Terms and Conditions

Last Updated: December 15, 2025

Welcome to garyvogtconsulting.com, by Gary Ross Vogt d/b/a Gary Vogt Consulting ("Company," "we," "us," or "our"). These Terms of Service govern your access to and use of our website, software, AI-powered tools, and related services, which we collectively refer to as the Services.

By using our Services, you agree to be bound by these Terms. If you do not agree, you should not use the Services.

1. Eligibility and Acceptance By accessing or using the Services, you represent that:

  • You are at least 18 years old.

  • You have the authority to enter into a binding agreement.

  • If you use the Services on behalf of a business or organization, you are authorized to bind that entity to these Terms.

2. Description of Services 2.1 Platform Features Gary Vogt Consulting provides a software platform and related services that may include:

  • CRM and contact management tools.

  • Voice AI assistants for phone interactions.

  • AI Chat and messaging automation.

  • Reputation management and review response tools.

  • Marketing and workflow automation.

  • Appointment scheduling and calendar tools.

  • Communication tools such as email, SMS, and call handling.

  • Reporting, analytics, and dashboards.

We may add, modify, or discontinue features from time to time.

3. User Accounts 3.1 Account Registration To use most Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information.

  • Keep your login credentials secure.

  • Not share your password with unauthorized persons.

  • Notify us immediately if you suspect unauthorized use of your account.

3.2 Sub Accounts If you create sub-accounts for team members, you are responsible for:

  • Managing user roles and permissions.

  • Ensuring each user complies with these Terms.

  • All actions taken by users under your account.

3.3 Suspension and Termination We may suspend or terminate your account if:

  • You fail to pay fees when due.

  • You violate these Terms.

  • We suspect fraud, abuse, or security threats.

  • Your actions present legal or reputational risk.

4. Fees, Billing, and Refunds 4.1 Subscription Fees Access to the Services may require payment of subscription fees, setup fees, or usage-based fees, according to the plan you select. You agree to pay all applicable fees. 4.2 Automatic Renewals Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date. 4.3 Payment Methods You must maintain a valid payment method on file. Payments are processed securely through Stripe or another designated payment processor. 4.4 Failed Payments If a payment fails, we may:

  • Suspend your access to the Services.

  • Restrict certain features.

  • Eventually delete or archive your data after extended non-payment. 4.5 Refund Policy Unless otherwise stated in writing, all fees are non-refundable. We do not issue prorated refunds for partial months. Setup fees are non-refundable once work has begun.

5. Acceptable Use 5.1 Prohibited Content (SHAFT & High Risk) You agree NOT to send or upload any content related to Sex, Hate speech, Alcohol, Firearms, or Tobacco (SHAFT). These categories are strictly prohibited on our SMS and Voice platforms and will result in immediate account termination. You agree NOT to promote high-risk financial services, including but not limited to pay-day loans, short-term high-interest loans, third-party debt relief, or get-rich-quick schemes. You agree NOT to promote illegal substances, including CBD, vaping, or marijuana (cannabis) related products, regardless of local legality.

5.2 Illegal and Harmful Behavior You agree NOT to:

  • Send spam, unsolicited messages, or "cold" text blasts in violation of the TCPA, CAN-SPAM Act, or other applicable laws.

  • Harass, threaten, defame, or harm others.

  • Engage in illegal, fraudulent, or deceptive practices, including phishing or identity theft.

  • Upload malware, viruses, or malicious code.

5.3 Platform Integrity You agree NOT to:

  • Scrape or harvest data from the platform without authorization.

  • Reverse engineer, decompile, or copy the software.

  • Attempt to "jailbreak," manipulate, or trick AI assistants into generating prohibited, offensive, or unsafe content.

  • Use the Services to violate privacy, telemarketing, or consent-based communication laws.

We reserve the right to monitor for abuse and enforce this Acceptable Use section. Violations of the SHAFT policy will result in an instant ban to protect our carrier standing.

6. SMS and Telephony Communications

6.1 Consent to Communicate By providing your phone number to Gary Vogt Consulting, you expressly consent to receive non-marketing and marketing text messages (SMS and MMS) and phone calls from us, including messages sent by an automatic telephone dialing system or an AI-powered voice assistant. Consent is not a condition of any purchase.

6.2 Frequency and Fees Message frequency varies based on your interactions with our services. Message and data rates may apply to all messages sent and received. Please check with your mobile carrier for details regarding your specific plan.

6.3 Opt-Out Instructions You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. You will receive a final confirmation message stating that you have been unsubscribed. After this, you will no longer receive text messages from us. If you wish to rejoin, you must sign up again using our standard forms.

6.4 Help Instructions If you experience issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly by emailing [email protected].

6.5 Carrier Liability Carriers (T-Mobile, AT&T, Verizon, etc.) are not liable for delayed or undelivered messages.

6.6 Privacy of Mobile Information We value your privacy. Mobile phone numbers and explicit consent data will not be shared with third parties or affiliates for marketing or promotional purposes. This exclusion applies to all data categories; your originator opt-in data and consent are excluded from any data sharing with third parties.

7. AI Features and Limitations Our Services include AI-based features such as Voice AI, Chat AI, and automated review responses. You acknowledge and agree that:

  • AI may generate content that is inaccurate, incomplete, or unexpected.

  • You are responsible for reviewing and approving AI-generated content before relying on it.

  • AI features may rely on third-party vendors such as OpenAI and ElevenLabs.

  • We do not guarantee specific results, accuracy, or performance of AI outputs.

  • You use AI features at your own risk.

8. Privacy Your use of the Services is also governed by our Privacy Policy, which is available on garyvogtconsulting.com. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

9. Data Ownership and Processing 9.1 Your Data You retain ownership of all data that you upload, import, or generate within your account, including contacts, customer information, communications, and CRM content. 9.2 Our Role We act as a Service Provider or Data Processor with respect to your data. We process data only to provide and improve the Services, maintain security, and fulfill our contractual obligations. 9.3 Data Retention If you cancel your subscription, we retain your data for ninety days. After ninety days, we may permanently delete your account and associated data. Billing and financial records may be stored for seven years to comply with legal and tax obligations.

10. Third Party Services Our Services integrate with third-party tools, such as:

  • Stripe for payments.

  • Analytics providers.

  • AI vendors like OpenAI and ElevenLabs.

  • Communication carriers and hosting providers.

Mobile phone numbers and SMS consent are not shared with third parties for marketing purposes. We are not responsible for the availability, accuracy, or behavior of third-party services. Your use of third-party services is subject to their own terms and policies.

11. Service Availability We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. The services may be unavailable due to planned maintenance, unplanned outages, third-party disruptions, or force majeure events. We are not liable for any damages resulting from service interruptions.

12. Limitation of Liability To the fullest extent permitted by law, Gary Vogt Consulting is not liable for indirect, incidental, or consequential damages; loss of profits, revenue, or data; or AI-generated errors. Our total liability is limited to the amount you paid for the Services in the three months preceding the event.

13. Indemnification You agree to indemnify and hold harmless Gary Vogt Consulting from any claims arising from your use of the Services, your violation of these Terms, or your misuse of AI features.

14. Changes to These Terms We may update these Terms from time to time. Changes are effective when posted on our website.

15. Governing Law These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the courts located within the State of California.

16. Contact Information Legal Entity: This website and service are operated by Gary Ross Vogt, doing business as (DBA) Gary Vogt Consulting. All references to "Gary Vogt Consulting" in this document refer to the legal entity Gary Ross Vogt.

If you have questions or concerns about these Terms, contact: Gary Vogt Consulting Email: [email protected]