to obtain the End User consent described in section 6.

We will defend and indemnify you against third-party claims that the Services as provided by us infringe that party’s intellectual property rights, excluding claims arising from your content, your configuration choices, or use of the Services in breach of these terms.

We update these terms when our service or legal obligations change. The “last updated” date at the top of this page always reflects the current version. For changes that materially affect a Client’s rights or obligations, we will give at least 30 days’ notice by email before they take effect. Continued use of the Services after the effective date means the updated terms apply.

These terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

Before filing a claim, the parties agree to attempt to resolve the dispute in good faith for 30 days after written notice. Either party may seek injunctive relief at any time to protect its intellectual property or confidential information.

• Entire agreement. These terms, together with the Privacy Policy and any signed agreement or order form, are the entire agreement between the parties on this subject.
• Severability. If a provision is held unenforceable, the rest remains in effect and the provision is limited to the minimum extent necessary.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. Neither party may assign this agreement without the other’s written consent, except to a successor in a merger or sale of substantially all assets.
• Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including Platform outages, infrastructure failures and acts of government.
• Notices. Legal notices to VELCAR should be sent to the email and address in section 21. Notices to a Client are sent to the contact email on the account.

Questions about these terms:

VELCAR.AI LLC
14 NE 1ST AVE, STE 1403, Miami, FL 33132, United States
hola@velcar-ai.com