Terms of Service

1. About VapiWrap

VapiWrap is a product operated by Threesixtyvue ("Company," "we," "us," or "our"). By using VapiWrap, you are entering into an agreement with Threesixtyvue.

2. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Threesixtyvue governing your access to and use of the VapiWrap platform and services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Note on Terminology: Throughout these Terms and our technical documentation, client accounts may be referred to as "organizations" or "sub-accounts." These terms are interchangeable and refer to the same concept: individual client accounts managed through your agency.

3. Service Description

VapiWrap provides a white-label platform that enables agencies to manage client sub-accounts, subscriptions, billing, and integration with third-party services such as Vapi AI voice systems. The Service includes but is not limited to:

• Multi-client dashboard and agency management tools
• White-label branding and customization features
• Subscription and billing management via Stripe integration
• Third-party API integrations (Vapi, Stripe, etc.)
• Usage tracking and analytics
• Client portal and account management

4. Eligibility and Account Registration

4.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By using the Service, you represent and warrant that you meet these requirements.

4.2 Account Registration

You must create an account to use the Service. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities occurring under your account

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, non-payment, or abusive behavior.

5. Subscription and Payment Terms

5.1 Subscription Plans

The Service is offered on a subscription basis. Pricing, features, and limitations are described on our website and may change at our discretion with notice.

5.2 Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. You must provide payment information to start a trial.

5.3 Billing and Payment

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• All payments are processed through Stripe, our third-party payment processor
• Charges will appear as "360VIEW*VAPIWRAP" or "THREESIXTYVUE VAPIWRAP" on your credit card statement
• You authorize us to charge your payment method for all fees when due
• All fees are non-refundable except as required by law or expressly stated otherwise
• You are responsible for all applicable taxes, which will be added to your invoice
• We may suspend or terminate your account for non-payment

5.4 Price Changes

We reserve the right to modify pricing at any time. Price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' notice of material price increases. Continued use of the Service after price changes constitutes acceptance of the new pricing.

5.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial billing periods or unused portions of your subscription.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful business purposes in accordance with these Terms. You are responsible for your use of the Service and any content you create, upload, or transmit.

6.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers/networks connected to it
• Reverse engineer, decompile, or attempt to extract source code
• Remove or obscure any proprietary notices or branding
• Resell, lease, or sublicense the Service without authorization
• Use automated systems (bots, scrapers) to access the Service
• Engage in fraudulent activity or impersonate others
• Transmit spam, malware, or malicious code
• Overload or attempt to overload our infrastructure

7. Service Availability and Performance

6.1 "AS IS" Service Provision

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

6.2 No Uptime Guarantee

WE DO NOT GUARANTEE ANY SPECIFIC UPTIME OR AVAILABILITY PERCENTAGE UNLESS EXPLICITLY PROVIDED IN A SEPARATE SERVICE LEVEL AGREEMENT (SLA) FOR ENTERPRISE CUSTOMERS. DOWNTIME, OUTAGES, MAINTENANCE, OR SERVICE INTERRUPTIONS MAY OCCUR AT ANY TIME.

6.3 Third-Party Dependencies

The Service relies on third-party services (Vapi, Stripe, Supabase, Vercel, etc.). We are not responsible for interruptions, errors, or unavailability caused by third-party service providers. You acknowledge that such dependencies may affect Service availability and performance.

6.4 Maintenance and Updates

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes scheduled and emergency maintenance, feature changes, and version updates.

7. Data and Content Ownership

7.1 Your Data

You retain ownership of all data, content, and information you upload or create within the Service ("Customer Data"). You grant us a limited, non-exclusive license to use, store, and process Customer Data solely to provide the Service.

7.2 Data Responsibility

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, LEGALITY, AND SECURITY OF YOUR CUSTOMER DATA. WE ARE NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO YOUR DATA, EXCEPT AS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

7.3 Backup Responsibility

YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF CRITICAL DATA. WHILE WE IMPLEMENT REASONABLE BACKUP PROCEDURES, WE DO NOT GUARANTEE DATA RECOVERY IN ALL CIRCUMSTANCES. WE ARE NOT LIABLE FOR DATA LOSS DUE TO SERVICE FAILURES, USER ERROR, OR OTHER CAUSES.

7.4 Data Export

You may export your Customer Data at any time through available tools within the Service. Upon termination or expiration of your subscription, you have 30 days to export your data. After 30 days, we may permanently delete your data.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, technology, design, trademarks, and content (excluding Customer Data), is owned by VapiWrap and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.

8.3 White-Label Use

You may use white-label branding features to customize the client-facing interface. However, this does not grant you ownership of the underlying software or technology. You may not represent the Service as your own proprietary software.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR INFORMATION
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN ADVICE PROVIDED BY US OR OUR REPRESENTATIVES CREATES A WARRANTY.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VAPIWRAP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• BUSINESS INTERRUPTION OR DOWNTIME
• LOSS OF GOODWILL OR REPUTATION
• COST OF SUBSTITUTE SERVICES
• LOSS OF CLIENTS OR CUSTOMERS
• CLAIMS BY THIRD PARTIES

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

10.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

11. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VAPIWRAP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws
• Your Customer Data or content you upload
• Your violation of any third-party rights (intellectual property, privacy, etc.)
• Your relationships with your clients or end users
• Claims by your clients arising from service interruptions or data loss
• Any fraudulent, negligent, or willful misconduct by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

12. Third-Party Services and Integrations

12.1 Third-Party Dependencies

The Service integrates with third-party platforms (Vapi, Stripe, etc.). You are responsible for:

• Maintaining active accounts and subscriptions with third-party services
• Complying with third-party terms of service and usage policies
• Paying fees charged by third-party providers
• Securing your API keys and credentials

12.2 No Responsibility for Third Parties

WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, SECURITY, OR CONDUCT OF THIRD-PARTY SERVICES. YOUR RELATIONSHIP WITH THIRD-PARTY PROVIDERS IS GOVERNED BY THEIR RESPECTIVE TERMS. WE DISCLAIM ALL LIABILITY FOR THIRD-PARTY ACTIONS OR FAILURES.

13. Customer Relationships and Disputes

13.1 Your Client Relationships

YOU ARE SOLELY RESPONSIBLE FOR YOUR RELATIONSHIPS WITH YOUR CLIENTS AND END USERS. WE ARE NOT A PARTY TO ANY AGREEMENTS BETWEEN YOU AND YOUR CLIENTS. YOU ARE RESPONSIBLE FOR:

• Setting pricing, billing terms, and service commitments with your clients
• Providing customer support to your clients
• Resolving disputes with your clients
• Ensuring your use of the Service complies with your client agreements
• Managing client expectations regarding service availability and performance

13.2 No Liability for Client Disputes

WE ARE NOT LIABLE FOR ANY DISPUTES, CLAIMS, OR DAMAGES ARISING FROM YOUR RELATIONSHIPS WITH YOUR CLIENTS, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO SERVICE DOWNTIME, DATA LOSS, BILLING DISPUTES, OR BREACH OF CONTRACT BETWEEN YOU AND YOUR CLIENTS.

14. Term and Termination

14.1 Term

These Terms commence when you first access the Service and continue until your subscription is terminated by either party.

14.2 Termination by You

You may terminate your subscription at any time through your account settings. Termination will take effect at the end of your current billing period.

14.3 Termination by Us

We may suspend or terminate your access to the Service immediately, with or without notice, for any reason, including:

• Violation of these Terms or applicable laws
• Non-payment of fees
• Fraudulent, abusive, or harmful conduct
• Legal or regulatory requirements
• Discontinuation of the Service

14.4 Effect of Termination

Upon termination:

• Your access to the Service will immediately cease
• You remain responsible for all fees incurred through the termination date
• You have 30 days to export your Customer Data
• We may delete your data after 30 days
• Sections relating to payment, liability, indemnification, and dispute resolution survive termination

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@vapiwrap.com to attempt to resolve the dispute informally for at least 30 days.

15.2 Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in [Your State/Country], and judgment on the award may be entered in any court having jurisdiction.

15.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND VAPIWRAP INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US.

15.4 Exceptions

Either party may seek injunctive relief or other equitable remedies in court to protect intellectual property rights or confidential information without first engaging in arbitration.

16. General Provisions

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and VapiWrap and supersede all prior agreements, understandings, and communications.

16.3 Modifications

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be communicated via email or prominent notice within the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

16.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

16.6 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

16.7 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet/telecommunications failures.

16.8 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and VapiWrap as a result of these Terms or your use of the Service.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us: