VisitorReach
Terms of Service
1. Introduction
Welcome to Visitor Reach(“Company”). These Terms of Service (“Agreement”) govern your use of ourdigital tools, products, and services (“Services”). By accessing and/or usingour Services, you (“Client”) agree to comply with, and be bound by, this Agreement.
2. Definitions
2.1. “Account” means the account created by Client toaccess and use Company Services.
2.2. “Client” means any individual or entitysubscribing to and/or using Company Services.
2.3. “Client Content” means any data, information, ormaterial provided or submitted by the Client to the Company.
2.4. “Personal Data” means any information relatingto an identified or identifiable natural person.
2.5. “Services” means the digital tools and servicesprovided by Company to Client, including, but not limited to, Ad Service,aiChurch TechTM, Digital Health Assessment, NurturePointTMJourneys, Omnichannel Marketing, Quick Replies, software applications andplatforms, and VisitorTAPTM.
2.6. “Third-Party Services” means any third-partywebsites, services, or platforms that may integrate or be used in conjunctionwith Company Services.
2.7. “User” means any individual authorized by theClient to use Company Services.
3. Services Provided
3.1 Company agrees to provide the Services asdescribed on Company website or in separate documentation provided to Client.These Services may include, but are not limited to, AI powered conversationalassistance, analytics, software applications, data management and storage,digital and search engine optimization services, digital tools, managedadvertising services, ongoing coaching and assessment, and other relatedfunctionalities.
3.2 Company reserves the right to amend, upgrade, enhance,maintain, tune, backup, add to or remove, or otherwise alter Services atCompany’s sole and absolute discretion, provided that any such modificationwill not reasonably be expected to negatively affect the Services in anymaterial respect.
3.3 Service features vary depending on the Servicesselected by Client. Client acknowledges and agrees that it is theirresponsibility to review Company communications and Company website forinformation regarding available Service features, modifications, andenhancements.
4. License Grant
Subject to the terms ofthis Agreement, the Company grants the Client a non-exclusive,non-transferable, limited license to access and use the Services for internalClient purposes only.
5. Client Responsibilities
5.1 Client agrees to create an Account and provideaccurate, current, and complete information during the registration process.
5.1.1. Client is responsible for the confidentiality oftheir Account and login credentials, including password.
5.1.2. Client is responsible for updating andmaintaining Client information in the Services, which enables accurate andeffective usage of the Services.
5.1.3. Client agrees to not share Account with anyother individual or organization not authorized by this Agreement.
5.1.4. Client agrees to immediately notify Company ofany unauthorized use of Account.
5.1.5. Company reserves the right to suspend orterminate Client Account for providing inaccurate, not current, or incompleteinformation, or for any unauthorized use of the Services provided to Client.
5.2 Compliance with Laws: Client agrees to use theServices in compliance with all applicable laws and regulations, including, butnot limited to, data protection and privacy laws, and laws governing electroniccommunications.
5.2.1 Client is responsible for ensuring Usercompliance with all applicable laws and regulations.
5.3 Content: Client is solely responsible for thecontent of messages sent through the Services.
5.3.1 Client agrees not to use the Services to sendany content that is unlawful, harmful, threatening, abusive, harassing,defamatory, vulgar, obscene, or otherwise objectionable.
5.3.2 Client agrees to implement and/or monitorappropriate accountability measures to ensure that all interactions align withethical and legal standards.
5.4 Data Accuracy: Client is responsible for theaccuracy, quality, and proper use of the data Client inputs and uses in theServices.
5.4.1 Client agrees to comply with data privacyregulations regarding Personal Data.
5.4.2 Client agrees to align their branding and valueswith the use of the Services.
5.5 Acceptable Use: Client agrees not to use theServices for any unlawful purpose, intentionally transmit any malicious code orengage in any activities that could harm the Company or the Services, orattempt to gain unauthorized access to any part of the Services.
6 Third-Party Services
6.1 The Services may integrate with or allow Clientto connect to, third-party websites, services, or platforms. These Third-PartyServices may include, but are not limited to, customer management software,social media platforms, and analytics tools.
6.2 Company does not control Third-Party Servicesand is not responsible for their availability, reliability, or any content,products, or services provided. Client use of any Third-Party Services isgoverned by the respective terms of service and privacy policies of suchproviders.
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 issuesarising from Client use of Third-Party Services.
6.4 If Client chooses to integrate Third-PartyServices with the Services, Client grants Company permission to access and useClient’s account on those services as required to provide Company integratedServices.
6.5 Company reserves the right to disableintegration 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 Servicethat make the integration impractical or impossible.
7 Digital and Search Engine Optimization Services
7.1 Company may provide, as determined, certaindigital marketing and search engine optimization (SEO) services for Client’sonline presence (“SEO Services”).
7.2 Client Responsibilities:
7.2.1 Client acknowledges that search enginealgorithms and search results are controlled by third-party search engines, notby Company.
7.2.2 Client grants Company permission to make changesto 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 oroptimizes after it has been published or implemented.
7.3 Content Ownership: Upon specified payment forthe Services, Client will own any unique content Company creates as part of SEOServices, subject to Company’s retention of a perpetual, non-exclusive royalty-free license solely to use anonymized andde-identified version of such content and Client data, in a manner that doesnot identify Client or any individual, only for Company’s marketing andportfolio purposes.
7.4 Ethical Practices: Company commits to using onlyethical, “white hat” SEO techniques. Client agrees not to request any unethicalor “black hat” SEO practices that violate search engine guidelines.
7.5 Local SEO: For local SEO services, Clientauthorizes Company to create, verify, and manage online directory listings onClient’s behalf. Client is responsible for maintaining the accuracy of thisinformation after the Services conclude.
7.6 Termination of SEO Services: Upon termination ofSEO Services, Company does not provide a report of all changes andoptimizations made. Client is responsible for maintaining changes goingforward.
7.7 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 Companycreates, places, and manages targeted advertisements on behalf of Client.
8.2 Advertisement Creation:
8.2.1 Company will develop advertisement usingClient-provided organization, activities, and goal information, and will managestrategy and placement of all advertisement. Personalized advertisements may beavailable for certain Services selected.
8.2.2 Depending upon the type of Services selected byClient, and subject to any additional fees that may be required, additionaladvertisement volumes and special advertisement campaigns may be available forad hoc events.
8.2.3 Client grants Company a worldwide, non-exclusivelicense to use Client information for the purpose of promoting Services toother clients.
8.2.4 Client agrees to review and approveadvertisements in a timely manner.
8.2.5 Company retains creative control of theadvertisements created and has the right to modify advertisement based onperformance metrics. Any additional changes requested by Client may be subjectto a fee.
8.2.6 Company will provide Client with regularanalytic reports on engagement results.
8.2.7 Client acknowledges that advertising performanceresults depends upon various factors, including audience engagement. Companydoes not guarantee any specific additional advertising success.
8.3 Data Collection and Use:
8.3.1 Company collects and processes Personal Datareceived through Ad Service, including, but not limited to, browsing behavior,demographic information, and advertisement interaction.
8.3.2 Client agrees to provide clear and accessibleprivacy notices to individuals, explaining how their data is collected and usedfor communication purposes.
8.3.3 Client agrees to make all necessary disclosuresfor individuals included the advertisement.
8.3.4 Client agrees to authorize Company to usePersonal Data to create and manage targeted advertisement campaigns on behalfof Client.
8.3.5 All Personal Data collection and use is subjectto Company’s privacy policy and applicable data protection laws.
9 Payment Terms
9.1 Client agrees to pay all specified feesassociated with the Services selected. Payment terms, including frequency andmethod, are specified during the registration process. Client acknowledges thatpayment obligations are not contingent upon usage of the Services and thatcancellation does not relieve Client of responsibility for any fees owed underthis agreement.
9.1.1 The initial payment will be processed on theearlier of (i) the date on which app training is completed, and advertisingservices are launched, or (ii) forty-five (45) days following the Client’skick-off meeting.
9.1.2 Certain payment methods may be subject to anadditional surcharge.
9.1.3 Fee payments are non-refundable except asrequired by law.
9.1.4 Company reserves the right to suspend orterminate Client access to the Services for late or non-payment.
9.2 Company may modifyService fees only upon at least sixty (60) days’ prior written notice and anyService fee increases shall only be effective upon the renewal of the initialtwelve (12) month term or any renewal term thereafter. Subject to theforegoing, Client’s continued use of the Services after receipt of writtenClient’s continued use of the Services after notificationof a fee change constitutes Client agreement to pay the changed fee.
10 Term andTermination
10.1 Term of Agreement
This Agreement begins on the date Services arelaunched or forty-five (45) days following the Client’s kick-off meeting,whichever occurs first, and will remain in effect until terminated inaccordance with this Agreement.
10.2 Client Cancellation Requirements
10.2.1 Written NoticeRequired
All Clients, regardlessof plan type, month-to-month, six-month, or twelve-month, must provide aminimum of thirty (30) days' written notice to cancel Services. Written noticemust be submitted by email to support@visitorreach.com or by mail to:
Visitor Reach, LLC
P.O. Box 90158
Austin, TX 78709
10.2.2 Billing DuringNotice Period
Upon receipt of validwritten notice, Client will be billed for one final monthly service fee duringthe thirty (30) day notice period. Services will remain active during thisperiod.
10.2.3 Month-to-MonthPlans
Month-to-month plans maybe canceled at any time with thirty (30) days’ written notice. No earlytermination fees apply beyond the final month billed during the notice period.
10.2.4 Six-Month andTwelve-Month Term Plans
● Six-month and twelve-month plans are termagreements that include a discounted monthly rate in exchange for a minimumcontract commitment. Six-month and twelve-month plans renew automatically forthe same term unless modified or canceled in writing (30) days prior to therenewal date.
● If Client elects to cancel Services prior to theend of the agreed contract term, an early termination fee will apply. The earlytermination fee is calculated based on the number of full months remaining inthe contract at the time notice is provided, as follows:
● Six-Month Term Plan:
$100 multiplied by thenumber of remaining months in the contract term
● Twelve-Month Term Plan:
$200 multiplied by thenumber of remaining months in the contract term
Example:If a Client cancels a twelve-month plan witheleven (5) months remaining, the early termination fee will be $1,000. The remainder of the months leftuntil the end of the agreement will be billed at 50% of the remaining agreementin addition to the additional terms as stated above.
10.2.5 EarlyTermination Fees and Final Billing
Early termination feesare due and payable upon cancellation and will be charged in addition to thefinal thirty (30) day notice period billing. All outstanding balances must bepaid in full prior to Service termination.
10.2.6 Non-RefundableFees
All fees arenon-refundable unless required by law. This includes, but is not limited to,setup fees, subscription fees, advertising fees, and early termination fees.
10.2.7 Effective Dateof Termination
Services will terminateat the conclusion of the thirty (30) day notice period once all outstandingbalances have been paid in full.
10.2.8 Account DataUpon Termination
Upon termination, Clientmay request a copy of their account data, which will be provided in .csv formatwithin thirty (30) days of termination.
10.3 Termination for Cause by Company
The Company may suspendor terminate Services immediately, without prior notice or liability, if theClient breaches any material term of this Agreement, including non-payment,misuse of Services, or violation of applicable laws.
10.4 Effect of Termination
Upon termination,Client’s right to access and use the Services will immediately cease. Anyprovisions which by their nature should survive termination shall remain ineffect.
11 Data Protection and Privacy
11.1 Company will process Personal Data in accordancewith its privacy policy.
11.1.1 Client consents to such processing and warrantsthat it has made all required notices anddisclosures to individuals whose Personal Data is processed by Companyunder this agreement
11.2 Company will implement appropriate technical andorganizational measures to protect Personal Data against unauthorized orunlawful processing and accidental loss, destruction, or damage.
12 Warrants and Disclaimers
Company represents and warrants that:
12.1 The Services will be performedin a professional and workmanlike manner with a level of care, skill, practiceand judgment consistent with commercially reasonable industry standards andpractices for similar services, using personnel with the requisite skill,experience, and qualifications, and will devote adequate resources to meetClient’s obligations under this Agreement;
12.2 The Services, and Client’s usethereof as permitted under this
Agreement, will not infringe,misappropriate, or violate any intellectual
property or other right of any thirdparty;
12.3 Company shall comply with allapplicable federal, state, and local laws,
rules, and regulations;
12.4 The Services will strictlyconform to all specifications, descriptions, and
documentation provided by Client;
12.5 Company has implemented andwill maintain appropriate administrative,
technical, and physical safeguardsdesigned to protect Client data and
Personal Data;
12.6 The Services will not containor introduce any viruses, malware,
ransomware, worms, or other harmfulcode specifically designed to
disrupt, disable, or harm thenetworks or systems of Client or any third
party, and Company will use standardindustry practices to screen,
identify, and remove the above;
12.7 The Company has full power andauthority to enter into this Agreement
and perform its obligationshereunder.
12.8 Except as set forth in thisSection 12, the Services are provided “as is”
and “as available”, and Companydisclaims all other warranties, either
express or implied, including, butnot limited to, warranties of
merchantability or fitness for aparticular purpose.
13 Intellectual Property Rights
13.1 All intellectual property rights, title, andinterest in the Services, including technical platforms, software applications,logos, and other proprietary content, are owned by Company and protected bycopyright, trademark, and other laws.
13.2 Company grants Client a limited, non-exclusive,non-transferable license to use the Services solely for Client internal andexternal communication purposes.
13.3 Client retains all rights to content provided toCompany for the Services.
13.4 Client grants Company a worldwide, non-exclusivelicense to use, store, and process content solely for the purpose of providingand improving the Services.
14 Limitation of Liability
14.1.114.2. In no event will the Company’s aggregate liability exceed the total feespaid by Client to Company in the twelve (12) months preceding the event givingrise to the claim.
14.1.2Notwithstanding anything to the contrary, the limitations in this Section shallnot apply to liability arising from or in connection with
Company’s:
a)Negligence or willful misconduct; or
b)Indemnification obligations.
14.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT SHALL NOT BE
LIABLEFOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
ORPUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,
WHETHERINCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA,USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT
OFOR RELATED TO THIS AGREEMENT. IN NO EVENT WILL THE CLIENT’S
AGGREGATELIABILITY EXCEED THE TOTAL FEES PAID BY CLIENT TO
COMPANYIN THE TWELVE (12) MONTHS PRECEDING THE EVENT
GIVINGRISE TO THE CLAIM.
15 Limitation of Liability
Client agrees toindemnify, 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 legaland accounting fees, arising out of or in any way connected with Client’s useof the Services or Client’s violation of this Agreement.
16 Confidentiality
Both parties agree tomaintain the confidentiality of any proprietary information received from theother party during the term of this Agreement. This obligation survives thetermination of this Agreement.
17 Modifications to the Agreement
Company reserves theright to modify this Agreement at any time. Client will be notified of anymaterial changes, and continued use of the Services after such notificationconstitutes acceptance of the modified terms of the Agreement.
18 Governing Law and Jurisdiction
This Agreement shall begoverned 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 thisAgreement shall be resolved exclusively in the state or federal courts locatedin Travis County, Texas.
19 Digital Millennium Copyright Act (“DMCA”) Policy
19.1 Reporting Claims of Copyright Infringement:Company takes claims of copyright infringement seriously and will respond tonotices of alleged copyright infringement. If Client believes any materialsaccessible on or from the Services infringe Client copyright, Client mayrequest removal of, or access to, those materials from the Services bysubmitting written notification to Company copyright agent designated below. Inaccordance with the Online Copyright Infringement Liability Limitation Act ofthe Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the“DMCA Notice”) must include substantially the following:
a) Client physical or electronic signature.
b) Identification of the copyrighted work Clientbelieves to have been infringed or, if the claim involves multiple works in theServices, a representative list of such works.
c) Identification of the material Client believesto be infringing in a sufficiently precise manner to allow Company to locatethat material.
d) Adequate information by which Company cancontact Client (including name, postal address, telephone number, and, ifavailable, email address).
e) A statement that Client has a good faith beliefthat use of the copyrighted material is not authorized by the copyright owner,its agent, or the law.
f) A statement that the information in the writtennotice is accurate.
g) A statement, under penalty of perjury, thatClient is authorized to act on behalf of the copyright owner.
19.1.1. Company designated copyright agent to receiveDMCA Notices is:
Visitor Reach, LLC
P.O. Box 90158
Austin, TX 78709
Attention: CopyrightAgent
19.1.2. If Client fails to comply with all therequirements of Section 512(c)(3) of the DMCA, Client DMCA Notice may not beeffective.
19.1.3. If Client knowingly and/or materiallymisrepresents that material or activity in the Services is infringing Clientcopyright, Client may be held liable for damages (including costs andattorneys’ fees) under Section 512(f) of the DMCA.
19.2. Counter-Notification Procedures: If Clientbelieves that material posted in the Services was removed or access to it wasdisabled by mistake or misidentification, Client may file acounter-notification (“Counter-Notice”) with Company by submitting writtennotification to Company copyright agent designated in Clause 19.1. Pursuant tothe DMCA, the Counter-Notice must include substantially the following:
a) Client physical or electronic signature.
b) An identification of the material that has beenremoved or to which access has been disabled and the location at which thematerial appeared before it was removed or access disabled.
c) Adequate information by which Company cancontact Client (including name, postal address, telephone number, and, ifavailable, email address).
d) A statement under penalty of perjury by Clientthat Client has a good faith belief that the material identified above wasremoved or disabled as a result of a mistake or misidentification of thematerial to be removed or disabled.
e) A statement that Client will consent to thejurisdiction of the Federal District Court for the judicial district in whichClient address is located (or if Client resides outside the United States forany judicial district in which the Services may be found) and that Client willaccept service from the person (or an agent of that person) who provided theServices with the complaint at issue.
19.3. Repeat Infringers: It is Company policy, inappropriate circumstances, to disable and/or terminate the accounts ofperpetrators who are repeat infringers.
20. Miscellaneous
20.1. Entire Agreement:This Agreement constitutes the entire agreement between the parties and supersedes all prior agreementsor understandings, whether written or oral, relating to the Services.
20.2. Waiver: No waiverof any term of this Agreement shall be deemed a further or continuing waiver ofsuch term or any other term.
20.3. Severability: Ifany provision of this Agreement is found to be invalid or unenforceable, suchprovision shall be struck and the remaining provisions shall continue in fullforce and effect.
20.4. DisputeResolution: Any disputes arising out of or in connection with this Agreementshall be resolved through binding arbitration in Austin, TX, in accordance withthe rules of the Institute for Christian Conciliation.
20.5. Assignment: Clientmay not assign or transfer this Agreement, by operation of law or otherwise,without Company’s prior written consent. Company may assign this Agreement atany time without notice.
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.
2.1 “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.
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:
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.
4.1 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.
5.1 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.
6.1 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.
7.1 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:
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.
8.1 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:
8.3 Data Collection and Use:
8.4 Customer Responsibilities:
8.5 Ad Placement and Management:
8.6 Third-Party Advertising Platforms:
8.7 Ad Performance and Reporting:
8.8 Intellectual Property in Advertisements:
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.
9.1 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.
10.1 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.
11.1 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.
12.1 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.
13.1 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:
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.
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.
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.
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.
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.
18.1 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:
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:
18.3 Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
19.1 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