VisitorReach™

Terms of Service

1. Introduction

Welcome to Visitor Reach (“Company”). These Term of Service (“Agreement”) govern your use of our digital tools, products, and services (“Services”). By accessing and/or using our Services, you (“Client”) agree to comply with, and be bound by, this Agreement.

2. Definitions

2.1 “Account” means the account created by Client to access and use Company Services.

2.2 “Client” means any individual or entity subscribing to and/or using Company Services.

2.3 “Client Content” means any data, information, or material provided or submitted by the Client to the Company.

2.4 “Personal Data” means any information relating to an identified or identifiable natural person.

2.5 “Services” means the digital tools and services provided by Company to Client, including, but not limited to, Ad Service, aiChurch TechTM, Digital Health Assessment, NurturePointTM Journeys, Omnichannel Marketing, Quick Replies, software applications and platforms, and VisitorTAPTM.

2.6 “Third-Party Services” means any third-party websites, services, or platforms that may integrate or be used in conjunction with Company Services.

2.7 “User” means any individual authorized by the Client to use Company Services.

3. Services Provided

3.1 Company agrees to provide the Services as described on Company website or in separate documentation provided to Client. These Services may include, but are not limited to, AI powered conversational assistance, analytics, software applications, data management and storage, digital and search engine optimization services, digital tools, managed advertising services, ongoing coaching and assessment, and other related functionalities.

3.2  Company reserves the right to amend, upgrade, enhance, maintain, tune, backup, add to or remove, or otherwise alter Services at Company’s sole and absolute discretion.

3.3 Service features vary depending on the Services selected by Client. Client acknowledges and agrees that it is their responsibility to review Company communications and Company website for information regarding available Service features, modifications, and enhancements.

4. License Grant

Subject to the terms of this Agreement, the Company grants the Client a non-exclusive, non-transferable, limited license to access and use the Services for internal Client purposes only.

5. Client Responsibilities

5.1 Client agrees to create an Account and provide accurate, current, and complete information during the registration process.

5.1.1 Client is responsible for the confidentiality of their Account and login credentials, including password.

5.1.2 Client is responsible for updating and maintaining Client information in the Services, which enables accurate and effective usage of the Services.

5.1.3 Client agrees to not share Account with any other individual or organization not authorized by this Agreement. 

5.1.4 Client agrees to immediately notify Company of any unauthorized use of Account.

5.1.5 Company reserves the right to suspend or terminate Client Account for providing 

inaccurate, not current, or incomplete information, or for any unauthorized use of the Services provided to Client.

5.2 Compliance with Laws: Client agrees to use the Services in compliance with all applicable laws and regulations, including, but not limited to, data protection and privacy laws, and laws governing electronic communications.

5.2.1 Client is responsible for ensuring User compliance with all applicable laws and regulations.

5.3 Content: Client is solely responsible for the content of messages sent through the Services. 

5.3.1 Client agrees not to use the Services to send any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. 

5.3.2 Client agrees to implement and/or monitor appropriate accountability measures to ensure that all interactions align with ethical and legal standards.

5.4 Data Accuracy: Client is responsible for the accuracy, quality, and proper use of the all data Client inputs and uses in the Services.

5.4.1 Client agrees to comply with data privacy regulations regarding Personal Data.

5.4.2 Client agrees to align their branding and values with the use of the Services.

5.5 Acceptable Use: Client agrees not to use the Services for any unlawful purpose, transmit any malicious code or engage in any activities that could harm the Company or the Services, or attempt to gain unauthorized access to any part of the Services.

6. Third-Party Services

6.1 The Services may integrate with or allow Client to connect to, third-party websites, services, or platforms. These Third-Party Services may include, but are not limited to, customer management software, social media platforms, and analytics tools.

6.2 Company does not control Third-Party Services and is not responsible for their availability, reliability, or any content, products, or services provided. Client use of any Third-Party Services is governed by the respective terms of service and privacy policies of such providers.

6.3 Client is responsible for reviewing, accepting, and complying with any terms or policies governing Third-Party Services. Company disclaims any and all liability and responsibility for any issues arising from Client use of Third-Party Services.

6.4 If Client chooses to integrate Third-Party Services with the Services, Client grants Company permission to access and use Client’s account on those services as required to provide Company integrated Services.

6.5 Company reserves the right to disable integration with any Third-Party Service at any time, with or without notice, for any reason, including but not limited to changes in the Third-Party Service that make the integration impractical or impossible.

7. Digital and Search Engine Optimization Services

7.1 Company may provide, as determined, certain digital marketing and search engine optimization (SEO) services for Client’s online presence (“SEO Services”).  

7.2 Client Responsibilities:

7.2.1 Client acknowledges that search engine algorithms and search results are controlled by third-party search engines, not by Company.

  1. Client grants Company permission to make changes to Client website and online profiles as necessary and as mutually agreed upon.

7.2.3 Client is responsible for maintaining and updating any content Company creates or optimizes after it has been published or implemented.

7.3 Content Ownership: Upon specified payment for the Services, Client will own any unique content Company creates as part of SEO Services, subject to Company’s retention of a perpetual, non-exclusive license to use such content for Company’s marketing and portfolio purposes.

7.4 Ethical Practices: Company commits to using only ethical, “white hat” SEO techniques. Client agrees not to request any unethical or “black hat” SEO practices that violate search engine guidelines.

7.5 Local SEO: For local SEO services, Client authorizes Company to create, verify, and manage online directory listings on Client’s behalf. Client is responsible for maintaining the accuracy of this information after the Services conclude.

7.7 Termination of SEO Services: Upon termination of SEO Services, Company does not provide a report of all changes and optimizations made. Client is responsible for maintaining changes going forward.

7.8 Company does not guarantee any specific ranking, level of traffic, or other specific result from SEO Services.

8. Managed Advertising Service

8.1 Service Description: As part of the Services, Company offers a managed advertising service (“Ad Service”) where Company creates, places, and manages targeted advertisements on behalf of Client.

8.2 Advertisement Creation:

8.2.1 Company will develop advertisement using Client-provided organization, activities, and goal information, and will manage strategy and placement of all advertisement. Personalized advertisements may be available for certain Services selected.

8.2.2 Depending upon the type of Services selected by Client, and subject to any additional fees that may be required, additional advertisement volumes and special advertisement campaigns may be available for ad hoc events.

8.2.3 Client grants Company worldwide, non-exclusive license to use Client information for the purpose of promoting Services to other clients.

8.2.3 Client agrees to review and approve advertisements in a timely manner.

8.2.4 Company retains creative control of the advertisements created and has the right to 

modify advertisement based on performance metrics. Any additional changes requested by Client may be subject to a fee.

8.2.5 Company will provide Client with regular analytic reports on engagement results.

8.2.6 Client acknowledges that advertising performance results depends upon various factors, including audience engagement. Company does not guarantee any specific additional advertising success.

8.3 Data Collection and Use:

8.3.1 Company collects and processes Personal Data received through Ad Service, including, but not limited to, browsing behavior, demographic information, and advertisement interaction.

8.3.2 Client agrees to provide clear and accessible privacy notices to individuals, explaining how their data is collected and used for communication purposes.

8.3.3 Client agrees to obtain all necessary promotional consents from and for individuals included in advertisement.

8.3.4 Client agrees to authorize Company to use Personal Data to create and manage targeted advertisement campaigns on behalf of Client.

8.3.5. All Personal Data collection and use is subject to Company’s privacy policy and applicable data protection laws.

9. Payment Terms

9.1 Client agrees to pay all specified fees associated with the Services selected. Payment terms, including frequency and method, are specified during the registration process.

9.1.1 The initial payment will be processed on the earlier of (i) the date on which app training is completed, and advertising services are launched, or (ii) forty-five (45) days following the Client’s kick-off meeting.

9.1.2 Certain payment methods may be subject to an additional surcharge.

9.1.2 Fee payments are non-refundable except as required by law.

9.1.2 Company reserves the right to suspend or terminate Client access to the Services for late or non-payment.

9.2 Company reserves the right to change Services fees upon notice. Client’s continued use of the Services after notification of a fee change constitutes Client agreement to pay the changed fee.

10. Term and Termination

10.1 This Agreement shall remain in effect until terminated by either party in accordance with this Clause.

10.2 Client Cancellation:

10.2.1 Client may cancel Services with a 30-day written notice at the end of the Service’s specified and selected duration cycle, and subject to the terms outlined in this Clause. 

10.2.2 Notice of Cancellation: Client may submit written notice to Company via email (support@visitorreachcom) or via regular mail to:

Visitor Reach, LLC

P.O. Box 90158

Austin, TX 78709

10.2.3 Effective Date of Cancellation: Upon receipt of a valid cancellation request, the Services will remain active for 30 days following the next billing date, at which time the Services will be cancelled. 

10.2.4 Final Billing and Access: Client acknowledges that all payments due through the final 30-day period remain payable, and Client access to the Services will continue until the Services are cancelled.

10.2.5 Modification of Terms: Company reserves the right to modify this cancellation policy at its sole discretion, with reasonable notice provided to Client.

10.2.7 Outstanding Obligations: Upon notice of cancellation, Client remains responsible for managing their account until it has been closed.

10.2.8 Account Data: All generated Personal Data will be sent to Client via .csv file within 30 days of the cancellation date.

10.2.9 Reactivation: Should Client desire to reactivate the Services after cancellation, they may do so by contacting Company. Client may be subject to a reactivation fee.

10.3 Company reserves the right to immediately suspend or terminate Client access to the Services, without prior notice or liability, if Client breaches any material term of this Agreement.

10.4 Upon termination, whether by Client or Company, Client’s right to use the Services will immediately cease. All provisions of this Agreement, which by their nature survive termination, shall continue to remain in effect.

11. Data Protection and Privacy

11.1 Company will process Personal Data in accordance with its privacy policy.

11.1.1 Client consents to such processing and warrants that it has obtained all necessary consents from individuals to the processing of their Personal Data by Company.

11.2 Company will implement appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and accidental loss, destruction, or damage.

12. Warrants and Disclaimers

Company warrants that it will provide the Services with reasonable care and skill. However, the Services are provided “as is” and “as available”, and Company disclaims all other warranties, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose.

13. Intellectual Property Rights

13.1 All intellectual property rights, title, and interest in the Services, including technical platforms, software applications, logos, and other proprietary content, are owned by Company and protected by copyright, trademark, and other laws.

13.2 Company grants Client a limited, non-exclusive, non-transferable license to use the Services solely for Client internal and external communication purposes.

13.3 Client retains all rights to content provided to Company for the Services. 

13.4 Client grants Company a worldwide, non-exclusive license to use, store, and process content solely for the purpose of providing and improving the Services.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  1. Client use or inability to use the Services;
  2. Any unauthorized access to or use of Company’s systems and/or any Personal Data stored therein;
  3. Any interruption or cessation of transmission to or from Services;
  4. Any bugs, viruses, trojan horses, or other such corruption that may be transmitted to or through the Services.
  5. Any changes to search engine algorithms or Third-Party Services policies.
  6. Any resulting changes in Client’s website search rankings or performance. 

14.2 In no event will the Company’s aggregate liability exceed the total fees paid by Client to Company in the 12 months preceding the event giving rise to the claim.

15. Indemnification

Client agrees to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Client’s use of the Services or Client’s violation of this Agreement.

16. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information received from the other party during the term of this Agreement. This obligation survives the termination of this Agreement.

17. Modifications to the Agreement

Company reserves the right to modify this Agreement at any time. Client will be notified of any material changes, and continued use of the Services after such notification constitutes acceptance of the modified terms of the Agreement.

18. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from this Agreement shall be resolved exclusively in the state or federal courts located in Travis County, Texas.

19. Digital Millenium Copyright Act (“DMCA”) Policy

19.1 Reporting Claims of Copyright Infringement: Company takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement. If Client believes any materials accessible on or from the Services infringe Client copyright, Client may request removal of, or access to, those materials from the Services by submitting written notification to Company copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Client physical or electronic signature.
  2. Identification of the copyrighted work Client believes to have been infringed or, if the claim involves multiple works in the Services, a representative list of such works.
  3. Identification of the material Client believes to be infringing in a sufficiently precise manner to allow Company to locate that material.
  4. Adequate information by which Company can contact Client (including name, postal address, telephone number, and, if available, email address).
  5. A statement that Client has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that Client is authorized to act on behalf of the copyright owner.

19.1.1 Company designated copyright agent to receive DMCA Notices is:

Visitor Reach, LLC

P.O. Box 90158

Austin, TX 78709

Attention: Copyright Agent

19.1.2 If Client fails to comply with all the requirements of Section 512(c)(3) of the DMCA, Client DMCA Notice may not be effective.

19.1.3 If Client knowingly and/or materially misrepresents that material or activity in the Services is infringing Client copyright, Client may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

19.2 Counter-Notification Procedures: If Client believes that material posted in the Services was removed or access to it was disabled by mistake or misidentification, Client may file a counter-notification (“Counter-Notice”) with Company by submitting written notification to Company copyright agent designated in Clause 19.1. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  1. Client physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Adequate information by which Company can contact Client (including name, postal address, telephone number, and, if available, email address).
  4. A statement under penalty of perjury by Client that Client has a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  5. A statement that Client will consent to the jurisdiction of the Federal District Court for the judicial district in which Client address is located (or if Client resides outside the United States for any judicial district in which the Services may be found) and that Client will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

19.3 Repeat Infringers: It is Company policy, in appropriate circumstances, to disable and/or terminate the accounts of perpetrators who are repeat infringers.

20. Miscellaneous

20.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the Services.

20.2 Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

20.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect.

20.4 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in Austin, TX, in accordance with the rules of the Institute for Christian Conciliation.

20.4 Assignment: Client may not assign or transfer this Agreement, by operation of law or otherwise, without Company’s prior written consent. Company may assign this Agreement at any time without notice.

By using the Services, Client acknowledges that they read and understand this Agreement and agree to be bound by it.

VisitorTap™ Service Agreement

1. Introduction

Welcome to Visitor Reach (“we,” “us,” “our”). We provide visitor outreach services to Customers (“Services”). These Terms of Service (“Terms”) govern your access to, and use of, our comprehensive suite of digital tools and services, including but not limited to aiChurchTech™, NurturePoint™ Journeys, Omnichannel Marketing, VisitorTAP™, and Quick Replies. By using our Services, you agree to be bound by these Terms.

2. Definitions

2.1 “Account” means the account created by a Customer to access and use our Services.

2.2 “Ad Service” refers to our managed advertising service where we create, place, and manage targeted advertisements on behalf of our Customers.

2.3 “aiChurchTech™” refers to our proprietary AI platform designed to enhance Customer engagement through automated communication, personalized Visitor outreach, response generator and data-driven strategies.

2.4 “Customer” means any church or religious organization using our Services.

2.5 “Customer Content” means any data, information, or material provided or submitted by the Customer to the Services.

2.6 “Digital Health Assessment” refers to our comprehensive assessment of a Customer’s digital presence and engagement strategies.

2.7 “NurturePoint™ Journeys” means our feature is designed to guide and engage church visitors and church attenders through personalized digital experiences. 

2.8 “Omnichannel Marketing” refers to our integrated marketing solutions across multiple digital channels.

2.9 “Personal Data” means any information relating to an identified or identifiable natural person.

2.10 “Quick Replies” refers to our efficient communication tool for rapid response to visitor and church attender  inquiries.

2.11 “SEO Services” refers to the digital marketing and search engine optimization services we provide to enhance a Customer’s online presence. The scope of these services may vary based on the selected service plan and may evolve in response to technological advancements.

2.12 “Services” refers collectively to all products and services provided by Visitor Reach, including but not limited to those listed in Section 3 of these Terms.

2.13 “Third-Party Services” means any third-party websites, services, or platforms that may integrate with or be used in conjunction with our Services.

2.14 “Visitor” means any individual who has attended or shown interest in a Customer and whose information is processed through our Services.

2.15 “Visitor Reach,” “we,” “us,” or “our” refers to Visitor Reach, LLC, the provider of the Services.

2.16 “You” or “your” refers to the Customer using our Services.

2.17 “VisitorTAP™” refers to our innovative tool integrating NFC technology for seamless visitor engagement through cards or stickers.

2.18 “Unlimited Journeys” indicates the ability for Customers to create and manage limitless automated nurture journeys.

2.19 “Unlimited Groups” means the capability to organize Visitors into an unrestricted number of groups for targeted engagement.

3. Our Services

Our Services include:

3.1 Digital Health Assessment: A thorough evaluation of your digital footprint, assessing visibility, engagement strategies, and readiness for voice recognition searches.

3.2 Omnichannel Marketing: We offer integrated marketing solutions across multiple digital channels to enhance your outreach efforts through tailored digital strategies.

3.3 Mobile App Services: Our mobile app services include:

  1. NurturePoint™ Journeys: A feature designed to guide and engage church visitors through personalized digital experiences.
  2. Quick Replies: An efficient communication tool for rapid response to your Visitor inquiries.

3.4 Ongoing Coaching and Assessments: We provide continuous guidance and evaluation to help improve your digital outreach  and church communication strategies depending on size of plan. Lower-tier plans do not include ongoing coaching services; however, access to our Knowledge Base will be provided.

3.5 AI-Powered Texting Conversational Assistant: Our Services include an AI feature option that facilitates text messaging to your Visitors and Church Attenders.

3.5 Data Management: We offer tools for collecting, storing, and managing your Visitor information.

3.6 Analytics: We provide analytics and reporting on your Visitor engagement and outreach effectiveness.

3.7 We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter our Services at our sole and absolute discretion.

3.8 VisitorTap™ Technology: We provide tools to enhance visitor and church attender engagement through NFC-enabled cards or stickers, enabling easy connection and interaction.

3.9 Unlimited Journeys and Groups: Our platform now supports unlimited automated journeys and visitor grouping, available in select plans.

3.10 The features included in our services vary significantly depending on the selected plan. Additionally, features may change over time as new technology, product updates, and versions are introduced. The client acknowledges and agrees that it is their responsibility to review the official website for the most up-to-date information regarding available features, modifications, and enhancements.

4. Account Creation and Management

4.1 To use our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process.

4.2 You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4.3 You may not share your account with anyone else. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

5. Customer Responsibilities

5.1 Compliance with Laws: You agree to use our Services in compliance with all applicable laws and regulations, including but not limited to data protection and privacy laws, and laws governing electronic communications.

5.2 Content: You are solely responsible for the content of messages sent through our platform. You agree not to use our Services to send any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. Accordingly, the Church should implement appropriate accountability measures to ensure that all interactions align with ethical and legal standards.

5.3 Data Accuracy: You are responsible for the accuracy and quality of the data you input into our system.

5.4 AI Conversational Assistant Usage: You acknowledge that while we strive for accuracy, Our AI Conversation Assistant may not always interpret or respond to messages perfectly. You agree to monitor the AI’s communications and modify when necessary to ensure the appropriateness and accuracy of messages sent to Visitors and Church Attenders.

5.5 Responsible Use of VisitorTAP™: Customers are responsible for the proper use of VisitorTAP™ cards or stickers, ensuring they comply with data privacy regulations when collecting visitor information.

5.6 NurturePoint and Journey Customization: Customers must ensure all journey content aligns with their branding and values, avoiding offensive or misleading messaging.

6. Third-Party Integrations

6.1 Our Services may integrate with, or allow you to connect to, third-party websites, services, or platforms (“Third-Party Services”). These Third-Party Services may include, but are not limited to, Customer management software, social media platforms, and analytics tools.

6.2 We do not control Third-Party Services and are not responsible for their availability, reliability, or any content, products, or services they provide. Your use of any Third-Party Services is governed by the respective terms of service and privacy policies of those providers.

6.3 You are responsible for reviewing, accepting, and complying with any terms or policies governing Third-Party Services. We disclaim all liability and responsibility for any issues arising from your use of Third-Party Services.

6.4 If you choose to integrate Third-Party Services with our platform, you grant us permission to access and use your accounts on those services as required to provide our integrated Services.

6.5 We reserve the right to disable integrations with any Third-Party Service at any time, with or without notice, for any reason, including but not limited to changes in the Third-Party Service that make the integration impractical or impossible.

7. Digital and Search Engine Optimization Services

7.1 As part of our Services, we may provide digital marketing and search engine optimization (SEO) services for your online presence (“SEO Services”).  VisitorReach focuses on local SEO to help churches improve their online visibility. VisitorReach specializes in tools like Voice Search Optimization, Google Maps visibility, and Local Listings Management to ensure your church is easy to find where local searches happen. We do not offer an extended set of SEO services like website speed and optimization, keyword searches, and on-page website SEO.

7.1.2 Traditional SEO focuses on improving a website’s ranking globally, while local SEO is specifically focused on boosting visibility within a specific geographic area. For churches, local SEO is key because it connects you with people in your community who are looking for a church nearby. VisitorReach specializes in tools and strategies tailored to this kind of local engagement and gets laser focused to make sure that happens.

7.2 Nature of SEO: You acknowledge that search engine algorithms and search results are controlled by third-party search engines, not by us. We do not guarantee any specific ranking, level of traffic, or other specific result from our SEO Services.

7.3 Customer Responsibilities for SEO:

  1. You agree to provide us with timely and accurate information about your organization, its activities, and its goals to facilitate our SEO Services.
  2. You grant us permission to make changes to your website and online profiles as necessary to perform SEO Services.
  3. You are responsible for maintaining and updating any content we create or optimize after it has been published or implemented.

7.4 Content Ownership: Any unique content we create as part of our SEO Services (such as blog posts, meta descriptions, or other website copy) will be owned by you upon full payment for our Services, subject to our retention of a perpetual, non-exclusive license to use such content for our own marketing and portfolio purposes.

7.5 Ethical Practices: We commit to using only ethical, “white hat” SEO techniques. You agree not to request any unethical or “black hat” SEO practices that violate search engine guidelines.

7.6 Local SEO: For local SEO services, you authorize us to create, verify, and manage online directory listings (such as Google My Business) on your behalf. You are responsible for maintaining the accuracy of this information after our Services conclude.

7.7 Termination of SEO Services: Upon termination of SEO Services, we don’t provide a report of all changes and optimizations made.You are responsible for maintaining these changes going forward.

7.8 New Plan Features: Enhanced functionalities like increased ad spend options, detailed analytics, and local SEO optimization are offered in premium plans. Customers must provide accurate information to leverage these features effectively.

8. Managed Advertising Service

8.1 Service Description: As part of our Services, we offer a managed advertising service (“Ad Service”) where we create, place, and manage targeted advertisements on behalf of our Customers to reach potential Visitors.

8.2 Advertisement Creation:

  1. We will develop advertisements using the information you provide about your organization, its activities, and its goals. Personalized advertisements are available as part of our higher-tier plans, while a stock library of advertisements will be accessible for lower-tier plans.
  2. While we strive to create effective advertisements, you acknowledge that the success of any advertisement cannot be guaranteed.
  3. We retain creative control over the advertisements. We receive approval from clients for initial ads. Once ads are developed, we may modify them based on our interpretation of performance metrics. Any additional changes requested by clients may be subject to a service fee.
  4. Additional ad spend is available for one-time events. However, if ongoing additional ad spend is requested, this benefit is exclusively available under our Platinum plan only. This request requires a setup fee, a minimum ad spend commitment, and a predefined ad duration for each ongoing request.
  5. Special ad campaigns are available for all plans, with pricing and timing varying based on the season.

8.3 Data Collection and Use:

  1. To provide the Ad Service, we collect and process data about individuals who interact with your online presence or advertisements. This may include, but is not limited to, browsing behavior, demographic information, and interaction with ads.
  2. You authorize us to use this data to create and manage targeted advertising campaigns on your behalf.
  3. All data collection and use is subject to our Privacy Policy and applicable data protection laws.

8.4 Customer Responsibilities:

  1. You are responsible for providing accurate and timely information about your organization to inform our ad creation process.
  2. You must review and approve advertisements in a timely manner.
  3. You are responsible for ensuring that your use of our Ad Service complies with all applicable laws and regulations, including those related to data privacy and electronic communications. 
  4. You must obtain all necessary consents from individuals for the collection and use of their data for advertising purposes.
  5. You agree to provide clear and accessible privacy notices to individuals explaining how their data is collected and used for advertising purposes.

8.5 Ad Placement and Management:

  1. We will manage the placement of advertisements across various platforms and networks to optimize reach and effectiveness.
  2. While we strive for accurate ad targeting and placement, we do not guarantee any specific placement, reach, or result from our Ad Service.
  3. We reserve the right to adjust ad placements and strategies as needed to improve performance.

8.6 Third-Party Advertising Platforms:

  1. Our Ad Service utilizes third-party advertising platforms such as, but not limited to (e.g., Google Ads, Facebook, Instagram, TikTok Ads) to display your advertisements.
  2. Your use of these third-party platforms through our Service is subject to their respective terms of service and policies.
  3. We are not responsible for changes in third-party platform policies or algorithms that may affect ad performance or placement.

8.7 Ad Performance and Reporting:

  1. We will provide you with regular analytic reports on the results of engagements that have come through the platform. These reports will be available on the VisitorReach Dashboard. 
  2. You acknowledge that ad performance can vary and is influenced by factors outside our control.

8.8 Intellectual Property in Advertisements:

  1. We retain ownership of the creative elements of advertisements we create.
  2. You grant us a worldwide, non-exclusive license to use your organization’s name, logo, and other identifying information for the purpose of advertising VisitorReach services to others.

8.9 Special Ad Campaigns: Premium plans now include the option for bespoke ad campaigns with setup fees and minimum spend requirements.

8.10 Ad Performance: Customers acknowledge that ad performance depends on various factors, including audience engagement, which may influence results.

9. Data Protection and Privacy

9.1 We are committed to protecting the privacy of Visitors’ Personal Data. Our processing of Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 We will implement appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and accidental loss, destruction, or damage.

9.3 Our collection and use of data for the SEO Services is subject to our Privacy Policy and applicable data protection laws.

9.4 Advertising Data: Our collection and use of data for the Ad Service is governed by our Privacy Policy and applicable data protection laws. We act as both a data controller and a data processor for personal data collected through the Ad Service, depending on the specific use of the data.

10. Intellectual Property Rights

10.1 Our Services, including our aiChurchTech™ platform, software, logos, and other content, are protected by copyright, trademark, and other laws. We or our licensors own all right, title, and interest in and to the Services.

10.2 We grant you a limited, non-exclusive, non-transferable license to use our Services solely for your internal church communications and outreach purposes.

10.3 You retain all rights to the content you provide through our Services. You grant us a worldwide, non-exclusive license to use, store, and process this content solely for the purpose of providing and improving our Services.

11. Payment Terms

11.1 Fees for our Services are as set forth on our pricing page or as agreed upon in writing.

11.2 You agree to pay all fees associated with your use of the Services. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

11.3 We may change our fees upon notice. Your continued use of the Services after a fee change constitutes your agreement to pay the changed amount.

11.4 Updated Pricing Structure: Plans now include tiered pricing (Bronze, Silver, Gold, Platinum), with setup fees and tier-specific monthly rates. Annual agreements may include discounts and additional features like complimentary VisitorTAP™ cards.

11.5 You agree to pay all monthly recurring subscription fees via ACH direct deposit. If you choose to use a credit card for your ongoing subscription payments, an additional monthly service fee will apply. 

11.6 One-time product purchases may be made using a credit card without incurring any additional service fees.

11.7 Any product purchases will be subject to state sales tax. 

12. Term and Termination

12.1 These Terms will remain in effect until terminated by either party in accordance with this section.

12.2 Client Cancellation:

12.2.1 Special discounts are available for six-month and one-year agreements. By subscribing to a discounted plan, you agree to fulfill the full term of your agreement and are responsible for payment of all months within the contracted period.

12.2.1 Satisfaction Period:  If you purchase a Silver, Gold, or Platinum plan at full retail price (excluding the Bronze plan), you may cancel your subscription with a 30-day written notice, subject to the terms outlined below. These terms also apply to agreements that have fulfilled their contracted duration (six month and one year agreements)..

12.2.2 Notice of Cancellation Client may request to cancel their subscription by providing written notice to the Company. Notice of cancellation must be submitted via email to [support@visitorreach.com] or through the designated cancellation process outlined in the Client’s agreement.

12.2.3 Effective Date of Cancellation: Upon receipt of a valid cancellation request, the Client’s subscription will remain active for 30 days following the next scheduled payment date. This ensures continuity of service during the final billing period. No pro-rated refunds will be issued for any unused portion of the subscription.

12.2.4 Final Billing and Access: The Client acknowledges that all subscription fees due through the final 30-day period remain payable. Access to Visitor Reach services will continue until the end of the cancellation period, at which time all associated services will be discontinued.

12.2.5 Modification of Terms: Visitor Reach reserves the right to modify this cancellation policy at its sole discretion, with reasonable notice provided to active Clients.

12.2.6 Refund Policy: Any payments made prior to cancellation are non-refundable, except where required by law or outlined in specific promotional terms.

12.2.7 Outstanding Obligations: Upon cancellation, the subscriber remains responsible for managing their account until it has been closed.

12.2.8 Final Statement: A final list of names will be sent via a .csv file to the subscriber within 30 days of the cancellation date with all the leads generated into the account.

12.2.9 Reactivation: Should the subscriber wish to reactivate the service after cancellation, they may do so by contacting us and may be subject to a reactivation fee.

12.3Additional ad spend is available for one-time events. However, if ongoing additional ad spend is requested, this benefit is exclusively available under our Platinum plan. It requires a setup fee, a minimum ad spend commitment, and a predefined ad duration for each request. VisitorReach Termination:

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach these Terms or engage in conduct that we determine, in our sole discretion, is harmful to our interests or the interests of other customers.

12.4 Upon termination, whether by you or us, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall continue to remain in effect.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  1. Your use or inability to use our Services;
  2. Any unauthorized access to or use of our servers and/or any personal information stored therein;
  3. Any interruption or cessation of transmission to or from our Services;
  4. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services.

13.2 Our liability is limited to the maximum extent permitted by law, and in no event will our aggregate liability exceed the amount you paid us, if any, in the past 12 months.

13.3 We are not liable for any changes in search engine algorithms, policies of Third-Party Services, or any resulting changes in your website’s search rankings or performance. 

13.4 Advertising Service: Our liability related to the Ad Service is limited to the amount you paid for this service in the past 12 months. We are not liable for any consequential losses related to ad performance or for actions taken by third-party advertising platforms.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15. Indemnification

You agree to indemnify, defend, and hold harmless Visitor Reach, LLC, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Travis County, Texas.

18. DMCA Copyright Policy

18.1 Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Visitor Reach’s services (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

VisitorReach 4323 Triboro Trail Austin, Texas, 78749

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

18.2 Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  1. Your physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

18.3 Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

19. Miscellaneous

19.1 Entire Agreement: These Terms constitute the entire agreement between you and Visitor Reach regarding our Services.

19.2 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

19.3 Severability: 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.

19.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Last updated: March 12, 2025

VisitorTap™ Service Agreement

1. Introduction

Welcome to Visitor Reach (“we,” “us,” “our”). We provide visitor outreach services to Customers (“Services”). These Terms of Service (“Terms”) govern your access to, and use of, our comprehensive suite of digital tools and services, including but not limited to aiChurchTech™, NurturePoint™ Journeys, Omnichannel Marketing, VisitorTAP™, and Quick Replies. By using our Services, you agree to be bound by these Terms.

2. Definitions

2.1 “Account” means the account created by a Customer to access and use our Services.

2.2 “Ad Service” refers to our managed advertising service where we create, place, and manage targeted advertisements on behalf of our Customers.

2.3 “aiChurchTech™” refers to our proprietary AI platform designed to enhance Customer engagement through automated communication, personalized Visitor outreach, response generator and data-driven strategies.

2.4 “Customer” means any church or religious organization using our Services.

2.5 “Customer Content” means any data, information, or material provided or submitted by the Customer to the Services.

2.6 “Digital Health Assessment” refers to our comprehensive assessment of a Customer’s digital presence and engagement strategies.

2.7 “NurturePoint™ Journeys” means our feature is designed to guide and engage church visitors and church attenders through personalized digital experiences. 

2.8 “Omnichannel Marketing” refers to our integrated marketing solutions across multiple digital channels.

2.9 “Personal Data” means any information relating to an identified or identifiable natural person.

2.10 “Quick Replies” refers to our efficient communication tool for rapid response to visitor and church attender  inquiries.

2.11 “SEO Services” refers to the digital marketing and search engine optimization services we provide to enhance a Customer’s online presence. The scope of these services may vary based on the selected service plan and may evolve in response to technological advancements.

2.12 “Services” refers collectively to all products and services provided by Visitor Reach, including but not limited to those listed in Section 3 of these Terms.

2.13 “Third-Party Services” means any third-party websites, services, or platforms that may integrate with or be used in conjunction with our Services.

2.14 “Visitor” means any individual who has attended or shown interest in a Customer and whose information is processed through our Services.

2.15 “Visitor Reach,” “we,” “us,” or “our” refers to Visitor Reach, LLC, the provider of the Services.

2.16 “You” or “your” refers to the Customer using our Services.

2.17 “VisitorTAP™” refers to our innovative tool integrating NFC technology for seamless visitor engagement through cards or stickers.

2.18 “Unlimited Journeys” indicates the ability for Customers to create and manage limitless automated nurture journeys.

2.19 “Unlimited Groups” means the capability to organize Visitors into an unrestricted number of groups for targeted engagement.

3. Our Services

Our Services include:

3.1 Digital Health Assessment: A thorough evaluation of your digital footprint, assessing visibility, engagement strategies, and readiness for voice recognition searches.

3.2 Omnichannel Marketing: We offer integrated marketing solutions across multiple digital channels to enhance your outreach efforts through tailored digital strategies.

3.3 Mobile App Services: Our mobile app services include:

  1. NurturePoint™ Journeys: A feature designed to guide and engage church visitors through personalized digital experiences.
  2. Quick Replies: An efficient communication tool for rapid response to your Visitor inquiries.

3.4 Ongoing Coaching and Assessments: We provide continuous guidance and evaluation to help improve your digital outreach  and church communication strategies depending on size of plan. Lower-tier plans do not include ongoing coaching services; however, access to our Knowledge Base will be provided.

3.5 AI-Powered Texting Conversational Assistant: Our Services include an AI feature option that facilitates text messaging to your Visitors and Church Attenders.

3.5 Data Management: We offer tools for collecting, storing, and managing your Visitor information.

3.6 Analytics: We provide analytics and reporting on your Visitor engagement and outreach effectiveness.

3.7 We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter our Services at our sole and absolute discretion.

3.8 VisitorTap™ Technology: We provide tools to enhance visitor and church attender engagement through NFC-enabled cards or stickers, enabling easy connection and interaction.

3.9 Unlimited Journeys and Groups: Our platform now supports unlimited automated journeys and visitor grouping, available in select plans.

3.10 The features included in our services vary significantly depending on the selected plan. Additionally, features may change over time as new technology, product updates, and versions are introduced. The client acknowledges and agrees that it is their responsibility to review the official website for the most up-to-date information regarding available features, modifications, and enhancements.

4. Account Creation and Management

4.1 To use our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process.

4.2 You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4.3 You may not share your account with anyone else. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

5. Customer Responsibilities

5.1 Compliance with Laws: You agree to use our Services in compliance with all applicable laws and regulations, including but not limited to data protection and privacy laws, and laws governing electronic communications.

5.2 Content: You are solely responsible for the content of messages sent through our platform. You agree not to use our Services to send any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. Accordingly, the Church should implement appropriate accountability measures to ensure that all interactions align with ethical and legal standards.

5.3 Data Accuracy: You are responsible for the accuracy and quality of the data you input into our system.

5.4 AI Conversational Assistant Usage: You acknowledge that while we strive for accuracy, Our AI Conversation Assistant may not always interpret or respond to messages perfectly. You agree to monitor the AI’s communications and modify when necessary to ensure the appropriateness and accuracy of messages sent to Visitors and Church Attenders.

5.5 Responsible Use of VisitorTAP™: Customers are responsible for the proper use of VisitorTAP™ cards or stickers, ensuring they comply with data privacy regulations when collecting visitor information.

5.6 NurturePoint and Journey Customization: Customers must ensure all journey content aligns with their branding and values, avoiding offensive or misleading messaging.

6. Third-Party Integrations

6.1 Our Services may integrate with, or allow you to connect to, third-party websites, services, or platforms (“Third-Party Services”). These Third-Party Services may include, but are not limited to, Customer management software, social media platforms, and analytics tools.

6.2 We do not control Third-Party Services and are not responsible for their availability, reliability, or any content, products, or services they provide. Your use of any Third-Party Services is governed by the respective terms of service and privacy policies of those providers.

6.3 You are responsible for reviewing, accepting, and complying with any terms or policies governing Third-Party Services. We disclaim all liability and responsibility for any issues arising from your use of Third-Party Services.

6.4 If you choose to integrate Third-Party Services with our platform, you grant us permission to access and use your accounts on those services as required to provide our integrated Services.

6.5 We reserve the right to disable integrations with any Third-Party Service at any time, with or without notice, for any reason, including but not limited to changes in the Third-Party Service that make the integration impractical or impossible.

7. Digital and Search Engine Optimization Services

7.1 As part of our Services, we may provide digital marketing and search engine optimization (SEO) services for your online presence (“SEO Services”).  VisitorReach focuses on local SEO to help churches improve their online visibility. VisitorReach specializes in tools like Voice Search Optimization, Google Maps visibility, and Local Listings Management to ensure your church is easy to find where local searches happen. We do not offer an extended set of SEO services like website speed and optimization, keyword searches, and on-page website SEO.

7.1.2 Traditional SEO focuses on improving a website’s ranking globally, while local SEO is specifically focused on boosting visibility within a specific geographic area. For churches, local SEO is key because it connects you with people in your community who are looking for a church nearby. VisitorReach specializes in tools and strategies tailored to this kind of local engagement and gets laser focused to make sure that happens.

7.2 Nature of SEO: You acknowledge that search engine algorithms and search results are controlled by third-party search engines, not by us. We do not guarantee any specific ranking, level of traffic, or other specific result from our SEO Services.

7.3 Customer Responsibilities for SEO:

  1. You agree to provide us with timely and accurate information about your organization, its activities, and its goals to facilitate our SEO Services.
  2. You grant us permission to make changes to your website and online profiles as necessary to perform SEO Services.
  3. You are responsible for maintaining and updating any content we create or optimize after it has been published or implemented.

7.4 Content Ownership: Any unique content we create as part of our SEO Services (such as blog posts, meta descriptions, or other website copy) will be owned by you upon full payment for our Services, subject to our retention of a perpetual, non-exclusive license to use such content for our own marketing and portfolio purposes.

7.5 Ethical Practices: We commit to using only ethical, “white hat” SEO techniques. You agree not to request any unethical or “black hat” SEO practices that violate search engine guidelines.

7.6 Local SEO: For local SEO services, you authorize us to create, verify, and manage online directory listings (such as Google My Business) on your behalf. You are responsible for maintaining the accuracy of this information after our Services conclude.

7.7 Termination of SEO Services: Upon termination of SEO Services, we don’t provide a report of all changes and optimizations made.You are responsible for maintaining these changes going forward.

7.8 New Plan Features: Enhanced functionalities like increased ad spend options, detailed analytics, and local SEO optimization are offered in premium plans. Customers must provide accurate information to leverage these features effectively.

8. Managed Advertising Service

8.1 Service Description: As part of our Services, we offer a managed advertising service (“Ad Service”) where we create, place, and manage targeted advertisements on behalf of our Customers to reach potential Visitors.

8.2 Advertisement Creation:

  1. We will develop advertisements using the information you provide about your organization, its activities, and its goals. Personalized advertisements are available as part of our higher-tier plans, while a stock library of advertisements will be accessible for lower-tier plans.
  2. While we strive to create effective advertisements, you acknowledge that the success of any advertisement cannot be guaranteed.
  3. We retain creative control over the advertisements. We receive approval from clients for initial ads. Once ads are developed, we may modify them based on our interpretation of performance metrics. Any additional changes requested by clients may be subject to a service fee.
  4. Additional ad spend is available for one-time events. However, if ongoing additional ad spend is requested, this benefit is exclusively available under our Platinum plan only. This request requires a setup fee, a minimum ad spend commitment, and a predefined ad duration for each ongoing request.
  5. Special ad campaigns are available for all plans, with pricing and timing varying based on the season.

8.3 Data Collection and Use:

  1. To provide the Ad Service, we collect and process data about individuals who interact with your online presence or advertisements. This may include, but is not limited to, browsing behavior, demographic information, and interaction with ads.
  2. You authorize us to use this data to create and manage targeted advertising campaigns on your behalf.
  3. All data collection and use is subject to our Privacy Policy and applicable data protection laws.

8.4 Customer Responsibilities:

  1. You are responsible for providing accurate and timely information about your organization to inform our ad creation process.
  2. You must review and approve advertisements in a timely manner.
  3. You are responsible for ensuring that your use of our Ad Service complies with all applicable laws and regulations, including those related to data privacy and electronic communications. 
  4. You must obtain all necessary consents from individuals for the collection and use of their data for advertising purposes.
  5. You agree to provide clear and accessible privacy notices to individuals explaining how their data is collected and used for advertising purposes.

8.5 Ad Placement and Management:

  1. We will manage the placement of advertisements across various platforms and networks to optimize reach and effectiveness.
  2. While we strive for accurate ad targeting and placement, we do not guarantee any specific placement, reach, or result from our Ad Service.
  3. We reserve the right to adjust ad placements and strategies as needed to improve performance.

8.6 Third-Party Advertising Platforms:

  1. Our Ad Service utilizes third-party advertising platforms such as, but not limited to (e.g., Google Ads, Facebook, Instagram, TikTok Ads) to display your advertisements.
  2. Your use of these third-party platforms through our Service is subject to their respective terms of service and policies.
  3. We are not responsible for changes in third-party platform policies or algorithms that may affect ad performance or placement.

8.7 Ad Performance and Reporting:

  1. We will provide you with regular analytic reports on the results of engagements that have come through the platform. These reports will be available on the VisitorReach Dashboard. 
  2. You acknowledge that ad performance can vary and is influenced by factors outside our control.

8.8 Intellectual Property in Advertisements:

  1. We retain ownership of the creative elements of advertisements we create.
  2. You grant us a worldwide, non-exclusive license to use your organization’s name, logo, and other identifying information for the purpose of advertising VisitorReach services to others.

8.9 Special Ad Campaigns: Premium plans now include the option for bespoke ad campaigns with setup fees and minimum spend requirements.

8.10 Ad Performance: Customers acknowledge that ad performance depends on various factors, including audience engagement, which may influence results.

9. Data Protection and Privacy

9.1 We are committed to protecting the privacy of Visitors’ Personal Data. Our processing of Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 We will implement appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and accidental loss, destruction, or damage.

9.3 Our collection and use of data for the SEO Services is subject to our Privacy Policy and applicable data protection laws.

9.4 Advertising Data: Our collection and use of data for the Ad Service is governed by our Privacy Policy and applicable data protection laws. We act as both a data controller and a data processor for personal data collected through the Ad Service, depending on the specific use of the data.

10. Intellectual Property Rights

10.1 Our Services, including our aiChurchTech™ platform, software, logos, and other content, are protected by copyright, trademark, and other laws. We or our licensors own all right, title, and interest in and to the Services.

10.2 We grant you a limited, non-exclusive, non-transferable license to use our Services solely for your internal church communications and outreach purposes.

10.3 You retain all rights to the content you provide through our Services. You grant us a worldwide, non-exclusive license to use, store, and process this content solely for the purpose of providing and improving our Services.

11. Payment Terms

11.1 Fees for our Services are as set forth on our pricing page or as agreed upon in writing.

11.2 You agree to pay all fees associated with your use of the Services. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

11.3 We may change our fees upon notice. Your continued use of the Services after a fee change constitutes your agreement to pay the changed amount.

11.4 Updated Pricing Structure: Plans now include tiered pricing (Bronze, Silver, Gold, Platinum), with setup fees and tier-specific monthly rates. Annual agreements may include discounts and additional features like complimentary VisitorTAP™ cards.

11.5 You agree to pay all monthly recurring subscription fees via ACH direct deposit. If you choose to use a credit card for your ongoing subscription payments, an additional monthly service fee will apply. 

11.6 One-time product purchases may be made using a credit card without incurring any additional service fees.

11.7 Any product purchases will be subject to state sales tax. 

12. Term and Termination

12.1 These Terms will remain in effect until terminated by either party in accordance with this section.

12.2 Client Cancellation:

12.2.1 Special discounts are available for six-month and one-year agreements. By subscribing to a discounted plan, you agree to fulfill the full term of your agreement and are responsible for payment of all months within the contracted period.

12.2.1 Satisfaction Period:  If you purchase a Silver, Gold, or Platinum plan at full retail price (excluding the Bronze plan), you may cancel your subscription with a 30-day written notice, subject to the terms outlined below. These terms also apply to agreements that have fulfilled their contracted duration (six month and one year agreements)..

12.2.2 Notice of Cancellation Client may request to cancel their subscription by providing written notice to the Company. Notice of cancellation must be submitted via email to [support@visitorreach.com] or through the designated cancellation process outlined in the Client’s agreement.

12.2.3 Effective Date of Cancellation: Upon receipt of a valid cancellation request, the Client’s subscription will remain active for 30 days following the next scheduled payment date. This ensures continuity of service during the final billing period. No pro-rated refunds will be issued for any unused portion of the subscription.

12.2.4 Final Billing and Access: The Client acknowledges that all subscription fees due through the final 30-day period remain payable. Access to Visitor Reach services will continue until the end of the cancellation period, at which time all associated services will be discontinued.

12.2.5 Modification of Terms: Visitor Reach reserves the right to modify this cancellation policy at its sole discretion, with reasonable notice provided to active Clients.

12.2.6 Refund Policy: Any payments made prior to cancellation are non-refundable, except where required by law or outlined in specific promotional terms.

12.2.7 Outstanding Obligations: Upon cancellation, the subscriber remains responsible for managing their account until it has been closed.

12.2.8 Final Statement: A final list of names will be sent via a .csv file to the subscriber within 30 days of the cancellation date with all the leads generated into the account.

12.2.9 Reactivation: Should the subscriber wish to reactivate the service after cancellation, they may do so by contacting us and may be subject to a reactivation fee.

12.3Additional ad spend is available for one-time events. However, if ongoing additional ad spend is requested, this benefit is exclusively available under our Platinum plan. It requires a setup fee, a minimum ad spend commitment, and a predefined ad duration for each request. VisitorReach Termination:

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach these Terms or engage in conduct that we determine, in our sole discretion, is harmful to our interests or the interests of other customers.

12.4 Upon termination, whether by you or us, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall continue to remain in effect.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  1. Your use or inability to use our Services;
  2. Any unauthorized access to or use of our servers and/or any personal information stored therein;
  3. Any interruption or cessation of transmission to or from our Services;
  4. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services.

13.2 Our liability is limited to the maximum extent permitted by law, and in no event will our aggregate liability exceed the amount you paid us, if any, in the past 12 months.

13.3 We are not liable for any changes in search engine algorithms, policies of Third-Party Services, or any resulting changes in your website’s search rankings or performance. 

13.4 Advertising Service: Our liability related to the Ad Service is limited to the amount you paid for this service in the past 12 months. We are not liable for any consequential losses related to ad performance or for actions taken by third-party advertising platforms.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15. Indemnification

You agree to indemnify, defend, and hold harmless Visitor Reach, LLC, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Travis County, Texas.

18. DMCA Copyright Policy

18.1 Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Visitor Reach’s services (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

VisitorReach 4323 Triboro Trail Austin, Texas, 78749

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

18.2 Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  1. Your physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

18.3 Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

19. Miscellaneous

19.1 Entire Agreement: These Terms constitute the entire agreement between you and Visitor Reach regarding our Services.

19.2 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

19.3 Severability: 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.

19.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Last updated: March 12, 2025