Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND OR THE VIRTUAL FRONT DESK APPLICATION.

The following Terms and Conditions govern and apply to your use of or reliance upon this website and the mobile application maintained by Virtual Front Desk (website). The word “Website” is inclusive of the mobile application and all of its functions.

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.

1) Intellectual Property

All intellectual property on the Website (except for User Generated Content, as defined belois owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

2) Use Of Company Materials

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

3) User Generated Content

“User” Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other

content that you and/or other Website users post or otherwise make available on or through the Website,

except to the extent the content is owned by us.

4) Account And Account Use

If your use of the Website requires an account identifying you as a user of the Website (an “Account” you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

1. you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
2. you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and

5) Payment

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processoto charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre- approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other userand share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

6) Acceptable Use

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Virtual Front Desk.

You further agree not to use and/or access the Website:

1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
2. To violate any intellectual property rights of us or any third party;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
8. To unlawfully gather information about others.

7) Privacy Information

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.

8) Sale Of Goods/services

We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

9) Reverse Engineering & Security

You may not undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
2. Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

10) Data Loss

We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

11) Indemnification

You defend and indemnify Virtual Front Desk and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and

Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.

12) Spam Policy

You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

13) Third-party Links & Content

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.

14) Variation

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

15) Service Interruptions

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

16) Termination Of Account

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

17) No Warranties

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchant-ability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

18) Limitation On Liability

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Virtual Front Desk arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Virtual Front Desk in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

AI Agent

This section applies to the AI Agent feature of Virtual Front Desk. By enabling, configuring, or continuing to use the AI Agent, the Customer accepts the terms in this section. If the Customer does not accept them, the Customer must not enable the AI Agent.

1. Definitions

• "Virtual Front Desk," "we," "us" means Virtual Front Desk.
• "Customer," "you" means the business or organization that holds the Virtual Front Desk account and enables the AI Agent.
• "AI Agent" means the optional conversational feature that allows a Station to greet and converse with people in front of it.
• "Station" means a device running the Virtual Front Desk application at the Customer's location.
• "Context File" means the business information the Customer uploads or enters to instruct the AI Agent, such as hours, directions, facilities, parking, and policies.
• "Visitor" means any person who interacts with, or is present in front of, a Station.
• "Conversation Log" means, where the Customer has enabled conversation history, the text record of an AI Agent conversation made available to the Customer's authorized users in the Virtual Front Desk dashboard.
• "Output" means anything the AI Agent says, displays, or writes.

2. What the AI Agent dooes

When enabled, the Station uses its camera to detect that a person is present in front of it and begins a spoken conversation, for example a greeting and an offer to help. The AI Agent answers from three sources: (a) the Customer's Context File; (b) publicly available information associated with the Customer's business address, including map and place data; and (c) the general capabilities of the AI models it uses.

The camera is used for presence detection only. We do not record video, do not perform facial recognition or identification, and do not create or store a biometric template or faceprint.

Conversation history is optional and is controlled by the Customer. When the Customer enables it in the dashboard, conversations are converted to text and stored as Conversation Logs that the Customer's authorized users can review there. When it is disabled, no text record of the conversation is kept. Conversation Logs are retained in accordance with our standard retention practice for account data and are accessible to the Customer, not to the public. The decision to enable or disable conversation history, and any consequence of that decision, is the Customer's.

3. Evolving technology; no guarantee of availability

The AI Agent is new and rapidly evolving technology. We may change, limit, suspend, or discontinue it, in whole or in part, at any time, and we may change the underlying models or providers. The AI Agent is provided "as is" and "as available."

4. The Customer is responsible for the Context File

The Customer is solely responsible for the content, accuracy, legality, and currency of its Context File and of any other instruction or configuration it gives the AI Agent. The Customer represents and warrants that:

1. it has all rights necessary to upload and use that content;
2. the content is accurate and kept up to date, and the Customer accepts that outdated content will produce outdated answers;
3. the content does not contain personal information about identifiable third parties, health information, confidential or trade-secret information, credentials, or anything the Customer would not want repeated aloud in its lobby to any person standing there;
4. the content does not instruct the AI Agent to give medical, legal, financial, tax, or other regulated professional advice;
5. the content does not infringe the rights of any third party or violate applicable law; and
6. the content is not designed to defeat, weaken, or work around the guardrails described in subsection 6.

We are not responsible for what the Customer puts in its Context File, or for Output that reflects it. The Customer is responsible for the AI Agent's Output at its location as if its own staff had said it.

5. Accuracy disclaimer

AI systems generate language probabilistically. Output may be inaccurate, incomplete, outdated, misleading, or entirely fabricated, even where the Context File is correct. Output may also be mistranslated where a Visitor speaks another language.

Output is provided for general information and wayfinding convenience only. It is not professional advice of any kind, and it must not be relied on for any decision with legal, financial, medical, or safety consequences. Visitors should confirm anything important with a member of the Customer's staff.

Neither we nor the Customer should represent the AI Agent as infallible. The Customer will not describe the AI Agent to Visitors, in marketing, or in signage in a way that overstates its reliability.

6. Guardrails: best efforts, not a guarantee

We apply commercially reasonable content controls intended to keep the AI Agent professional, including controls intended to prevent it from discussing politics, competitors in the Customer's line of business, sexual content, drugs, violence, hate or harassment, and other content unsuitable for a place of business.

These controls are best-efforts safeguards. They are not perfect and can be defeated, including by deliberate manipulation by a Visitor. We do not warrant that the AI Agent will never produce off-topic, unprofessional, offensive, or otherwise objectionable Output. The Customer will not attempt to disable or circumvent these controls, and will notify us if it becomes aware of Output that breaches them.

7. Not an emergency, safety, or security system

The AI Agent is not a means of contacting emergency services, not a medical triage or symptom-assessment tool, not an access-control or security system, and not a substitute for a human being where one is required by law, licence, regulation, or accreditation. It may be unavailable at any time due to network, power, device, or provider failure. The Customer must not deploy it in any role where its failure or its Output could cause injury, loss of life, or loss of property.

8. Prohibited uses

The Customer will not configure or use the AI Agent to: impersonate a specific real individual; deny that it is an automated assistant when a Visitor asks; collect payment card numbers, government identification numbers, or health information through conversation; provide regulated professional services; make legally binding commitments on the Customer's behalf; or engage in any use prohibited by these Terms or by applicable law.

9. Notices, privacy, and local law

The Customer controls its premises and the interactions that happen in them. The Customer is solely responsible for determining, and for providing, any notice, signage, or disclosure its local law requires for an automated assistant that converses with the public and, where conversation history is enabled, stores a text record of those conversations. Requirements differ by country, province, and state, and can differ from the rules that apply to ordinary security cameras.

Conversation history is the Customer's choice to make and to switch off at any time. Where the Customer enables it, the Customer is, as between the parties, the controller of the personal information contained in Conversation Logs, and we process it on the Customer's behalf under our Data Processing Agreement and privacy policy. The Customer is responsible for its own privacy policy and for responding to individuals who ask about the AI Agent.

10. Service providers

The AI Agent relies on AI models, map and place data, and communication services provided through service providers we select, which we may change at any time. We are not responsible for the accuracy, availability, or content of information provided through these services, including information about businesses, transit, or amenities near the Customer's location.

11. Disclaimer of warranties

To the fullest extent permitted by law, the AI Agent is provided without warranty of any kind, express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, uninterrupted availability, or that Output will be correct, complete, appropriate, or free of error. The Customer uses the AI Agent at its own risk.

12. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or reputational harm, arising out of or relating to the AI Agent or its Output, whether in contract, tort, or otherwise, and whether or not we were advised of the possibility.

Our total aggregate liability arising out of or relating to the AI Agent is subject to, and does not increase, the limitation of liability elsewhere in these Terms or in the Customer's agreement with us.

13. Indemnity

The Customer will defend, indemnify, and hold harmless Virtual Front Desk, its affiliates, and their personnel against any third-party claim, demand, proceeding, loss, fine, or expense (including reasonable legal fees) arising out of or relating to: (a) the content of the Customer's Context File or its configuration of the AI Agent; (b) Output at the Customer's location, including reliance on it by any Visitor; (c) the Customer's failure to provide any notice or obtain any consent required by law; or (d) the Customer's breach of this section.

14. Suspension

We may disable or restrict the AI Agent on the Customer's account, with or without notice, where we reasonably believe it is being misused, is producing unlawful or harmful Output, or is creating legal or security risk for us, the Customer, or a Visitor.