Welcome to Vista Profits AI Workforce (“the Service”). The Service is owned and operated by Incerto Technocracy Sdn. Bhd. (“we”, “us”, or “our”), a company incorporated under the laws of Malaysia. By accessing or using our Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Service.
1. Merchant of Record Disclosure
Our order process is securely managed and conducted by our Merchant of Record, Paddle.com (“Paddle”). Paddle is the legal reseller of our software and digital products. When you make a purchase, your transaction will be processed by Paddle, and Paddle’s own terms, conditions, and privacy policies apply to the checkout process. Paddle is responsible for handling global sales tax compliance (including US state taxes and VAT) and billing inquiries.
2. Account Security & Acceptable Use
- Account Security: You must register for an account to use the Service. You are solely responsible for maintaining the confidentiality of your account credentials.
- Acceptable Use Guidelines: When deploying our automated email, voice call, and meeting booking features, you agree to follow these core rules:
- List Responsibility: You are 100% responsible for the prospect lists you upload. You guarantee that all contacts have consented to automated outreach and have been scrubbed against active "Do Not Call" registries.
- Outreach Etiquette: Automated emails must include a clear, functional unsubscribe link. Outbound voice calls must only run during standard local business hours (9 AM to 8 PM recipient's time).
- Transparency: You must not mask your identity, use misleading subject lines, or configure the AI agent to falsely claim it is a live human.
- Safety Boundaries: You are strictly prohibited from using the platform for unsolicited bulk spam marketing, cloning individuals' voices without authorization, or configuring the agent to provide binding legal, medical, or financial advice. The Service must be used strictly for outbound marketing, lead qualification, and appointment scheduling.
- Customer Support: We do not provide customer or technical support via public email. All support inquiries, service bugs, billing disputes, and technical claims must be submitted exclusively by logging a support ticket within your authenticated User Account Dashboard.
3. Fees, Billing, and Subscriptions
- Subscription Plans: Certain aspects of the Service are provided on a paid subscription basis. You will be billed in advance on a recurring, periodic cycle (monthly or annually) as chosen during checkout.
- Account Abuse Actions: We reserve the right to immediately suspend or restrict dashboard access if your account generates excessive spam complaints, high bounce rates, or violates our acceptable use boundaries, with no obligation to issue a refund.
- Refund Policy: All sales are final. Refunds are strictly governed by our Refund and Cancellation Policy, which features a 30-Day Functionality Guarantee accessible only via your dashboard ticket panel. No refunds are given for changes of mind or automatic renewals.
4. Statutory Rights for International Users
For users residing in jurisdictions that provide a statutory right of withdrawal (such as certain US states, the UK or EU), you explicitly agree that by logging into your account, uploading data, or utilizing the platform's infrastructure, you request immediate performance of the Service and waive any statutory rights to cancel or claim a refund outside of our standard 30-Day Functionality Guarantee.
5. Governing Law and Jurisdiction
These Terms and your use of the Service shall be governed by, interpreted, and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. You explicitly agree that any legal claim, dispute, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in Malaysia. You hereby waive any objection to the exercise of personal jurisdiction or to venue on the grounds of an inconvenient forum in such courts.
You explicitly agree that all claims and disputes must be resolved strictly on an individual basis, and you waive any right to initiate, join, or participate as a plaintiff or class member in any class action lawsuit or representative proceeding against us.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Incerto Technocracy Sdn. Bhd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, data, or revenue, whether incurred directly or indirectly, resulting from your use or inability to use the Service.
In no event shall the aggregate liability of Incerto Technocracy Sdn. Bhd. for all claims relating to the Service exceed the total amount paid by you for the Service in the one (1) month immediately preceding the event giving rise to liability.
7. Privacy and Data Protection
By using our software and digital products, you acknowledge that you have read and understood our Privacy Policy, which explains how we use and collect your personal information. Furthermore, if you upload, submit, or process any third-party data, prospect lists, or lead information through the Service, you explicitly agree to be bound by our Data Processing Agreement (DPA), which is fully incorporated into these Terms by reference.
8. Indemnification
You agree to defend, indemnify, and hold harmless Incerto Technocracy Sdn. Bhd. and our respective shareholders, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (i) your breach of the Acceptable Use Guidelines in Section 2; (ii) any claims that data or contact lists uploaded by you violate third-party privacy rights or outbound marketing laws; or (iii) your violation of any applicable local, state, national, or international regulations.