Terms Of Service

Terms of Service

 

Welcome to Andi Virtual!  Please read these Terms of Use and our Privacy Policy (collectively the “Terms”) carefully, as they constitute a legal agreement between you and Andi Virtual. .
Andi Virtual hereby agrees to provide various virtual receptionist services to The Customer pursuant to the Terms of Service set forth herein.

Acceptance of the Terms
The Terms are entered into by and between you (referred to herein as “you” and/or, if you have subscribed to Andi Virtual, as “The Customer”) and Andi Virtual (“Andi Virtual,” “we,” “our,” or “us”), and they govern your access to and use of the Andi Virtual website and/or Andi Virtual software (collectively the “Platform”) and Andi Virtual Services (collectively, the “Services”), as defined below, whether as a guest or as The Customer.
Please read the Terms carefully before you start to use the Platform or Services. By visiting the Platform or using our Services, you confirm your agreement to be bound by these Terms. ACCEPTANCE OF THESE TERMS IS REQUIRED FOR USE OF THE ANDI VIRTUAL PLATFORM AND ANDI VIRTUAL SERVICES, AND ANY USE OF ANDI VIRTUAL SERVICES SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you over the phone or chat or in any agreement, electronic form, or the user interface for any Service we offer, or by visiting the Site or using another Service. If you do not agree to these Terms, you may not access or use the Platform or Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Platform or Services.
If you are accessing, using, or purchasing any of the Services or Platform on behalf of a third party (e.g., a legal entity or organization, such as your employer, customer/client, or professional association) you represent, agree, and warrant that you have the authority to act on behalf of the third party,  and to bind that third party, and you accept these Terms on your behalf and on behalf of that third party. You must be of legal age and capacity to form a binding contract to accept the Terms.  In that case, “you” and “your” refer to both you and that third party.
To use and access the Services or Platform, you must be at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform and Services. You must also have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also represent that any information you submit to us, or the Services or Platform is true, accurate, complete, and lawful. You may not use or access the Services or Platform if we have previously suspended or removed you from the Services or Platform, or if your registration or your use of the Services or Platform is not in compliance with any, and all applicable laws or these Terms. 
You may not use the Services or Platform if your use would cause us to violate any applicable laws or regulations.
These Terms contain a binding arbitration provision. You acknowledge and agree that you waive the right to a trial by jury, or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.   By agreeing to these Terms, you waive your right to participate in a class-action lawsuit or class-wide arbitration and your right to a jury trial.

General Service 
Andi Virtual provides virtual receptionist services to its customers, including receptionist telephone answering; caller greetings; inbound messages; voicemail services; text to mobile devices; filtering marketing, spam, or other unwanted calls; message notifications through text and/or email; appointment booking and confirmations, and caller feedback, outbound calls for customer engagement and/or sales; and other services that may be introduced from time to time. Collectively, the services described in this paragraph and all others provided by Andi Virtual now or in the future, whether through a web portal, SMS, email, mobile application, or other interface, are called the “Services”, “Receptionist Services”, or “Live Receptionist Services” in these Terms.
All Services are subject to, and limited by, Andi Virtual Reasonable Use Policy (available on our website).
Andi Virtual offers Service Plans and rates on a month-to-month subscription basis, the details of which can be found at: www.andivirtual.com
We offer four (4) Receptionist Service plans of virtual receptionist services: 150 minutes, 250 minutes, 500 minutes, and 1000 minutes. These are monthly plans, and no contracts are required. We do not offer annual plans. We reserve the right to modify these plans at any time and/or to customize a specific plan for you, should you need one. 
You may at any time elect to change your Service Plan by contacting Andi Virtual at support@andivirtual.com, or by electing to change it directly on your account. Changes will take effect on the next monthly payment date. Overage charges will apply, if any, until the new Service Plan takes effect.
    If you utilize Andi Virtual outbound calling, you must comply with and are responsible for complying with all applicable laws, rules, and regulations, including without limitation the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. 310 et. seq.), and all other marketing, telemarketing, and telecommunication rules issued by the Federal Communications Commission and/or the Federal Trade Commission. Outbound calling services must comply with Andi Virtual Restricted Engagement Policy (available on our website) and must not be used for cold calling, spam, fraud, or third-party sales. The Customer must immediately notify Andi Virtual of any violation of these rules. Andi Virtual is not responsible for the content of any outbound call, and The Customer agrees to indemnify, defend, and hold harmless Andi Virtual against any third-party claim, demand, lawsuit, regulatory action, or other liability brought against Andi Virtual arising from or relating to Customer’s outbound calling. Andi Virtual reserves the right to block, restrict or terminate services at any time, with or without notice.

Receptionist Fees and Pricing Plans
We charge Customers two types of fees for Receptionist Services. First, we charge a fixed fee based on the package of “Receptionist Service Pricing Plans” you purchase or subscribe to. Second, we charge a variable overage fee if your usage exceeds the base usage units included with your subscription.
Call minutes. At Andi Virtual, we take pride in offering a fair and transparent billing method to our valued clients. Our billing is based on the industry-standard practice of “Call Minutes,” which are calculated and billed in 30-second increments. This method ensures that you are billed only for the time our receptionists spend handling your calls, providing you with cost-effective and precise billing.. All calls are rounded up to the nearest 30-second mark. For example, if a call is 10 seconds long, it will be rounded up to the nearest 30-second mark and billed as 30 seconds (or half a Call Minute), but if it lasts 40 seconds, it will be billed as 60 seconds (or one Call Minute).
Additionally, we factor in the “After-Call Work Time,” which includes the time our receptionists spend typing call notes and sending them to you. This total handle time is used to determine the billable minutes. We believe that this approach is fair, as it accurately reflects the time and effort dedicated to each call.
We understand the importance of clear and fair billing for our clients and are committed to providing a service that meets these standards. If you have any questions or require further clarification about our billing method, please refer to our FAQ section or contact our support team.
For inbound calls, Call Minutes are calculated starting from the time the Receptionist receives the call and ending when the call is transferred through to someone, or voicemail, or otherwise disconnected because the call is over. We include hold time and exclude talk time once a call is transferred to you or your voicemail box. For outbound calls, Call Minutes are calculated by counting the time our Outbound Call receptionist is on the call, as well as the time they spend sending a follow-up email to notify you of the outcome of the call. Each Customer is responsible for monitoring Call Minutes usage on its account. All Receptionist Service Plans incur a one-time setup fee of $95.00 (“Live Receptionist Setup Fee”) which will be charged to your first paid billing cycle. If you have signed up for a free trial (if available at the time), the Live Receptionist Setup Fee will only be charged after the expiration of your free trial (if available at the time), and if you continue with a paid subscription. The Live Receptionist Setup Fee only applies to the setup of the Live Receptionist Services and cannot be combined or credited against any other setup fees (e.g., for Live Chat if available). We offer paid subscriptions for the Live Receptionist Services under the following pricing plans (“Receptionist Pricing Plans”):
Starter: $279
-Up to 50 Call Minutes, $5.60 per minute over 50 minutes
Basic: $389
   -Up to 100 Call Minutes, $3.90 per minute over 100 minutes
Andi Pro: $659
   -Up to 200 Call Minutes, $3.30 per minute over 200 minutes
500 Pro: $1539
   - Up to 500 Call Minutes, $3.10 per minute over 500 minutes

Receptionist Custom Pricing Plans
If you are on a standard Live Receptionist Pricing Plan and, during any billing period, you exceed 1,000 Receptionist Minutes, we may automatically upgrade you to a custom subscription plan (“Custom Pricing Plan”) which will include the number of Receptionist Minutes equal to seventy-five percent (75%) of your monthly estimated Receptionist Minutes usage, charged at a rate of $2.40 per Receptionist Minute.
The monthly estimated Receptionist Minutes will be calculated as the sum of:
•    Estimated Weekday Usage, which will be calculated by taking the last 3 full weekdays (non-holiday days) of Receptionist Minute usage, dividing that number by three (3) to get a daily average, and multiplying by 20 to get a monthly average.; and
For purposes of calculating the number of Receptionist Minutes included in your Custom Pricing Plan, we multiply the sum of Estimated Weekday Usage and Estimated Weekend Usage (if applicable) by .75 to get 75% of your monthly estimated Receptionist Minutes usage.
For example, a client with only weekday usage which used 100 Receptionist Minutes, 150 Receptionist Minutes, and 125 Receptionist Minutes in the last 3 weekdays would be upgraded to a Custom Pricing Plan which has Estimated Weekday Usage = [(100 + 150 + 125) / 3] x 20 = 2,500 Receptionist Minutes. The custom package would include 75% of the 2,500 Receptionist Minutes of Estimated Weekday Usage, which is equal to 1,875 Receptionist Minutes. The Custom Pricing Plan would be billed at $4,500.00 per month = 1,875 Receptionist Minutes x $2.40. Any additional Receptionist Minutes that the client uses in excess of 1,875 Receptionist Minutes (“Overage Receptionist Minutes”) would be billed at $2.40 per minute.

Billing and Payment
If you sign up as The Customer, you agree to use the Services or Platform only as permitted by these Terms and to pay the fees associated with the Services or Platform to which you subscribe month to month and any changes you make to your selections from time to time, as well as any and all applicable sales and use taxes for the purchase of your subscription based on the address that you provide when you register as a Customer. All fees are quoted in United States dollars. 
Your subscription starts on the day you sign up, even if some Services are not immediately available. You will be billed for each calendar day of your subscription including a full calendar day on the day you sign up. 
The day of the month that you first start paying for any Andi Virtual Service will become your “Billing Date.” Every month on the Billing Date, we will charge your payment method (i.e., your credit, debit card, or checking account) for the next month’s Monthly Subscription Fees and any applicable one-time fees (e.g., the Setup Fee(s)). At the end of each subscription month, we will also calculate and bill you for any Overage Call Minutes.
For example: 
On October 15, a client begins paying for Live Receptionist Services for the Basic-100-minute Pricing Plan ($389 per month). Because the client began paying for Live Receptionist Services on the 15th day of the month, the client’s Billing Date will be the 15th of every month thereafter. That is, on the 15th of the month, the client will be billed for the full Live Receptionist Subscription Fees of $389 for 100 minutes (plus the one-time $95 Live Receptionist Setup Fee, if the client is a first-time customer).

Payment Terms
If you need to change your Billing Date, please contact us.
You acknowledge that your and Andi Virtual obligations begin anew with each renewal and that Andi Virtual owes you no obligations beyond each successive 30-day contract period.
Andi Virtual reserves the right to terminate your subscription immediately and stop providing the Services or Platform to you at any time if timely payment is not made. If an automatic payment cannot be made, Andi Virtual will request another payment method. If payment is not made within ten (10) business days, Andi Virtual will terminate your account. Andi Virtual reserves the right to collect any and all amounts then due, plus any Late Charges accrued.
You agree that we may charge your credit or debit card, withdraw amounts from your designated account at your depository institution, or charge any other payment method that you have on file with the fees due hereunder, any sales and use taxes, and any late fees or interest (as described below). If you arrange to make payments by check and you do not pay your invoice within ten (10) days from the invoice date, we will charge your credit or debit card or withdraw from your designated account using your depository institution information on file for the outstanding balance past due. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others.
You must, at all times, maintain a valid payment method on file with Andi Virtual. You hereby authorize Andi Virtual to debit your payment method to satisfy any and all amounts due to Andi Virtual.
In the event that you exceed the number of Call Minutes during a calendar month of the Services, you will be charged overage charges as described above. Overage charges will be charged on the last business day of each month or, if your Service Plan is terminated, are required to be paid within 10 days of the termination date of your Service Plan. You authorize Andi Virtual to charge the payment method on file for any overage charges incurred.
The Customer may change the Service Plan at any time by notifying Andi Virtual at support@andivirtual.com. The Plan change must be made at least one week prior the end of the current subscription cycle. If The Customer changes the Service Plan within one week of the end of the cycle, the current Service Plan will continue the following month and change at the next subscription cycle. For example, if the Service Plan subscription is set to renew on a Friday, change the Service Plan by the previous Friday to prevent an additional month at the current plan.
Any resulting additional fees are due at the time of upgrade. If you contact us to cancel during a free trial or an introductory period, your cancellation is effective immediately. Otherwise, your cancellation is effective at the end of the then-current monthly billing period, pending that you have submitted the required notice as indicated in the “Terms”. If you cancel your subscription or otherwise terminate your agreement with us, we will retain any fees you paid to us under these Terms unless otherwise set forth herein. 

Late Payment
All payments must be received by Andi Virtual no later than 10 days after the applicable Billing Date. All payments are non-refundable.
Any payments not received within ten (10) days of the Subscription Date, and every month thereafter, are subject to a monthly Late Charge of $10 or 10% of the amount then due (whichever is greater), subject to any restrictions imposed by local law. In the event Andi Virtual does not receive full payment within ten (10) days after the Subscription Date, The Customer will be considered in material default of this Agreement (“Material Default”). After such Material Default, Andi Virtual will have the right to immediately terminate the Services and shall maintain the right to collect any and all amounts then due.  The Customer shall pay all legal fees and collection costs incurred by Andi Virtual, and The Customer shall pay all late fees that may accrue thereafter.

Subscription Term and Automatic Renewal
All Subscription Services (including Live Receptionist Pricing Plans and Custom Pricing Plans (if offered) are month-to-month and automatically renew monthly. If you do not want your Subscription Services to renew at the end of the current subscription term, you must contact us at least 30 days before your subscription is set to renew and notify us of cancellation.

Returned Checks
A $100 processing fee will be charged for each check (and/or electronic check, “e-check”) submitted by you that is returned by the financial institution for any reason, including insufficient funds and closed accounts. This returned check fee shall be due and payable by credit card without demand therefore and must be tendered together with the outstanding balance due and all Late Charges. If a check (and/or electronic check, “e-check”) is returned, Andi Virtual reserves the right to require that all future payments by you be tendered by credit card.
Cancellation or Termination of the Services
During the first 30 days of a paid Subscription Service, you can cancel your paid subscription at any time by notifying Andi Virtual at support@andivirtual.com. After the first 30 days of your paid Subscription Service, you must provide us with at least 30 days’ advance notice of your request to cancel the Subscription Service. Services will continue until the end of the current subscription month. Andi Virtual does not provide a refund for early cancellation of Services for any reason. 
Your cancellation will be effective at the end of the billing cycle during which the 30-day notice period expires. We do not prorate subscription fees, and you will remain responsible for paying for all Subscription Services that you receive prior to the effective date of termination. For the avoidance of doubt, this means that if you used any Overage Minutes or incurred any additional fees during the last month of your Subscription Services for which you did yet pay, we may still bill you for those additional charges after termination.
Because of the nature of the Services, we enforce a strict no-refund policy. Once you make a payment for the Subscription Services, Andi Virtual has no obligation to provide you a refund for any reason. That said, we want you to be happy with our Services and Platform, so please don’t hesitate to reach out to us if you are dissatisfied with the Services. We will work with you to see if we can make it right.
If Andi Virtual has any reason whatsoever to believe that the Services or Platform are being used to contravene any law, the Services shall be immediately canceled. Any such cancellation shall be at the sole discretion of Andi Virtual and without refund or liability to The Customer.
If The Customer does not pay for the Services or Platform by the required due date, Andi Virtual may cancel or suspend the Services and/or access to the Platform immediately.
If The Customer violates these Terms in any manner, Andi Virtual may cancel or suspend the Services and/or access to the Platform and will provide notice to The Customer of the violation.
Andi Virtual reserves the right to cancel the Services and/or access to the Platform for any or no reason.
Upon cancellation or termination of the Services, Andi Virtual shall not be responsible or liable for the receipt or delivery of any messages intended for The Customer through the Services. 

Price Changes
Andi Virtual reserves the right to change our subscription plans and fees for the Services at any time, or any components thereof in any manner and at any time. We will notify you of any changes before they take effect, and any changes to prices or fees will become effective on your next billing cycle. You must cancel your Subscription Services (as previously indicated) before they renew if you disagree with any price or fee changes.

Account Credentials
To access some of the Services and Platform, you must create an account and password (“Account Credentials”). You cannot share, transfer, or assign your Account Credentials, and any attempted transfer or assignment is void. You are solely responsible for maintaining the accuracy, truthfulness, completeness, and confidentiality of, and you agree to accept responsibility for all activities that occur under your Account Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify us.
You may be liable for any losses we or others incur as a result of unauthorized use of your Account Credentials. We may, in our sole discretion, for any or no reason, and without penalty or notice, deny, suspend, or terminate your account, or discontinue providing access to all or any part of the Services or Platform. If we terminate your account or your right to use the Services or Platform, you agree that we will not be liable to you or any third party for any such termination. You may terminate these Terms at any time going forward by discontinuing the use of all parts of the Services.

Data Privacy
Our Privacy Policy explains how we collect, use, and disclose your personal information when you access and use the Services. You must agree to the Privacy Policy to use the Services and Platform.

Texting Consent 
By providing us with your wireless phone number, you consent to Andi Virtual sending you informational text messages related to the products, Services, or information you have requested from us. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

Marketing Communications 
We may send you marketing communications by email, mail, or other means in compliance with applicable law. As part of our policy to provide you with total privacy, we provide you the option of opting out from receiving marketing communications from Andi Virtual.
 
Call Recording 
If you participate in a phone call with a member of Andi Virtual’s team, we may record the call. We engage in call recording for quality monitoring and training to improve our Services and for other internal business purposes. You will be notified if your call is being recorded. By staying on the line after receiving the notification, you consent to the call recording. If you do not consent to call recording, you may end the call or ask not to be recorded.
Communications
Andi Virtual may use your contact information to communicate with you about your use of our Services and Platform. For example, we may send you service announcements or administrative communications by email, phone, text, mail, or other means. You understand that you receive these communications as part of your use of the Services. If you are The Customer, you will not be able to fully opt-out from receiving these service announcements and administrative messages. 

Service Access
Live Receptionist Services are available during normal business hours: 8 am-6 pm EST on weekdays, no service on weekends. Live Receptionist Services are unavailable during the following U.S. holidays: Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, Black Friday, Christmas Day, and New Year’s Day. Office and answering hours will be limited (8am-12pm EST) on the following days: Christmas Eve, and New Year’s Eve.
Andi Virtual will use commercially reasonable efforts to maintain the availability of the Services and Platform during your subscribed-to Service times. You agree and understand that there will be times when the Services and/or Platform will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other Customers or Callers; and causes beyond our reasonable control. Andi Virtual will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Services or Platform. Andi Virtual is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service or access to the Platform, whether or not the cause is mentioned in this paragraph, or any lack of Service or access to the Platform caused by your device or your internet or wireless service provider.

Updates
From time to time, we may, in our sole discretion, develop and provide updates to our Services and Platform, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 

Modification of the Terms
From time to time, and at any time, we may modify these Terms. If you continue to access and use the Services or Platform after such changes are effective, you acknowledge and agree to such modifications. We may revise and update these Terms at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform and Services thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes.

Receptionist Free Trial
By signing up to start a free trial of our Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. 
Andi Virtual offers first-time Live Receptionist customers the opportunity to sign up for a 7-day free trial solely to evaluate the Live Receptionist Services. You can initiate a free trial by calling us and completing the setup of your trial account. The 7-day free trial is limited to 150 Call Minutes. If you exceed 150 Call Minutes during your free trial, you may continue to use the Live Receptionist Services on a paid-subscription basis.
Please note that we will convert your Customer account from a free trial account to a subscription account at the end of the free trial period (7-day period) unless you cancel your subscription prior to the end of the free trial period. Free trials are only available to new Customers who have never previously signed up for any of our Services. A Customer that receives a free trial will not be eligible for this option in the future. 

Number Porting
When you sign up as The Customer, at your option, we will host your established telephone number or assign you a forwarding telephone number. Any telephone number assigned to you by Andi Virtual, shall remain the property of Andi Virtual. Any telephone number ported to Andi Virtual by you shall remain your property. 
Andi Virtual will allow you to port away from the telephone numbers, so long as you have an account in good standing and we were hosting your established telephone number, or for numbers assigned to you by Andi Virtual, you have been assigned the number more than thirty (30) days prior to the port-away date.
Andi Virtual reserves the right to release or reassign any telephone numbers not ported back within three months after termination of the applicable subscription.

Client Referral Promotion
If you are an existing or former customer, and you refer a new customer to us who becomes a paid Customer of our Live Receptionist Subscription Services, we may credit you with a referral fee equal to $100 (as an invoice credit) after the new client has made their first payment to us. For clarity, you cannot earn a referral credit if a new referred customer does not become a paid Customer after its free trial expires. We must be able to verify that you are the referral source, and we may deny the referral fee if we believe, at our sole discretion, that there has been abuse or fraud in connection with this promotional offer or the Services. We may discontinue this offer at any time, and we will have no obligation to make any referral payments to you after we have discontinued this offer. The Customer may not refer themselves, nor may they refer a new location, employee, or owned entity of the same business as a The Customer. 
We reserve the right to cancel the Referral Promotion without prior notice in its entirety or for a specific referring The Customer at any time for any reason.

Your Content
If you provide data, content, information, or materials (but excluding your Feedback) to us (“Your Content”), it is your responsibility to ensure that you have all necessary rights and licenses to share Your Content with us. You represent and warrant that Your Content is accurate, truthful, and lawful; does not violate applicable laws or infringe, violate, or misappropriate the rights of any third party; and that its use by Andi Virtual as necessary to deliver the Services to you does not infringe, violate, or misappropriate the rights of any third party. You grant Andi Virtual a worldwide, revocable, royalty-free, right and license to use, reproduce, distribute, modify, post, display, perform and transmit Your Content to provide the Services to you.

Term and Termination
You may terminate these Terms at any time by providing written notice to Andi Virtual and ceasing all use of the Services and/or Platform, except that, notwithstanding the foregoing, these Terms will remain in effect as long as you have an active subscription to our Receptionist Services. We may suspend, terminate, or deny you access to the Services or Platform for any reason or no reason, with or without notice to you. Upon termination of these Terms, all licenses granted herein will automatically terminate.
It is your sole responsibility to retain backup copies of any of Your Content that you upload, share, or provide to the Services. If we suspend or terminate your access to the Services or Platform, we have no obligation to provide you with any further access to Your Content, and we may delete or destroy your account information and/or Your Content immediately and without notice to you.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including without limitation, Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, and Miscellaneous.

Restrictions on the Services
Real people are vital to our business. We provide our customers with the best receptionists we can hire-empathic, friendly, congenial, thoughtful, attentive, and detail-oriented among other qualities, to support businesses ranging from immigration law through clean-up services. Andi Virtual does not impose any kind of value judgment on our clients or their business activities. In keeping with this, Andi Virtual cannot serve businesses that:
•    -Break laws.
•    Transmit or cause to transmit any material that is derogatory, racist, abusive, threatening, obscene, hateful, or in any other way objectionable to others or illegal.
•    Use the Services or Platform to “spam” or cause mischief to others.
•    Use the Services or Platform in any way that causes, or may cause, damage to or impairment of the availability or accessibility of the Services or Platform, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity as indicated under the Restricted Engagement Policy (available on our website).
•    Use our Services or Platform to inflict any kind of harm (physical, emotional, or otherwise) to person(s) or property, including bullying or harassment.
•    Engage in any type of illegal, fraudulent, or counterfeit activity, sales, or services, including production or distribution of illegal substances, as determined by the laws that apply to them. 
•    Deal in the production and/or distribution of pornographic or sexually explicit material.
•    Disseminate discriminatory, hateful, or violent content, products, or services.
•    Deal in content that would expose receptionists to any type of violence, including verbal assaults.

Andi Virtual supports businesses across a wide spectrum of industries and services. Our goal is to serve as a high-quality interface between our clients and their customers, making the customer experience better and saving businesses time and money.
Andi Virtual Customers are prohibited from using our Services or Platform for any of the activities listed above, and Andi Virtual reserves the right to prohibit any activity, whether or not listed above, that we believe, in our sole discretion, violates the law or endangers the health or safety of our receptionists.

Andi Virtual also reserves the right not to engage with any business regardless of whether they meet the criteria as defined above. We continue to help businesses thrive when we can. If you’re unsure if we can help your business — please ask.
The Customer is prohibited from any of the following when using the Services or Platform:
•    Reproducing, distributing, modifying, creating derivative works of, republishing, downloading, storing, or transmitting any of the material on the Platform, except as it is created and owned by The Customer;
•    Using any device, software, or routine that interferes with the proper working of the Platform or Services;
•    Attempting to aggregate, solicit, or otherwise recruit Andi Virtual employees or contractors away from Andi Virtual;
•    Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or
•    Otherwise attempt to interfere with the proper working of the Platform or Services.

Acceptable Use Policy
You may not engage in any of the following when using the Services or Platform:
•    Reproducing, duplicating, copying, selling, reselling, publishing, uploading, posting, transmitting, distributing, or otherwise exploiting for any purpose, any portion of, the functionality of, or access to the Services or Platform;
•    Selling or renting any part of the Services Materials, any derivative works based in whole or in part on the Services Materials, or any collective work that includes any part of the Services Materials;
•    Using the Services or Platform in violation of any and all applicable laws, rules, and regulations, or in connection with pornographic, offensive, or obscene subject matter;
•    Reverse engineering, modifying, altering (including by removing or disabling any security or technological safeguards, disclaimers, or legends), any portion of, the functionality of, or access to the Services or Platform;
•    Deleting or modifying our Trademarks or the copyright or other proprietary rights notices on the Services or Platform;
•    Removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the Services or Platform, features that prevent or restrict the use or copying of any Services Materials, or features that enforce limitations on the use of the Services, Platform and Services Materials; or
•    Intentionally interfering with or damaging the operation of the Services or Platform or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Any violation of these Terms may result in the immediate termination of your account, use, or access to the Services and Platform.

Confidentiality
Andi Virtual will use reasonable care to maintain the confidentiality of your confidential information provided to us in the course of providing the Services and access to the Platform. Andi Virtual will not disclose or use such confidential information, except as authorized by you or otherwise compelled by law. Your confidential information shall not include any information in the public domain through no fault of Andi Virtual, or information received from a third party having the right to transfer such information.

Data Security
Andi Virtual must at all times implement appropriate technical and organizational measures designed to safeguard Client Data against unauthorized or unlawful processing, access, copying, modification, storage, reproduction, display, or distribution, and against accidental loss, destruction, or damage. Andi Virtual will promptly notify the Client if any Client Data is lost or destroyed or becomes damaged, corrupted, or unusable. Immediately following any unauthorized or unlawful Client Data processing or security breach, the parties will coordinate with each other to investigate the matter. Andi Virtual will reasonably cooperate with the Client in notifying affected data subjects and regulatory authorities; and making available all relevant records, logs, files, data reporting, and other materials required to comply with all Applicable Data Protection Laws or as otherwise reasonably required by the Client.

Data Transfers
Client agrees that we may access and process Client Data on a global basis as necessary to provide the Subscription Services to Client in accordance with the Terms, and in particular that Client Data will be transferred to and processed by Andi Virtual in the United States and to other jurisdictions where Andi Virtual and its subcontractors operate.

Intellectual Property
All content and functionality of the Services and Platform, visual interfaces, text, graphics, logos, design, information, icons, images, services, content, videos, downloadable, or supplementary materials, and all other elements of the Services and Platform, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to, or selection, arrangement, or derivative works thereof (the “Services Materials”) is the property of Andi Virtual or its licensors and, to the extent applicable, is protected by U.S. and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.

Your Feedback
If you provide suggestions, feedback, and comments (collectively, “Feedback”) to us regarding your experience with the Services or Platform, you grant Andi Virtual the right to use your Feedback for any purpose without restriction or payment to you, or any obligation of confidentiality. Further, you represent and warrant that you own the rights to your Feedback and have the right and authority to post, display, distribute, perform, and transmit your Feedback.

Changes to the Services
We reserve the right to modify, update, suspend, terminate, or change the Services and/or Platform and any functions or features of the Services or Platform at any time, in our sole discretion, including any prices or fees for the Services. We will not be liable to you for any losses, costs, expenses, or damages in connection with your use of, or inability to use, the Services, Platform,or any features or functions of the Services or Platform resulting from any such changes.

Third-Party Websites
The Services or Platform may include links or references to third-party websites or services (“Third-Party Sites”) solely as a convenience to you. We do not endorse or take any responsibility for Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. Your access to and use of Third-Party Sites, including the information, materials, products, or services on or available through those Third-Party Sites, is solely at your own risk and may be governed by different terms of use and privacy policies.
Arbitration Agreement 
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Andi Virtual on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Andi Virtual, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Andi Virtual by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against Andi Virtual. 
Agreement to Binding Arbitration Between You and Andi Virtual.
You agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Platform or Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Platform or Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with Andi Virtual, will be settled by binding arbitration between you and Andi Virtual, and not in a court of law. This Agreement survives after your relationship with Andi Virtual ends.
You acknowledge and agree that you are waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement. 
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and Andi Virtual agree that the arbitrator will decide that issue.
Notwithstanding other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you agree to notify Andi Virtual in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to Andi Virtual must be sent to Andi Virtual LLC, Attn: Legal Department, 10773 NW 58TH ST #49, DORAL, FL 33178. You shall not initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.
Initiating Arbitration. In order to initiate arbitration, you must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against Andi Virtual must send the written Demand for Arbitration to Andi Virtual LLC, Attn: Legal Department, 10773 NW 58TH ST #49, DORAL, FL 33178, or serve the Demand on Andi Virtual’s registered agent for service of process, c/o Andi Virtual, LLC. (the name and current contact information for the registered agent in each state are available online). The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA's National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If Andi Virtual LLC prevails in arbitration, we may seek an award of attorneys' fees and expenses to the extent permitted under applicable law. 
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Indemnification
You agree, to the maximum extent permitted by your jurisdiction’s laws, to indemnify, defend, and hold harmless Andi Virtual and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party suppliers, licensors, and partners (“Andi Virtual Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand relating to or arising out of (i) your access to, use or misuse of the Services or Platform; (ii) your breach or alleged breach of these Terms, or any violation of the Terms, including any breach of the representations, warranties, and covenants made herein; or (iii) your failure to comply with applicable laws, including without limitation the infringement of any intellectual property, privacy, or other rights of any person or entity by you or any third-party using your Account Credentials. Andi Virtual reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.

Disclaimer
The Services and Platform, and all content and functionality provided by  the Services and Platform are provided “AS IS,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Andi Virtual makes no warranties, express or implied, as to the ownership, accuracy, or adequacy of the Services or Platofrm, that the Services or Platform will meet your requirements or expectations or be to your liking, or that information offered on or through the Services or Platform will be correct, timely, reliable, uninterrupted, or free of errors, viruses or other harmful components. Andi Virtual will have no liability or responsibility for any information published on third-party sites or provided by third parties. Andi Virtual will not be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability. The above exclusions apply to the fullest extent permitted by applicable laws.
No advice or information, whether oral or written, obtained by you from us through our Services or Platform will create any warranty, representation, or guarantee not expressly stated in this agreement.

Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL ANDI VIRTUAL BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM OR LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, RESULTING FROM THE SERVICES OR PLATFORM, ANY USE OF THE APPLICATION, OR ANYTHING PERTAINING TO THE TERMS, INCLUDING WITHOUT LIMITATION ANY LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SUCH PARTY HAS EXPRESSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF THE CUSTOMER’S CLAIMS AGAINST ANDI VIRTUAL UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF OR RELATED TO SERVICES, PLATFORM,OR APPLICATION EXCEED THE AMOUNTS ACTUALLY PAID BY THE CUSTOMER TO ANDI VIRTUAL DURING THE 12 MONTHS PRIOR TO THE DATE A CLAIM IS MADE.
Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to the choice or conflict of law principles of any jurisdiction. This Choice of Law provision applies only to the interpretation of these Terms and is not intended to create any other substantive right to non-Floridians to assert claims under Florida law or bring claims in Florida courts whether that be by statute, common law, or otherwise. These provisions, are only intended to specify the use of Florida law to interpret these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida.
Choice of Forum
Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of Florida, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above. 
General
You may not assign these Terms without Andi Virtual’s prior written approval. Andi Virtual may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Andi Virtual’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Andi Virtual or any Third Party Provider as a result of this Agreement or use of the Services or Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Andi Virtual’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Andi Virtual in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

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If you have questions about these Terms or our Services, please contact us.
Last updated:  04/19/2024