Terms of Service
Effective Date: June 5, 2026
Welcome to Visibility Automation ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website and services, including virtual phone answering, outbound calling, SMS messaging, appointment reminders, website development, search engine optimization (SEO), digital marketing, and related business services.
By accessing our website or using our services, you agree to be bound by these Terms.
1. Services
We provide business communication and digital marketing services, including but not limited to:
Virtual receptionist and phone answering services
Outbound customer calls
Appointment reminders and confirmations
SMS/text messaging services
Lead intake and customer support communications
Website design and development
Search engine optimization (SEO)
Digital marketing and consulting services
We reserve the right to modify, suspend, or discontinue any service at any time.
2. Client Responsibilities
You agree to:
Provide accurate and current information.
Maintain ownership or authorization for any phone numbers, websites, domains, content, or customer data provided to us.
Use our services only for lawful business purposes.
Comply with all applicable federal, state, and local laws and regulations.
Obtain any required consent from your customers before sending calls, texts, or other communications.
You are solely responsible for the accuracy, legality, and appropriateness of information provided to us.
3. A2P Messaging Compliance
Visibility Automation operates messaging services in compliance with applicable carrier requirements, industry standards, and A2P (Application-to-Person) messaging regulations, including A2P/10DLC registration requirements where applicable.
Clients utilizing our SMS services represent and warrant that they have obtained all necessary consents required by law before requesting that we send text messages on their behalf.
We reserve the right to reject, suspend, or terminate messaging campaigns that:
Violate carrier policies
Lack proper recipient consent
Contain prohibited content
Violate applicable federal, state, or local laws
Create excessive complaints, opt-outs, or carrier violations
Clients remain solely responsible for the legality and compliance of the messages they request us to send.
4. SMS Messaging Services
As an A2P-certified messaging provider, we facilitate business-related SMS communications, including but not limited to:
Appointment reminders
Appointment confirmations
Customer service notifications
Lead follow-up communications
Business updates
Service-related alerts
Message delivery is subject to carrier network availability and other factors outside our control. We do not guarantee successful delivery of every message.
Clients must ensure that recipients have provided the legally required consent to receive messages.
Recipients must be provided with an opportunity to opt out of future communications where required by law. Standard opt-out keywords such as STOP and HELP may be supported where applicable.
Message frequency varies based on client activity and customer interactions. Message and data rates may apply according to recipients' mobile carrier plans.
5. Regulatory and Carrier Compliance
To maintain A2P certification and carrier approval, the Company reserves the right to monitor messaging activity for compliance purposes.
The Company may immediately suspend, reject, or terminate any account, campaign, phone number, or messaging activity that:
Violates carrier regulations
Generates excessive opt-outs or complaints
Results in carrier filtering or blocking
Violates TCPA, FCC, CTIA, or other applicable regulations
Poses legal, reputational, or operational risk
Such actions may be taken without prior notice when necessary to maintain compliance or protect service availability.
6. Communications Consent Requirements
Clients using our calling and messaging services acknowledge and agree that:
Consent must be obtained before sending marketing or promotional text messages.
Consent records should be maintained and made available upon request.
Purchased, harvested, or third-party lead lists may not be used unless all applicable consent requirements have been satisfied.
The Company may request proof of consent at any time.
The Company reserves the right to suspend campaigns that fail compliance reviews.
Failure to comply with messaging regulations may result in immediate suspension or termination of services without refund.
7. Website Development Services
For website development projects:
Project timelines depend on timely client feedback and delivery of requested materials.
Delays caused by the client may result in revised completion dates.
Final approval of website content and functionality is the client's responsibility.
Clients are responsible for ensuring that content provided to us does not infringe upon third-party rights.
Unless otherwise stated in a written agreement, ownership of completed website deliverables transfers to the client upon full payment of all project fees.
8. SEO and Marketing Services
SEO and digital marketing services are provided on a best-efforts basis.
Because search engine algorithms, competition, and market conditions constantly change, we do not guarantee:
Specific rankings
First-page placement
Traffic increases
Lead volume
Sales results
Revenue growth
Past performance is not indicative of future results.
9. Fees and Payment
Fees, payment schedules, and service terms will be specified in proposals, invoices, service agreements, or order forms.
Failure to make timely payment may result in:
Suspension of services
Removal of hosted content
Termination of services
Collection efforts where permitted by law
Unless otherwise stated in writing, fees paid for services already rendered are non-refundable.
10. Intellectual Property
The Company retains ownership of:
Proprietary processes
Internal systems
Templates
Software
Documentation
Marketing methodologies
Upon full payment, clients receive ownership rights to specifically contracted deliverables unless otherwise agreed in writing.
11. Confidentiality
Both parties agree to maintain the confidentiality of non-public business information obtained during the course of the relationship.
This obligation does not apply to information that:
Is publicly available.
Is independently developed.
Must be disclosed by law or court order.
12. Disclaimer of Warranties
All services are provided on an "as-is" and "as-available" basis.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:
Merchantability
Fitness for a particular purpose
Non-infringement
Continuous or error-free service availability
13. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
Lost profits
Lost revenue
Lost business opportunities
Data loss
Business interruption
Reputational harm
Our total liability arising from any claim related to our services shall not exceed the total amount paid by the client to the Company during the three (3) months immediately preceding the event giving rise to the claim.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its owners, employees, contractors, and affiliates from claims, damages, liabilities, costs, and expenses arising from:
Your use of our services
Violation of these Terms
Violation of applicable laws or regulations
Communications sent on your behalf
Content or materials supplied by you
15. Termination
Either party may terminate services in accordance with any applicable service agreement.
We may immediately suspend or terminate services if:
Payments become delinquent.
Illegal activity is suspected.
Carrier, regulatory, or compliance violations occur.
Continued service creates legal or operational risk.
16. Governing Law
These Terms shall be governed by and construed under the laws of Tarrant County of the State of Texas, without regard to conflict-of-law principles.
Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Tarrant County, Texas, and the parties consent to the jurisdiction of those courts.
17. Changes to These Terms
We reserve the right to modify these Terms at any time. Updated versions will be posted on this page with a revised Effective Date.
Continued use of our website or services after changes become effective constitutes acceptance of the revised Terms.