Vyrl Growth Terms of Service
Effective Date: 2025-06-30 | Last Updated: 2026-01-01
These Terms of Service (“Terms”) govern your access to and use of the Vyrl Growth platform and related services (collectively, the “Services”). Vyrl Growth is a product and service offered by VYNE Collective, doing business as “Vyrl Growth” (“Company,” “we,” “us,” or “our”). If you are using the Services on behalf of a business, you represent that you have authority to bind that business, and “you” and “your” refer to that business.
IMPORTANT: Please read these Terms carefully. By creating an account, clicking “I agree,” paying for, accessing, or using the Services in any way, you agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Services.
1. Acceptance; Free Will to Use; Agreement by Use
Use of the Services is voluntary. You choose to use the Services in your own free will and for your own business purposes. Your access to or use of the Services constitutes your affirmative acceptance of these Terms. If you do not agree, you must stop using the Services immediately.
You may cancel your subscription at any time as described in Section 6.2. Cancellation stops future subscription renewals, but it does not reverse charges already incurred (including usage-based charges) or refund prepaid or already-billed amounts, except where required by law.
2. Definitions
“Account” means your registered Vyrl Growth account (including any sub-accounts/locations). “Wallet” means a prepaid balance used to fund Usage-Based Fees and Rebilling Services. “Rebilling Services” means third-party or metered services that may incur per-use charges, including without limitation telephony (calls/SMS/MMS), email verification, AI features, WhatsApp, domain registration, and other services we may offer. “Usage-Based Fees” means variable fees based on your actual use of Rebilling Services. “Customer Content” means all data, contact lists, messages, files, and other content you upload, submit, or generate through the Services. “Personal Data” means any information that identifies or could reasonably identify a natural person.
3. Service Description; Relationship to Underlying Platform
Vyrl Growth is a white-label customer relationship management (CRM) and marketing automation platform powered by an underlying third-party software platform (the “Underlying Platform”). The Underlying Platform and certain features are provided by third parties (including, for example, HighLevel and various telecom/email/AI vendors). We are not responsible for third-party systems that we do not control.
Certain third-party terms may also apply to your use of specific features (e.g., carrier, telecom, or domain registry terms). If a third-party term conflicts with these Terms as between you and Company, these Terms control our relationship to the maximum extent permitted by law.
3.1 Support; Troubleshooting; Escalations
Support for the Services is provided through Vyrl Growth using the support channels we designate. Because Vyrl Growth is powered by the HighLevel Platform and other third-party networks/providers, certain issues may require escalation to HighLevel and/or other third parties. You authorize us to share information reasonably necessary to provide support and troubleshoot (including account identifiers, configuration details, logs, and message metadata) with HighLevel and relevant third parties. HighLevel is not a party to this Agreement and is not obligated to provide support to you. You may access HighLevel’s public help resources at https://help.gohighlevel.com/support/solutions, and you may attempt to contact HighLevel directly at your discretion; however, any direct support from HighLevel is at HighLevel’s discretion and subject to HighLevel’s policies. We do not guarantee that any particular issue will be resolved, and we are not responsible for outages, bugs, carrier/network errors, or interruptions caused by third-party platforms, networks, or providers.
3.2 Support Channels; Response Times; Scope of Support
How to Contact Us. You may submit support requests by completing the contact form on our website. Upon submission, we will follow up by email. We aim to respond within three (3) business days. We do not guarantee resolution within any specific timeframe. Support is provided in English only unless otherwise stated.
Scope of Support. Vyrl Growth support is limited to: (a) basic CRM configuration and setup questions; (b) billing and account questions; and (c) general guidance on platform features. Support does not include custom development, third-party integrations not natively supported by the platform, campaign strategy, copywriting, or issues caused by your hardware, network, or third-party tools outside our control.
Customer Responsibility; Self-Service Resources. You acknowledge and agree that it is your responsibility to learn, maintain, and manage the CRM following your onboarding call. Vyrl Growth provides access to HighLevel’s knowledge base (https://help.gohighlevel.com/support/solutions) and any additional resources we make available, and you agree to make reasonable use of these resources before submitting a support request. Vyrl Growth is not responsible for ongoing training, day-to-day platform management, or resolving issues that arise from your failure to familiarize yourself with the platform’s features and documentation.
Scheduled Support Calls; Plan-Dependent Benefits. Depending on your subscription plan, you may be entitled to the following scheduled support sessions:
• Standard Plans: Each active account on an eligible standard plan is entitled to one (1) group support call per calendar month, up to thirty (30) minutes in duration. Group calls may include other Vyrl Growth customers and are intended to address basic CRM questions, general setup guidance, and billing questions. Group calls are scheduled at times we designate; we do not guarantee availability of specific time slots.
• Top-Tier Plan ($997/month or as otherwise designated at checkout): In addition to the monthly group support call described above, customers on the top-tier plan are entitled to one (1) individual, one-on-one session per calendar month with a Vyrl Growth account manager, up to thirty (30) minutes in duration. Individual sessions are subject to availability and must be scheduled in advance through the booking process we designate.
Limitations on Scheduled Calls. Support calls are intended for basic CRM questions, feature guidance, and billing inquiries — not for custom buildouts, extensive technical troubleshooting, or consulting engagements. Unused monthly support calls do not roll over to subsequent months and have no cash value. We reserve the right to modify, reschedule, or discontinue scheduled support calls upon reasonable notice, with any material reduction in support benefits reflected in an updated version of these Terms.
3.3 Beta Features; Early Access
From time to time, we may offer features, tools, or services in a “beta,” “early access,” or “preview” state (collectively, “Beta Features”). Beta Features are experimental and provided “as is” without any warranty, representation, or commitment of any kind. Beta Features: (a) may contain bugs, errors, or inaccuracies; (b) may be changed, suspended, or discontinued at any time without notice; (c) are not subject to any service level commitments or uptime guarantees; (d) may not be available in all regions or for all account types; and (e) may be subject to additional terms presented at the time of access. Your use of Beta Features is voluntary and entirely at your own risk. We may use data generated through your use of Beta Features to improve the Services. We are not liable for any loss, damage, or harm arising from your use of Beta Features, including any reliance on their output, availability, or continued operation.
3.4 Support Call Recording
We may record scheduled support calls (including group calls and individual account manager sessions) for quality assurance, training, and compliance purposes. By participating in a scheduled support call, you consent to being recorded. Recordings may be stored securely for up to twelve (12) months and will not be shared with third parties except as required by law, in connection with a dispute, or as necessary to provide the Services. If you do not consent to recording, you must notify us before the call begins; in such cases, we reserve the right to reschedule or decline the session. Sub-account users and invitees who join a scheduled call are also subject to this recording policy, and you are responsible for informing them accordingly.
4. Eligibility; Account Registration; Security
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. You agree to provide accurate account information and keep it current. You are responsible for all activity that occurs under your Account, including activity by your users, contractors, or invitees. You must safeguard credentials and promptly notify us of any suspected unauthorized access.
4.1 Account Ownership; Transfer
Your Account is registered to you personally or to the legal entity you identified at signup. Accounts are non-transferable without our prior written consent. In the event of a business sale, merger, acquisition, or change of control, you must notify us in writing at [email protected] before the transfer takes effect and request an account transfer. We may require the new account owner to agree to these Terms and complete identity verification before any transfer is approved. We are not responsible for disputes between parties regarding account ownership. In the event of a dispute over account ownership, we reserve the right to suspend the Account pending resolution or require a court order or other legal documentation before taking action. Unauthorized transfer of an Account is a material breach of these Terms.
5. Acceptable Use; Compliance; Prohibited Activities
You will use the Services only in compliance with all applicable laws and regulations, including without limitation the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act (15 U.S.C. § 7701 et seq.), applicable state privacy and marketing laws, and carrier/registry requirements. You may not: (a) send unlawful, deceptive, harassing, or abusive messages; (b) transmit malware or attempt to gain unauthorized access to systems; (c) use the Services to violate others’ privacy or intellectual property rights; (d) resell, sublicense, or make the Services available to third parties except as expressly permitted in writing; (e) use the Services as a “cold emailing” or unsolicited outreach system.
5.1 No Cold Emailing; Opt-In Requirement; Unsubscribe and Opt-Out Obligations
The Services are not a cold emailing service. You must send emails, SMS, MMS, WhatsApp, and other communications only to recipients who have willingly signed up or otherwise provided legally valid consent to receive communications from you. You are solely responsible for obtaining, documenting, and honoring consent and opt-out requests. We are not responsible for customer complaints, disputes, regulatory inquiries, or lawsuits arising from your communications practices.
Unsubscribe and Opt-Out Mechanisms; Email Compliance. You must include a clear, conspicuous, and functional unsubscribe or opt-out mechanism in every commercial email message you send using the Services, consistent with the CAN-SPAM Act (15 U.S.C. § 7704) and any applicable state law. This mechanism must: (a) be clearly and conspicuously displayed in every commercial email; (b) consist of a valid return email address or a one-click unsubscribe link that functions for no less than thirty (30) days after the message is sent; (c) allow the recipient to opt out of all future commercial email from you, not just a subset of your communications; and (d) result in your honoring the opt-out request within ten (10) business days of receipt, after which you may not send any additional commercial email to that recipient. You may not charge a fee, require the recipient to provide personally identifiable information beyond an email address, or require the recipient to take more than one step to unsubscribe. For high-volume senders (as defined by applicable provider guidelines, including Gmail and Yahoo bulk sender requirements effective February 2024), you must support one-click unsubscribe (RFC 8058) in all commercial email. You must maintain a suppression list of all opted-out addresses and ensure those addresses are not re-added to active sending lists under any circumstances. Failure to maintain and honor your suppression list is a material violation of these Terms and may result in immediate suspension or termination of your Account.
5.2 Prohibited Industries and Use Cases
The Services may not be used by or for any of the following industries, use cases, or activities, regardless of legality in your jurisdiction. We reserve the right to suspend or terminate any Account that we determine, in our sole discretion, is operating in a prohibited category. Prohibited categories include, without limitation:
• Adult content, adult entertainment, or sexually explicit material of any kind;
• Cannabis, marijuana, hemp, CBD, or any controlled substance business, regardless of state legality, due to federal restrictions and carrier prohibitions;
• Firearms, ammunition, explosives, or weapon accessories, including any business whose primary revenue is derived from the sale of firearms or regulated weapons accessories;
• Payday lending, predatory loan products, debt collection, or debt settlement services;
• Online gambling, sports betting, sweepstakes, fantasy sports with cash prizes, or lottery services, except where expressly permitted by law and pre-approved by Company in writing;
• Multi-level marketing (MLM), pyramid schemes, or network marketing programs that primarily compensate participants for recruiting other participants rather than for sales of products or services to end consumers;
• Political campaign messaging, political advertising, or voter outreach programs, without prior written approval from Company and full disclosure of the campaign’s identity and compliance measures;
• Healthcare, medical, or pharmaceutical communications involving Protected Health Information (PHI) as defined under HIPAA, without a signed Business Associate Agreement (BAA) — see Section 5.3;
• Tobacco, e-cigarettes, vaping products, or nicotine delivery systems;
• Get-rich-quick schemes, work-from-home scams, investment fraud, or any program making earnings claims not substantiated by competent and reliable evidence;
• Any business, individual, or organization on any OFAC, SDN, or other U.S. government sanctions or restricted party list;
• High-risk financial services including cryptocurrency exchanges, initial coin offerings (ICOs), or binary options trading platforms;
• Any activity that violates carrier messaging policies, including CTIA guidelines, as updated from time to time.
We reserve the right to update this prohibited industries list at any time. Continued use of the Services after an update constitutes acceptance of the revised list. If you are unsure whether your use case qualifies, contact us at [email protected] before subscribing.
5.3 HIPAA; No PHI; No BAA
THE SERVICES ARE NOT HIPAA COMPLIANT BY DEFAULT AND ARE NOT DESIGNED OR INTENDED FOR USE IN CONNECTION WITH PROTECTED HEALTH INFORMATION (“PHI”) AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND ITS IMPLEMENTING REGULATIONS.
You may not use the Services to transmit, store, process, or display PHI unless you have entered into a separate, signed Business Associate Agreement (BAA) with Company prior to any such use. We are not obligated to offer or execute a BAA, and our willingness to do so, if any, is at our sole discretion and subject to separate pricing and terms. Absent a signed BAA: (a) you must not upload, enter, or transmit any PHI through the Services; (b) you must not use the Services to communicate with patients, health plan members, or any individual in connection with their medical treatment, diagnosis, insurance coverage, or health records; and (c) you must not use the Services to fulfill any HIPAA-regulated function, including appointment reminders tied to PHI, prescription notifications, or clinical communications.
You agree to indemnify, defend, and hold harmless Company and its affiliates from and against any claims, fines, penalties, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services in violation of HIPAA, including any use involving PHI without a signed BAA. This indemnification obligation is in addition to, and not in limitation of, the indemnification obligations set forth in Section 15.
5.4 Children’s Privacy; COPPA
The Services are not directed to children under the age of 13. You may not use the Services to collect, process, store, or transmit personal information from or about children under the age of 13 without verifiable parental consent, as required by the Children’s Online Privacy Protection Act (“COPPA”) and applicable law. You represent and warrant that your contact lists, campaigns, and Customer Content do not include personal information of children under 13 unless you have obtained all legally required consents and disclosures. If we become aware that you have collected or submitted personal information of children under 13 in violation of COPPA, we reserve the right to immediately suspend or terminate your Account and delete the relevant data. You agree to indemnify and hold harmless Company from any claims, fines, or penalties arising from your violation of COPPA or any similar children’s privacy law.
6. Subscriptions; Automatic Renewal; California Automatic Renewal Law (ARL) and Similar Laws
Subscription plans are billed in advance on a recurring basis (e.g., monthly or annually), unless stated otherwise at checkout. Except as expressly stated, subscriptions renew automatically at the then-current rate plus applicable taxes and fees until canceled.
6.1 ARL Disclosures; Affirmative Consent; Acknowledgment (California Automatic Renewal Law)
For subscriptions subject to the California Automatic Renewal Law (Business and Professions Code section 17600 et seq.), as amended, we provide clear and conspicuous disclosures of the subscription’s pricing, renewal frequency/term, that the subscription will renew until you cancel, and how to cancel, before you complete checkout. We obtain your affirmative consent before charging you by requiring you to accept these Terms (and any displayed subscription and Wallet/Usage-Based fee disclosures) during the sign-up/checkout flow. These Terms (including renewal and cancellation terms) remain available on our website; you may print or save a copy for your records at any time.
You agree that the disclosures presented during checkout and within your Account settings (including subscription terms, Usage-Based Fees, and Wallet settings) are part of the Services and are incorporated into these Terms by reference.
6.2 Easy Cancellation; How to Cancel
You can cancel at any time using in-app cancellation controls (Settings > Billing) without having to call us, or by emailing [email protected]. Cancellation is intended to be at least as easy as signing up. If you cancel, you will retain access through the end of your current paid subscription period unless otherwise stated. Cancellation does not refund already-paid subscription fees, Wallet balances, or Usage-Based Fees, except where required by law.
6.3 Month-to-Month Subscriptions; Price Changes; Material Changes
All subscription plans are month-to-month. We do not offer annual subscription plans. There are no annual renewal notices. You can view your current subscription plan, billing cycle, next renewal date, and all subscription details at any time inside your Account under Settings > Billing. It is your responsibility to monitor your subscription status and billing information within the platform.
We reserve the right to change subscription pricing or materially modify the Services at any time. Where required by applicable law, we will provide advance notice of price increases or material changes (for example, 7 to 30 days in advance) by email to your account owner or by in-app notification. To the extent permitted by law, continued use of the Services after the effective date of any change constitutes your acceptance of the updated pricing or terms. If you do not accept a change, your sole remedy is to cancel your subscription before the change takes effect as described in Section 6.2.
7. Fees; Payment; Wallet; Rebilling; No Invoice Emails
7.1 Subscription Fees
Subscription fees (if any) are disclosed at checkout or in your order form. You authorize us to charge your selected payment method for recurring subscription fees and any applicable taxes and fees.
7.1A No Credit; No Net Terms; Pay-to-Use Model
Vyrl Growth is not an invoicing or “net terms” service and does not extend credit. You are purchasing access to the Services on a prepaid/authorized basis (“pay-to-use”), not using the Services now and paying later. Subscription access is billed in advance, and Usage-Based Fees are funded through your Wallet and/or authorized charges to your payment method. If you prefer a provider that issues invoices for later payment, do not use the Services.
7.2 Usage-Based Fees and Rebilling Services
In addition to subscription fees, you may incur Usage-Based Fees for Rebilling Services (such as telephony/SMS/MMS, email verification, AI services, WhatsApp, domains, and other metered services). Usage-Based Fees are incurred when you or your users initiate or enable the relevant feature and the underlying vendor processes usage, even if a message is not delivered or a call is not answered. Usage-Based Fees are non-refundable once incurred.
Your applicable Usage-Based Fees are shown in your Account under Settings > Billing > Wallets and Transactions (and related billing pages). By using Rebilling Services, you expressly authorize Company to rebill you for these Usage-Based Fees at the rates displayed in your Account (including Company’s administrative and platform markup), and you agree that these charges are part of the Services you voluntarily chose to use.
7.3 Wallet; Preauthorization; Auto-Recharge up to $5,000
Certain Rebilling Services are funded via a Wallet. You may add funds to your Wallet in advance. If enabled, you authorize us to automatically recharge your Wallet by charging your payment method when your Wallet balance falls below a threshold. Unless otherwise agreed in writing, auto-recharge transactions may be made in amounts you select in-app, and we may charge (in one or multiple transactions) up to a total of $5,000 to keep your Wallet funded based on your usage patterns, contact list size, and feature usage.
For example, depending on your settings and usage patterns, your Wallet may be configured to auto-recharge in $1,000 increments when your balance falls below $100 to reduce the risk of messaging interruptions during high-volume sends. Your specific thresholds and auto-recharge amounts are shown in Settings > Billing > Wallets and Transactions.
You can view and manage your Wallet settings, including auto-recharge amounts and transaction history, in your Account under Settings > Billing > Wallets and Transactions. Wallet funds are not a bank account, do not earn interest, and are non-transferable. Except as required by law, Wallet balances are non-refundable.
7.4 No Automated Invoices or Transaction Emails
We do not send automated invoice emails or automatic emails listing each Wallet recharge or usage-based rebilling transaction. You are responsible for monitoring your billing activity inside your Account. You can access your payments, invoices, Wallet recharges, and rebilling transactions at any time under Settings > Billing (including Wallets and Transactions).
7.4A Billing Transparency; In-App Notice; Your Duty to Monitor
Billing transparency is a core feature of the Services. You acknowledge and agree that subscription invoices, Wallet balances, Wallet recharges, and usage-based rebilling transactions are continuously available for your review inside your Account (Settings > Billing, including Wallets and Transactions). Because the Services do not send automated invoice emails or transaction emails, you are responsible for monitoring your billing activity within the platform. The availability of billing information within the platform constitutes reasonable and sufficient notice of charges to the maximum extent permitted by law.
7.5 Taxes; Late Payments; Suspension; Collections
You are responsible for all applicable taxes, regulatory fees, and pass-through fees unless otherwise stated. If a payment fails or your Wallet is insufficient, we may suspend access to Rebilling Services or the Services until payment is received. We may charge late fees, recover collection costs, and require updated payment information to reinstate service, as permitted by law.
7.5A Condition of Service; Suspension for Insufficient Funds or Failed Charges
Your ability to use Rebilling Services (including SMS/MMS/telephony, AI features, verification, and other usage-based services) is conditioned on having sufficient Wallet funds and/or a valid payment method available for authorized charges. If a payment fails, your Wallet is insufficient, or a Wallet auto-recharge is declined, we may immediately pause or suspend some or all Rebilling Services (and may prevent campaign sends) to avoid unpaid usage. You acknowledge that such suspension is a reasonable protective measure and not a breach by Company.
7.6 Billing Disputes; Chargebacks
If you believe a charge is incorrect, you must notify us in writing at [email protected] within thirty (30) days of the charge date and provide sufficient detail (including the date, amount, and reason for the dispute). We will review your dispute and respond within ten (10) business days of receiving your written notice and all information reasonably necessary to investigate the claim. You agree to cooperate in good faith, including by providing records or evidence reasonably requested. To the maximum extent permitted by law, our billing records, usage logs (including message send logs, email delivery logs, AI usage logs, and verification logs), and Wallet transaction history will be deemed accurate absent a clear showing of material error.
Before initiating a chargeback, ACH return, or payment dispute with your bank or card issuer, you agree to first contact us and allow at least ten (10) business days for investigation and attempted resolution. You acknowledge you may have rights under your card issuer’s rules and applicable law; however, initiating a chargeback without first following this dispute process (or in bad faith) is a material breach of these Terms.
If you initiate or threaten a chargeback or other payment dispute: (a) we may immediately suspend or terminate your access to the Services; (b) we may re-submit the charge where permitted; and (c) you remain responsible for all amounts due, including Subscription Fees, Usage-Based Fees, Wallet charges, and any negative Wallet balance incurred through your Account (including by authorized users). You also agree to reimburse us for the reasonable costs we incur as a result of the chargeback/dispute, including any fees assessed by payment processors, banks, card networks, or third-party providers, and reasonable administrative and collection costs, to the extent permitted by law.
To help prevent unauthorized disputes, you are responsible for ensuring that your account users are authorized, that Wallet auto-recharge settings are configured appropriately, and that you monitor charges and usage in your Account (Settings > Billing > Wallets and Transactions). You agree not to assert a chargeback as a substitute for cancelling your subscription or for resolving a support issue.
8. SMS/MMS/Telephony Policies; Carrier Filtering; Temporary Suspension
Delivery of SMS, MMS, and calls depends on carriers, third-party vendors, and recipient devices. Carriers and vendors may block, filter, delay, or fail to deliver messages for reasons outside our control, including content policies, traffic volume, spam indicators, number validation issues, carrier “send errors,” “accept errors,” or invalid/unreachable numbers.
To protect deliverability and comply with carrier requirements, we may temporarily suspend or limit your ability to send SMS/MMS or place calls (including on a per-number, per-campaign, or per-account basis) if we observe elevated carrier errors, abnormal complaint rates, suspected spam, policy violations, or other deliverability risks. Suspensions may occur without prior notice and may remain in place until issues are resolved.
You are responsible for maintaining lists, honoring opt-outs, and using only validated numbers. You understand that fees may still apply for attempted sends, carrier processing, verification checks, or vendor processing, even if delivery fails.
8.6 Sender/Initiator Responsibility; 10DLC/A2P Registration; Carrier & Messaging Policies
You (the Customer) are the “sender,” “initiator,” and/or “originator” of all communications, campaigns, and messages sent using the Services (including SMS, MMS, voice, email, and other channels). Company provides the platform and does not review, approve, or control your recipient lists, message content, or targeting. You are solely responsible for (a) obtaining, maintaining, and honoring legally valid consent/opt-in for each recipient, (b) honoring opt-outs and “STOP” requests promptly, (c) complying with applicable laws and self-regulatory requirements (including TCPA, CAN-SPAM, CTIA guidelines, state privacy laws, and any carrier/provider policies), and (d) maintaining adequate records of consent and opt-out activity.
10DLC/A2P. For U.S. long-code messaging (10DLC) and other application-to-person (A2P) messaging programs, you acknowledge that registration, vetting, and/or approval may be required by carriers and/or messaging providers before messages may be delivered at scale. You agree to provide accurate and complete information for any required brand, campaign, and/or use-case registration, and you authorize Company (and our providers) to submit and manage such registrations on your behalf as needed. Until registration is approved, carriers may limit throughput, filter messages, or block delivery. Carriers and providers may also impose content restrictions, surcharge fees, message classification changes, or other requirements at any time.
Suspension; Filtering; No Guarantee. Carriers and providers may filter, throttle, or block messages for reasons outside Company’s control, including invalid numbers, excessive send rates, high complaint/opt-out rates, prohibited content, or policy violations. Company may pause or suspend messaging (including SMS/MMS) if we reasonably believe your use may violate law, carrier/provider policies, or may jeopardize deliverability for the platform. Charges may still apply to attempted sends as described in these Terms.
Recordkeeping. You agree to retain evidence of consent (including date/time, method, and source of opt-in) and opt-out logs for each recipient and to provide such records to Company upon request in connection with audits, carrier/provider investigations, or disputes/claims. You agree that Company is not responsible for complaints, penalties, claims, or lawsuits arising from your communications practices, recipient lists, or content.
SMS Opt-Out and STOP Instructions; Compliance. You must include clear opt-out instructions in all SMS and MMS communications sent using the Services. At a minimum: (a) all initial or welcome SMS/MMS messages sent to a recipient must include STOP instructions (e.g., “Reply STOP to unsubscribe”); (b) you must honor STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT keywords immediately and without condition upon receipt, and you may not send any further SMS/MMS messages to that recipient except for a single, legally permitted confirmation message acknowledging the opt-out; (c) you must support HELP instructions (e.g., “Reply HELP for help”) and provide a functional response identifying your business and providing contact information; (d) you must maintain a real-time suppression list of all STOP recipients and ensure those numbers are not re-added to active SMS campaigns; and (e) opt-out requests must be honored across all message types you send to that recipient (transactional, promotional, and otherwise) unless the recipient has separately and affirmatively re-opted in. You acknowledge that carrier guidelines (including CTIA Messaging Principles and Best Practices) require these mechanisms and that failure to comply may result in carrier filtering, campaign suspension, or account termination. Vyrl Growth reserves the right to immediately suspend your SMS sending privileges if we receive evidence of opt-out non-compliance, elevated STOP rates, or carrier complaints. You are solely responsible for all regulatory fines, carrier penalties, and legal claims arising from your failure to provide or honor opt-out mechanisms in your SMS communications. These obligations apply to all message types including SMS, MMS, RCS, and any other mobile messaging channel made available through the Services.
8.7 Audit Rights; Compliance Cooperation
Company reserves the right, upon reasonable notice (or immediately if required by a carrier, regulator, or in response to a complaint), to audit your use of the Services for compliance with these Terms, applicable law, and carrier/provider policies. In connection with any audit, investigation, or third-party inquiry, you agree to: (a) provide copies of your consent records, opt-out/suppression logs, and campaign documentation within five (5) business days of our request; (b) cooperate fully with Company, carriers, regulators, and their representatives; (c) promptly remediate any identified compliance issues; and (d) certify in writing your compliance with applicable messaging laws and these Terms if requested. Company may suspend your Account or messaging privileges during the pendency of an audit if we reasonably believe continued use poses a risk to the platform, other users, or third parties. Failure to cooperate with an audit request within the specified timeframe is a material breach of these Terms.
9. Third-Party Services; Domains; Starting Price Disclosures
Some features rely on third-party services (e.g., email/SMS carriers, domain registrars, AI model providers). Third-party services may have separate terms and may change pricing or availability. We may pass through third-party changes by updating the rates shown in your Account.
Domain registrations (if offered) are billed as a Rebilling Service. Domain pricing varies by top-level domain (TLD) and registry fees. As of the Effective Date, many standard domains start at $11 per domain per year (plus applicable taxes/fees), but prices may be higher depending on the TLD or registry.
10. Privacy; Data; Customer Content
Our collection and use of personal information is described in our Privacy Policy. You retain ownership of your Customer Content (including contact data, messages, and files you upload). You grant Company a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely to provide, secure, and improve the Services.
You represent and warrant that you have all rights and consents necessary to provide Customer Content and to use it as contemplated by the Services, including for marketing communications.
10.1 CCPA; California Privacy Rights; Service Provider Relationship
To the extent applicable, the parties acknowledge that: (a) you are the “business” (as defined under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, collectively “CCPA”) with respect to Personal Data of your California contacts, customers, and end-users; and (b) Company is acting as a “service provider” under CCPA, processing Personal Data on your behalf solely for the business purposes described in these Terms and our Privacy Policy.
As a business under CCPA, you are responsible for: (a) providing required privacy notices to California residents whose Personal Data you collect and process through the Services; (b) responding to consumer rights requests (including requests to know, delete, correct, and opt out of sale/sharing) from your own customers and contacts; (c) ensuring you have a lawful basis to share Personal Data with Company for processing; and (d) maintaining a CCPA-compliant privacy policy on your own website or application. Company will not sell or share (as those terms are defined under CCPA) your Customer Content or the Personal Data of your contacts, and will not retain, use, or disclose such Personal Data outside the scope of the service provider relationship. If you receive a consumer rights request relating to Personal Data processed through the Services, you agree to notify us promptly if you require our assistance in fulfilling the request, and we will cooperate as required by applicable law.
10.2 International Data; GDPR; Cross-Border Transfers
Company is based in the United States. If you or your contacts are located in the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or other jurisdictions with data protection laws governing cross-border data transfers (collectively, “International Jurisdictions”), additional obligations may apply.
You acknowledge and agree that: (a) you are the “data controller” and Company is the “data processor” under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and/or applicable UK data protection law, with respect to Personal Data of individuals located in International Jurisdictions that you process through the Services; (b) you are solely responsible for ensuring you have a lawful basis under GDPR or applicable law to collect, transfer, and process such Personal Data through the Services; (c) by using the Services to process Personal Data of individuals in International Jurisdictions, you agree that such data will be transferred to and processed in the United States, and you represent that you have implemented appropriate safeguards for such transfer (including, where applicable, executing Standard Contractual Clauses or relying on another approved transfer mechanism); and (d) you are responsible for honoring data subject rights requests (including access, erasure, restriction, portability, and objection) from individuals in International Jurisdictions whose data you process through the Services.
If you require a formal Data Processing Agreement (DPA) to comply with GDPR or applicable law, you must contact us at [email protected] before using the Services to process Personal Data of individuals in International Jurisdictions. We will make reasonable efforts to accommodate DPA requests; however, we are not obligated to execute a DPA and our willingness to do so is at our sole discretion. Absent a signed DPA, you represent and warrant that your use of the Services to process international Personal Data is lawful under applicable data protection law. You agree to indemnify, defend, and hold harmless Company from any claims, fines, or penalties arising from your failure to comply with GDPR or applicable international data protection laws.
10.3 AI Features; Data Use; Opt-Out
The Services include features powered by artificial intelligence and machine learning models, some of which are provided by third-party AI model providers (collectively, “AI Providers”). In connection with your use of AI Features, Customer Content (including contact data, message content, and other data you submit to or generate through the Services) may be processed by AI Providers in order to generate outputs and deliver AI functionality.
We do not currently use your Customer Content to train our own proprietary AI models without your consent. However, third-party AI Providers that power certain features (such as those listed in Schedule A) may process your Customer Content in accordance with their own terms and data use policies, which may include use for model improvement or training. We are not responsible for the data practices of third-party AI Providers, and we encourage you to review their applicable terms.
If you wish to limit the use of your Customer Content in connection with AI features to the minimum necessary to deliver the requested output, you may submit a written opt-out request to [email protected] with the subject line “AI Data Opt-Out.” We will make commercially reasonable efforts to honor your request within thirty (30) days; however, opting out may limit the availability or performance of certain AI Features within the Services. An opt-out applies only to prospective data use and does not affect any processing that occurred prior to our receipt and implementation of your request.
11. Intellectual Property; Feedback
The Services, software, and all related intellectual property are owned by Company and/or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services during your subscription term, subject to these Terms.
11.1 Feedback; No Compensation
If you provide suggestions, ideas, enhancement requests, recommendations, or other feedback about the Services (“Feedback”), whether verbally, in writing, through a support call, survey, or any other channel: (a) Feedback is entirely voluntary and you are not obligated to provide it; (b) Company may use Feedback for any purpose, including improving or developing new features or services, without any obligation, restriction, or compensation to you; (c) you assign to Company all right, title, and interest in and to any Feedback, and waive any moral rights therein; and (d) Feedback does not create a consulting, employment, joint venture, or contractor relationship between you and Company. If you participate in any beta program, user research, or feedback session, these same terms apply to any feedback, ideas, or suggestions you provide in that context.
12. Termination; Suspension; Data Export; Account Transfer to Underlying Platform
You may cancel your subscription at any time as described in Section 6.2. We may suspend or terminate your access immediately if you violate these Terms, fail to pay, engage in prohibited activities, or if we believe your use creates risk to the Services, other users, carriers, or vendors.
12.1 Termination by Company; 30-Day Notice
In addition to our right to terminate immediately for cause (including violations of these Terms, non-payment, or prohibited use), Company reserves the right to terminate your Account and access to the Services for any reason or no reason, upon thirty (30) days’ prior written notice to the email address on file for your Account (“Discretionary Termination Notice”). During the 30-day notice period, you may continue to access and use the Services, export your data, and make arrangements for continuity. After the 30-day period, your access will be disabled and your data may be subject to deletion in accordance with Section 12.3.
Company may provide the Discretionary Termination Notice by email to your account owner or by in-app notification. It is your responsibility to maintain a current and valid email address in your Account settings. If a termination notice is sent to an outdated or inactive email address, the 30-day period begins on the date of sending regardless of whether you actually received the notice.
12.2 Account Transfer to HighLevel; Automation Limitations
Upon termination (whether by you, by Company for cause, or pursuant to a Discretionary Termination Notice), you may have the option to migrate your account and associated data to a direct HighLevel account or another HighLevel-powered platform (“Account Migration”). If you elect Account Migration: (a) you must contact us before or promptly after termination to initiate the migration process; (b) migration is subject to HighLevel’s then-current account requirements, terms of service, and pricing, and we make no representations about HighLevel’s willingness to accept or onboard your account; (c) you acknowledge that certain automations, custom workflows, integrations, white-label configurations, and features built within the Vyrl Growth environment may not transfer, may break, may require reconfiguration, or may not be available in a direct HighLevel account; (d) Company is not responsible for any data loss, automation failures, disruption of service, or business interruption that occurs as a result of or in connection with Account Migration; and (e) any fees associated with a direct HighLevel account are your sole responsibility. We will make reasonable efforts to assist with Account Migration where practicable, but we do not guarantee a seamless transition and we are not liable for any losses or damages arising from the migration process or the unavailability of features post-migration.
12.3 Data Retention; Export; Deletion
You are responsible for exporting your data prior to termination or expiration of your Account. We may retain your data for up to ninety (90) days following termination, after which it may be permanently deleted. We are not responsible for any data loss following account termination. Some information may be retained beyond ninety (90) days as required by law or for legitimate business purposes (e.g., billing records, compliance documentation, dispute resolution). Upon written request submitted within the post-termination retention period, we will make reasonable efforts to provide an export of your Customer Content in a standard format.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MESSAGES WILL BE DELIVERED.
13.1 AI Features; No Accuracy Warranty; Customer Responsibility
The Services include or may include features powered by artificial intelligence and machine learning models, including third-party AI models (“AI Features”). You acknowledge and agree that:
• AI-generated content, outputs, responses, recommendations, and decisions (collectively, “AI Outputs”) may be inaccurate, incomplete, outdated, biased, offensive, or otherwise inappropriate. AI Outputs are probabilistic in nature and do not constitute professional advice of any kind, including legal, medical, financial, psychological, or tax advice.
• You are solely responsible for reviewing, evaluating, and approving all AI Outputs before using them in any communication, publication, marketing campaign, or business decision. You must not transmit, publish, or rely on AI Outputs without human review and verification.
• AI Outputs may infringe third-party intellectual property rights, including copyrights and trademarks. Company makes no representation that AI Outputs are free from third-party IP claims, and you assume all risk and liability for any IP claims arising from your use of AI Outputs.
• AI Features may not be available at all times, may be modified or discontinued without notice, and are subject to usage-based fees as described in Schedule A and Section 7.2. The availability, performance, and output quality of AI Features depend on third-party model providers and may change without notice.
• You may not use AI Features to generate content that is deceptive, fraudulent, defamatory, discriminatory, or that violates any applicable law or these Terms. You may not use AI Features in connection with any high-stakes automated decision-making that may affect a person’s legal rights, financial status, health, safety, or access to essential services without appropriate human oversight.
• COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO AI FEATURES AND AI OUTPUTS, EXPRESS OR IMPLIED. YOUR USE OF AI FEATURES IS ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO COMPANY FOR SUBSCRIPTION FEES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, employees, contractors, and licensors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Content; (b) your communications (email/SMS/MMS/WhatsApp/voice) and consent practices; (c) your violation of these Terms or applicable law; (d) your use of third-party integrations; (e) your violation of HIPAA or use of the Services in connection with PHI without a signed BAA; (f) your violation of COPPA or use of the Services in connection with data of children under 13; (g) your failure to comply with CCPA, GDPR, or any other applicable data protection law; (h) your use of AI Outputs without appropriate human review; or (i) any claim by a sub-account user, your client, or any third party arising from your use of the Services.
16. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. It affects your rights. To the maximum extent permitted by law, you and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, and not in a class, consolidated, or representative action.
You and Company waive any right to a jury trial. Either party may bring an individual action in small claims court if the claim qualifies. Nothing prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse of intellectual property or data.
Arbitration will be administered by a reputable arbitration provider (such as AAA or JAMS) under its applicable rules. Unless otherwise required by law, the arbitration will take place in California, and the arbitrator may award only the same damages and relief that a court could award.
17. Governing Law; Venue
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. If arbitration is found unenforceable for a particular claim, that claim will be brought exclusively in the state or federal courts located in California, and the parties consent to personal jurisdiction there.
18. Force Majeure
Neither party will be liable to the other for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent such delay or failure is caused by circumstances beyond that party’s reasonable control (“Force Majeure Event”). Force Majeure Events include, without limitation: natural disasters (including earthquakes, floods, fires, hurricanes, and storms); acts of God; war, terrorism, civil unrest, or government action; epidemics, pandemics, or public health emergencies declared by a government authority; strikes or labor disputes; internet or telecommunications outages not caused by the affected party; carrier or network provider failures or outages; cyberattacks, denial-of-service attacks, or security incidents caused by third parties; or changes in law or regulation that materially affect a party’s ability to perform.
The party seeking to invoke Force Majeure must: (a) provide prompt written notice to the other party as soon as reasonably practicable after the Force Majeure Event begins, describing the event and its expected duration; (b) use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable; and (c) provide updated notices if the expected duration materially changes.
If a Force Majeure Event affecting Company continues for more than sixty (60) consecutive days, either party may terminate the affected Services upon written notice, and Company will provide a pro-rated refund of any prepaid subscription fees for the period during which the Services were unavailable due to the Force Majeure Event, as the sole and exclusive remedy for such termination. For clarity, third-party platform outages (including HighLevel outages) that affect the Services are treated as Force Majeure Events for Company’s purposes.
19. Miscellaneous; Electronic Notices
19.1 Electronic Notices; Assignment; Severability; Waiver; Entire Agreement
Electronic Notices: You consent to receive communications and notices from us electronically (for example, via email, in-app notifications, or by posting notices in your Account). Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Severability: If any provision is held unenforceable, the remaining provisions remain in effect. Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future. Entire Agreement: These Terms (and any order form) constitute the entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous agreements, representations, and understandings.
19.2 Survival
The following provisions will survive the expiration, cancellation, or termination of these Terms for any reason, and will remain in full force and effect indefinitely or for the period specified: Sections 1 (Definitions), 5 (Acceptable Use, including all subsections), 7 (Fees, including payment obligations for amounts already incurred), 10 (Privacy; Data; Customer Content), 11 (Intellectual Property), 13 (Disclaimers, including AI Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution; Arbitration; Class Action Waiver), 17 (Governing Law), 18 (Force Majeure), and 19 (Miscellaneous). For the avoidance of doubt, survival of these provisions does not entitle you to continued access to the Services after termination. Your obligations with respect to consent records, opt-out logs, suppression lists, and HIPAA compliance survive termination with respect to any activities that occurred during your use of the Services.
19.3 No Third-Party Beneficiaries
These Terms are entered into solely between Company and you, and are intended solely for the benefit of Company and you. Nothing in these Terms, express or implied, is intended to or will: (a) confer upon any third party — including your customers, clients, contacts, sub-account users, or any end-user of your communications — any legal or equitable right, benefit, remedy, or claim of any nature whatsoever under or by reason of these Terms; (b) create any third-party beneficiary relationship; or (c) impose any obligation on Company to any person or entity other than you. Company’s obligations run solely to you as the contracting party, and not to any user, recipient, or third party that may interact with you through the Services.
19.4 Limitation on Time to Bring Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, CAUSE OF ACTION, OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE DATE ON WHICH THE PARTY ASSERTING THE CLAIM KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM. ANY CLAIM NOT BROUGHT WITHIN THIS PERIOD WILL BE PERMANENTLY BARRED, REGARDLESS OF ANY LONGER PERIOD THAT MAY BE PERMITTED BY APPLICABLE LAW. BOTH PARTIES AGREE THAT THIS SHORTENED LIMITATIONS PERIOD IS REASONABLE GIVEN THE NATURE OF THE SERVICES, THE AVAILABILITY OF BILLING RECORDS AND USAGE LOGS WITHIN THE PLATFORM, AND THE PARTIES’ MUTUAL INTEREST IN PROMPT RESOLUTION OF DISPUTES.
This limitation applies to all claims, regardless of the legal theory (contract, tort, statute, or otherwise), and regardless of whether the claim is brought in arbitration, small claims court, or any other forum. This limitation does not apply to claims that applicable law expressly prohibits from being shortened by contract.
19.5 Contract for Services; Exclusion of UCC and CISG
These Terms constitute a contract for the provision of services and access to a software platform, and are not a contract for the sale of goods. The parties expressly agree that: (a) the Uniform Commercial Code (UCC), as adopted in any jurisdiction, does not apply to these Terms or the Services; (b) the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted in any jurisdiction, does not apply to these Terms or the Services; and (c) the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms, the Services, or any transaction contemplated herein, regardless of where you are located. All implied warranties that might arise under the UCC or any similar statute are expressly disclaimed to the maximum extent permitted by law. The parties agree that these Terms are to be construed as a services agreement governed solely by the law specified in Section 17.
19.6 Insurance
Company maintains appropriate commercial general liability, professional liability, and cyber liability insurance coverage through its parent entity, VYNE Collective, LLC, in amounts consistent with commercially reasonable business practices. Company does not warrant that any specific coverage amount, policy type, or insurer will be maintained at any particular level. Nothing in these Terms creates any obligation on Company to name you as an additional insured or to provide certificates of insurance unless separately agreed in writing.
20. Contact
Questions about these Terms: [email protected]
Schedule A – Usage-Based Fees and Rebilling Rates
As of Effective Date
The following Usage-Based Fees may apply when you use the corresponding Rebilling Services. Rates may vary by region, carrier, vendor, or feature and may change. The rates displayed in your Account under Settings > Billing control for billing purposes. Amounts below are per unit unless stated otherwise.
• Phone System – Making Calls: $0.02002 per minute. VoIP outbound calls; rates may vary by region/carrier.
• Phone System – Receiving Calls: $0.012155 per minute. VoIP inbound calls; rates may vary by region/carrier.
• Phone System – Text Messages (SMS): $0.011869 per segment. Outbound SMS; carrier delivery not guaranteed.
• Workflow Premium Actions: $0.012 per execution. Applies to premium workflow actions where enabled.
• LC Email Verification: $0.003 per email verification. Charged when verifying an email address.
• Content AI – Words: $0.099 per 1,000 words. AI-generated content words.
• Content AI – Images: $0.066 per image. AI-generated images.
• Workflow External AI Models – Input: $0.66 per 750,000 words. AI model input usage.
• Workflow External AI Models – Output: $2.64 per 750,000 words. AI model output usage.
• Conversation AI – Messages: $0.022 per message. AI message usage within supported features.
• Voice AI – Voice Calls: $0.143 per minute. AI voice call usage.
• WhatsApp Usage: $0.0814 per WhatsApp usage. WhatsApp messaging usage where enabled.
• Reviews AI: $0.011 per review response. AI-generated review responses.
• Domain Purchase/Registration: Starting at $11.00 per domain per year. Pricing varies by TLD/registry; plus applicable taxes and fees.
• Funnel AI: $1.089 per use. AI funnel generation/usage.
• Agent Studio: $0.275 per 750,000 words. Agent Studio AI usage.
Note: Some vendor charges may not be rebilled in certain configurations (for example, certain A2P registration and call transcription charges where the underlying vendor bills Company directly). If a fee is not rebilled, it will not appear in your Account’s Usage-Based Fees.