Terms of Service

Version: 1.0  |  Effective Date: March 12, 2026  |  Last Updated: March 12, 2026

Table of Contents

  1. Acceptance of Terms
  2. Description of Service
  3. User Accounts and Responsibilities
  4. Acceptable Use Policy
  5. Intellectual Property Rights
  6. Data Privacy and Protection
  7. Limitation of Liability
  8. Indemnification
  9. Confidentiality
  10. Termination
  11. Service Level and Availability
  12. Payment and Billing
  13. Modifications to the Platform
  14. Security and Compliance
  15. Third-Party Services and Integrations
  16. Export Compliance
  17. Dispute Resolution and Governing Law
  18. Severability and Waiver
  19. Contact and Notices
  20. Final Provisions

1. Acceptance of Terms

By accessing, using, or registering for the Vortex CX platform (the "Platform"), you ("User" or "you") agree to be bound by these Terms of Service ("Agreement"). If you do not agree to all terms and conditions herein, do not use the Platform.

This Agreement is between you and Ansuken LLC, a Florida limited liability company ("Company," "we," "us," or "our"). If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind such organization to this Agreement.

Company reserves the right to update or modify this Agreement at any time. Changes will be effective upon posting to the Platform. Your continued use following such changes constitutes your acceptance of the revised Agreement.

2. Description of Service

Vortex CX is a multi-tenant workflow orchestration and CRM integration platform designed to unify omnichannel communication (WhatsApp, SMS, voice, email) with automated engagement workflows and conversation-driven data capture. The Platform enables agents and teams in insurance, real estate, and financial services to manage client interactions across multiple communication channels with integrated CRM systems.

Key services include:

The Platform is provided on an "as-is" basis. Company does not warrant that the Platform will be uninterrupted, error-free, or completely secure.

3. User Accounts and Responsibilities

3.1 Account Creation

To access certain features, you must create an account and provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 User Obligations

You agree to:

3.3 Verification and Identity

Company reserves the right to request verification of your identity and authorization to use the Platform. Failure to provide adequate verification may result in suspension or termination of your account.

4. Acceptable Use Policy

4.1 Prohibited Activities

You agree not to use the Platform to:

4.2 Fair Use and Usage Limits

Your use must be reasonable and in accordance with your selected service tier. Usage limits vary by subscription tier. Exceeding allocated limits may result in service throttling, temporary suspension, or overage charges.

4.3 Data Processing Responsibilities

You are the controller of Client Data and remain solely responsible for obtaining all necessary consents, compliance with applicable data protection laws, maintaining privacy policies, honoring consumer rights requests, and ensuring Client Data does not violate third-party rights.

Company acts as a data processor and will comply with Data Processing Addendum (DPA) terms upon request.

5. Intellectual Property Rights

5.1 Company IP

All content, features, functionality, and materials included in the Platform are the exclusive property of Company or its licensors and are protected by U.S. and international intellectual property laws.

Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your authorized business purposes.

5.2 User-Generated Content

You retain ownership of any data, documents, or communications you input into the Platform ("User Content"). By providing User Content, you grant Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content solely to provide the Platform services to you and to improve functionality.

Company may use aggregated, anonymized analytics derived from User Content to improve service quality, but such use will not identify you or your clients.

5.3 Open Source Software

The Platform incorporates open-source software components. A complete list of dependencies and their licenses is available upon request. Nothing in this Agreement restricts your rights under applicable open-source licenses.

6. Data Privacy and Protection

Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into this Agreement.

As a SaaS platform processing personal data on your behalf, Company commits to:

International Data Transfers

Some of your data may be processed in the United States or other jurisdictions. Company will implement appropriate safeguards including Standard Contractual Clauses (SCCs) as required by GDPR and other applicable laws.

Audit Rights

Upon reasonable notice and not more than once per year, you may request an audit of Company's data processing practices and security measures.

7. Limitation of Liability

7.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

7.3 Exceptions

These limitations do not apply to either party's gross negligence or willful misconduct, breach of confidentiality obligations, infringement of intellectual property rights, or liability that cannot be excluded by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Platform in violation of this Agreement, your violation of any law or third-party rights, User Content you provide, or unauthorized access to third-party systems using credentials provided through the Platform.

This does not apply to claims arising solely from Company's gross negligence or willful misconduct.

9. Confidentiality

Each party may disclose confidential business information to the other ("Confidential Information"). The receiving party agrees to protect it using reasonable security measures, limit disclosure to those with a legitimate need, and return or destroy it upon termination.

Confidential Information excludes publicly available information, independently developed information, and information disclosed as required by law. Confidentiality obligations survive termination for three (3) years.

10. Termination

10.1 Termination by User

You may terminate your account at any time by providing written notice. Termination is effective at the end of your current billing period.

10.2 Termination by Company

Company may suspend or terminate your account immediately if you materially breach this Agreement (with 30 days to cure unless severe), engage in fraudulent or malicious activity, are delinquent on payment for more than 15 days, or violate the Acceptable Use Policy.

10.3 Effect of Termination

Upon termination: your right to use the Platform ceases, Company may delete your data after 30 days, you remain liable for any fees owed, and sections regarding IP, Liability, Indemnification, and Confidentiality survive.

10.4 Data Recovery

You have 30 days following termination to download or export your User Content. After this period, Company may delete all associated data.

11. Service Level and Availability

Company will use commercially reasonable efforts to maintain Platform availability. Company does not guarantee uninterrupted service and is not responsible for scheduled maintenance, force majeure events, third-party service outages, DDoS attacks, or issues arising from your internet connection or equipment.

Unless you have executed a separate Service Level Agreement (SLA), Company does not guarantee specific uptime percentages or response times.

12. Payment and Billing

Fees are specified in your subscription agreement, exclusive of applicable taxes. Payment must be made by the due date on the invoice. Late payments (15+ days) may result in interest charges, account suspension, or service termination.

Fees are generally non-refundable. Company may increase subscription fees upon 30 days' written notice, effective at the next billing cycle.

13. Modifications to the Platform

Company reserves the right to modify, add to, or discontinue any aspect of the Platform at any time. Material changes will be communicated with reasonable notice. Company will provide at least 90 days' notice before discontinuing core functionality.

14. Security and Compliance

Company implements industry-standard security measures including encryption in transit (TLS 1.2+), encryption at rest (AES-256), access controls, multi-factor authentication, audit logging, regular security assessments, DDoS protection, and rate limiting.

Company will notify you within 72 hours (where legally required) of a confirmed security breach resulting in unauthorized access to your data.

You may not conduct security testing or penetration testing of the Platform without prior written authorization.

15. Third-Party Services and Integrations

The Platform integrates with third-party services including Google Workspace, Telnyx, Deepgram, and others. These services are governed by their own terms. Company is not responsible for availability, performance, errors, or privacy practices of third-party services.

You are responsible for compliance with third-party terms and maintaining API credentials securely.

16. Export Compliance

The Platform and underlying technology are subject to U.S. export control laws. You agree not to use the Platform in violation of export controls or for prohibited end-uses or destinations.

17. Dispute Resolution and Governing Law

This Agreement is governed by the laws of the State of Florida. You agree to the exclusive jurisdiction of Florida courts. Before initiating legal proceedings, the parties agree to attempt good-faith negotiation (30-day period). The prevailing party in any legal proceeding is entitled to recover reasonable attorneys' fees.

For users outside the United States, you may bring claims in your local courts in addition to Florida courts.

18. Severability and Waiver

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary or severed. Remaining provisions continue in full force. No waiver is effective unless in writing. This Agreement constitutes the entire agreement between you and Company regarding the Platform.

19. Contact and Notices

Company:

Ansuken LLC
Florida, United States
Email: legal@vortex-cx.com

Support:

20. Final Provisions

For questions about these Terms of Service, please contact: legal@vortex-cx.com