These Terms of Service ("Terms") are an agreement between Aponte Enterprises LLC, a North Carolina limited liability company doing business as Vicindo ("Vicindo," "we," "us"), and the business or organization that creates an account ("Customer," "you"). The person who accepts these Terms confirms they have authority to bind the Customer. If you do not agree, do not use the Service.
1. The Service
Vicindo provides web-based software for saving locations and resources, filtering them by custom tags and availability, estimating drive times to a job address, sending notification emails and text messages, collecting recipients' availability responses, and keeping a record of jobs (the "Service"). Drive times, maps and address matches come from third-party mapping data. They are estimates and may be inaccurate or unavailable. The Service is not designed for emergency dispatch or any use where a delay or error could cause injury or death.
2. Accounts and users
- You must be at least 18 and provide accurate account information.
- Your account is an organization. Its Owner controls billing and roles, and may invite Admins and Members. You are responsible for everyone you invite and for all activity under your organization.
- Keep passwords confidential and tell us promptly at support@vicindo.com if you suspect unauthorized access.
- Each email address can belong to one organization.
3. Your data
- "Customer Data" means information you or your users put into the Service, including location records, contact details, tags, availability, notes, templates and job details.
- You own Customer Data. You give us a limited license to host, copy, process and display it only to provide, secure and improve the Service and as required by law.
- You are responsible for Customer Data, including having the right and any required notice or consent to store people's personal information in the Service and to email them through it.
- No protected health information. Do not store protected health information (as defined by HIPAA), payment card numbers, government ID numbers or other sensitive personal data in the Service. We do not sign HIPAA business associate agreements at this time.
- Job history (jobs, searches, notifications and recipients' responses) is kept for 90 days, or until 90 days after a job's scheduled date if later, and then deleted automatically.
4. Acceptable use
You will not: use the Service to send spam, unsolicited marketing or unlawful messages; harass anyone or track people without legal authority; upload malware; probe, scan or test the Service's security; interfere with the Service or exceed its limits by technical means; scrape it or resell it; or use it in violation of law. We may suspend accounts that violate this section.
5. Notification emails
The Service sends emails you choose to send, to recipients you select, with the sending user's email address as the reply-to. Notification emails may include links that let a recipient tell you whether they are available; their responses are recorded in the Service and shared with your organization. You are the sender of their content and are responsible for complying with applicable law, including anti-spam laws. We may limit or suspend sending to protect deliverability or comply with our email provider's rules.
5a. Text messages (SMS)
- If your plan includes texting, the Service can send job offers and job updates to the mobile numbers you store, and each text has a link where the recipient answers (for example to say they're available). Replies to texts are used only for STOP, START and HELP.
- Consent. You may only add a mobile number for texting if that person has agreed to receive job-related text messages from your organization. You are responsible for obtaining and keeping that consent, and for honoring opt-outs.
- Recipients can reply STOP to opt out at any time and HELP for help. Message frequency varies with your organization's jobs. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
- Texts for every organization come from the same Vicindo number, so a STOP stops all texts from Vicindo to that number, for every organization that uses the Service, not just yours. The recipient still gets emails. Texts resume only after they text START and turn texts back on from their worker page.
- Texts are sent from Vicindo's number on your organization's behalf and identify your organization. Do not use texting for marketing or for anything other than job-related communication with your own workers.
- Text allowances, add-ons and pay-as-you-go charges are described on the pricing page.
5b. Worker pages
Each person you store with an email or mobile number can receive a private link to a page showing only their own job offers, assigned jobs and availability. Anyone holding a live link can view that page, so links expire and renew automatically, and you can reset a worker's link at any time. Workers do not need an account.
6. Free trial, plans and billing
- New organizations get a 14-day free trial with the Team plan's limits. No payment method is required for the trial.
- When the trial ends without a paid plan, the account is locked: you cannot run searches, send emails or edit data until the Owner chooses a plan. Data is kept for 90 days, after which we may delete it after giving notice to the Owner.
- Paid plans are billed in advance, monthly or annually, through our payment processor, Stripe, and renew automatically until canceled. If you subscribe during a trial, billing starts when the trial would have ended.
- Each plan has limits on users, saved people and resources, searches and emails per calendar month. You may exceed the search and email limits by up to 20%; after that, those features pause until the next month or until you upgrade.
- Prices exclude taxes. You are responsible for applicable taxes.
- We may change prices with at least 30 days' notice, effective at your next renewal.
- The Owner may cancel anytime in the billing settings. Cancellation takes effect at the end of the current billing period. Fees are non-refundable except where required by law or at our discretion.
- If a payment fails, we may suspend the account until it is paid.
7. Third-party services
The Service relies on third-party providers, including for hosting, database, maps and geocoding, email delivery and payments. Their availability and terms may affect the Service. Map data and attribution belong to their respective owners.
8. Our intellectual property and feedback
We own the Service, its software, design and brand. These Terms do not transfer any of it to you. If you send suggestions or feedback, we may use them without obligation to you.
9. Confidentiality and security
We use reasonable administrative, technical and physical safeguards to protect Customer Data. No system is perfectly secure. We will notify you without undue delay if we learn of unauthorized access to your Customer Data, as required by law.
10. Suspension and termination
You may stop using the Service and cancel at any time. We may suspend or terminate your access for material breach of these Terms, non-payment, or to prevent harm to the Service or others. After termination, you may request an export of your location records within 30 days; after that we may delete Customer Data.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT DRIVE TIMES, MAPS OR ADDRESS MATCHES ARE ACCURATE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100, WHICHEVER IS GREATER.
13. Indemnity
You will defend and indemnify Vicindo against third-party claims arising from your Customer Data, your emails sent through the Service, or your violation of these Terms or the law.
14. Changes to these Terms
We may update these Terms. For material changes we will give at least 30 days' notice by email to the Owner or in the Service. Continuing to use the Service after the effective date means you accept the updated Terms.
15. Governing law
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Mecklenburg County, North Carolina, and both parties consent to that jurisdiction.
16. General
These Terms are the entire agreement about the Service. If any part is unenforceable, the rest remains in effect. Failure to enforce a term is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Notices to us go to support@vicindo.com.
17. Contact
Aponte Enterprises LLC d/b/a Vicindo · 17130 Hampton Trace, Huntersville, NC 28078 · support@vicindo.com