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Terms of Agreement for Clients

Thank you for your interest in Virtual Pixie, provided to you by Mystic Mondays LLC, DBA Virtual Pixie (“Virtual Pixie,” “us,” “our,” or “we”). At Virtual Pixie, we want to connect people through the execution of everyday tasks and bring communities together through the use of the Application, any other mobile applications offered by us, and our mobile services, web applications, web services, and software provided on or in connection with such applications or services (all such applications, services, and software collectively, the “Services”).

This document explains the terms by which you may use our Services. These Terms of Service (these “Terms”), including the Privacy Policy and Zero Tolerance Policy, each dated as of the Effective Date and incorporated into these Terms by reference, as well as any other policy incorporated herein by reference, may be updated periodically. Your continued use of the Services signifies that you have read and understood the changes. You agree that notification upon change of this agreement is not required.

In order to avail yourself of the Services, you must agree to these Terms. By using the Services, the Application, you represent that you have read and understood these Terms, and are reading & understanding any changes that may periodically occur. These Terms govern your use of, access to, affiliation with, and operation of the Services from within the United States and its territories. PLEASE READ THESE TERMS AS THEY AND ALL REFERENCED DOCUMENTS AND POLICIES CONSTITUTE A LEGAL AGREEMENT, BETWEEN YOU AND Virtual Pixie AI TECHNOLOGIES, INC. AND ITS CONTRACTORS, TO WHICH YOU ARE SUBJECT. Throughout these Terms, the word “including” can mean “including but not limited to.” By accessing, downloading, installing, or using the Services, you signify that you have read, understood, and agreed to be bound by the provisions of these Terms.

1. Use of Our Services and Your License

The Services serve as a marketplace where people who seek to get tasks done, including individual consumers as well as businesses, are matched with independent assistants, receptionists, contractors and businesses (“vendors”) who are reasonably capable of executing these jobs, tasks, or offers. Vendors are to be distinguished from Users (defined below) herein as “Vendors” or “Fulfillers”. Vendors may be subject to master service agreements, independent contractor agreements, or employment agreements overseen by Virtual Pixie. The term “Users,” on the other hand, will explicitly refer to parties in use of the Application or other Services seeking to hire a virtual talent, or to get a task executed, subject to the terms of agreement of the user.

Subject to your compliance with these Terms and your payment of any applicable fees, Virtual Pixie grants you, whether as a User or as a Vendor, a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Services. Virtual Pixie, in its sole discretion, may terminate your license to any portion of the Services at any time without notice. This license does not include any resale of any portion of the Services or its contents; any derivative use of any portion of the Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Virtual Pixie. No portion of the Services may be reproduced, duplicated, copied, sold, or resold without the express written consent of Virtual Pixie. You may not use any meta tags or any other “hidden text” utilizing Virtual Pixie’s name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Virtual Pixie will terminate if you do not comply with these Terms. If the license granted by Virtual Pixie terminates, you continue to be bound by the provisions of these Terms.

2. Eligibility

 

  1. Each User must be at least 18 years old in order to be eligible to use the Services. The Services are not available for children (persons under the age of 18 regardless of parental consent) in any capacity, whether that be as a Fulfiller or as a User. By becoming a User, you represent, acknowledge, and warrant that you are at least 18 years of age and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of these Terms.
  2. You further represent, acknowledge, and warrant that your use of the Services is in compliance with any and all applicable laws and regulations.

3. Accounts

 

  1. By creating an account, you will be given access to different features of the various Services.
  2. When creating an account, you agree that you will provide complete and accurate information, and you agree that you will maintain this information as up-to-date at all times. Failure to do so may result in your inability to access the Services or in other forms of termination of access to the Services.
  3. Although Virtual Pixie works to safeguard your account and passwords, you are solely responsible for protecting the confidentiality of your account and passwords.
  4. This excludes any known or unknown cyber attacks (via denial of service attacks, hacks, malware, worms, or otherwise), data breaches, or data malformation.
  5. You will accept responsibility for all activities that occur under your account, identifiable by your Virtual Pixie User Unique Identifier (“Virtual Pixie User ID”).
  6. If you use the Services on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity or organization to these Terms, and you agree to be bound by these Terms on behalf of that entity or organization.
  7. Be sure to sign off when finished using a shared device. Virtual Pixie will not be liable for any unauthorized use of your account/

4. Service Rules

 

  1. You agree to refrain from engaging in any of the folloVirtual Pixie prohibited activities:
  2. Modifying, altering, reproducing, copying, distributing, or disclosing any confidential part of the Services in any medium (including but not limited to any information that you are aware or unaware of due to its confidentiality; information whose origin is unknown should be treated as confidential);
  3. Attempting to interfere or interfering with system integrity or security;
  4. Attempting to upload or uploading any virus, worm, code (malicious or otherwise), or other software through the Services; and
  5. Attempting to seek or provide a service that Virtual Pixie has classified as a “Zero Tolerance Service” in Virtual Pixie’s Zero Tolerance Policy here: https://virtual-pixie.com/zero-tolerance-policy/
  6. Failure to comply with the terms of this Section 4 may result in your inability to access the Services or other forms of termination of access to the Services.

5. Payment

Billing Services.

1. Billing Policies: By agreeing to these Terms of Service, you are also agreeing to Virtual Pixie’s Billing Policies, shown here: https://virtual-pixie.com/billing
2. Authorization: Upon the addition of a new payment method or each task request, Virtual Pixie may seek authorization of your selected payment method to verify the payment method, ensure the task cost will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or non-sufficient funds charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
3. Fraud Prevention: Virtual Pixie may rely on third-party payment gateways to handle credit card and debit card authorization, payments, and card management and cannot be held responsible for data breaches, data loss, malformation of data as a result of cyber attacks, data breaches, data loss, or malformation of data affecting the third-party payment gateway. Our choice of third-party payment gateways will still adhere to our standards of adequate User payment data security, meaning always maintaining PCI Service Provider Level 1 compliance, utilizing TLS (SSL) connections in data transit, and storing sensitive card information in an encrypted format.
4. Certain features of the Services will be provided for a fee.
5. Virtual Pixie has the authority and reserves the right to adjust and modify pricing, based on type of request, time of day, or location. Although we employ methods to make users fully aware of the final price they will be paying, you are responsible for the payment of the final price regardless of your awareness of such Charges.

Cancellation Policy:

We require a 30-day notice for all cancellations. If a trial is canceled before it begins or if a cancellation request is made without providing at least 30 days’ notice, a cancellation fee of 20% of the total trial or monthly subscription cost will be applied. This fee accounts for administrative processing and service allocation. No refunds will be issued for cancellations made within 30 days of the trial start date unless otherwise stated.

Refunds:

  1. All Charges are non-refundable and apply at all times regardless of Application usage or termination of usage, unless a User has a demonstrable basis for a refund – please contact your Customer Success Manager to request a refund. 
  2. Virtual Pixie in its sole discretion may offer refunds on a case by case basis.
  • Credit and Task Discounts:
    You may receive credits (“Virtual Pixie Credits”) that you can apply towards the payment of charges. They may or may not be not transferable or redeemable for cash, except as required by law.
  • Payments & Billing
    By agreeing to our Terms of Service, you also agree to all of Virtual Pixie’s Billing Policies
  • Deactivation: At your sole discretion, you may deactivate your account with Virtual Pixie. However, you will be responsible for paying any bills posted on your account prior to your deactivation.
  • Prices Shown In Marketing Materials:
    Virtual Pixie seeks to act in good faith as it pertains to prices we advertise. We run a large and complex organization with many moving levers, and so therefore while we try our absolute best, prices may not always be synchronized across all channels. If you see an official Virtual Pixie advertisement, online, offline, or otherwise that may be different from our website or signup system. Please take a photo or screenshot, and share with our sales team. If this is confirmed to be a genuine advertisement that you saw within the last 30 calendar days, Virtual Pixie will honor the pricing that you saw.

6. Third-Party Links

 

  1. The use of our Services may provide you with links to third-parties and their respective material. Virtual Pixie does not own or control any of the third-party contents and does not assume responsibility for your usage of such third-party sites. You understand that if you use such sites you do so at your own risk.
  2. You relieve Virtual Pixie from any liability that may arise during your use of any third-party sites.

7. Indemnity.

You are responsible for your use of the Services, and you agree to defend, indemnify, and hold Virtual Pixie, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, independent contractors, agents, and shareholders, harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of and participation in the Services, including:

    1. your breach of these Terms or the documents incorporated herein by reference;
    2. your violation of any law or regulation or the rights of a third-party, including, without limitation, Fulfillers, Users, other motorists, and pedestrians, as a result of your own interaction with such third-party;
    3. any allegation that any materials that you submit to us or transmit through the Services infringe upon or otherwise violate the copyright, trademark, patent, trade secret, or other intellectual property or other rights of any third-party;
    4. your ownership, use, or operation of a motor vehicle or passenger vehicle, or any other relevant tools (including but not limited to: laundry machines, cleaning equipment, or stationary or technical equipment), including your provision of Services as a Fulfiller; and/or
    5. any other activities in connection with the Services.
    6. The indemnity provided for in this section shall be applicable without regard to the negligence of any party, including any indemnified person.
    7. Liability Boundaries. IN NO EVENT WILL Virtual Pixie, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “Virtual Pixie” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, FINANCIAL LOSS ARISING FROM USING THE SERVICES, FINANCIAL LOSS ASSOCIATED WITH FULFILLERS FAILING TO COMPLETE TASKS, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT Virtual Pixie HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. Virtual Pixie Promotions and Referral Programs

 

  1. Virtual Pixie has discretion and may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with Virtual Pixie. Virtual Pixie reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Virtual Pixie determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms.
  2. From time to time, Virtual Pixie may offer you with incentives to refer new Users to the Virtual Pixie community. These incentives may come in the form of Virtual Pixie Credits, and Virtual Pixie may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

9. Intellectual Property

  1. All intellectual property rights in any work product, content, deliverables, or materials created or developed by Virtual Pixie in connection with the Services shall be the sole and exclusive property of the Client upon full payment. These rights include, but are not limited to, copyrights, trademarks (registered or unregistered), design rights, trade secrets, and all other similar rights worldwide, including the right to apply for protection of such rights. Virtual Pixie waives any claim to ownership of such intellectual property and agrees to assign and, if necessary, execute any documents to ensure the transfer of ownership to the Client. All third-party trademarks, logos, and brand names used in the Services remain the property of their respective owners.
  2. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, photos, images, videos, data, or other information or materials (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Virtual Pixie. Virtual Pixie shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for your Submissions. Your Submissions may not be false, materially misleading, libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, invade a person’s privacy, infringe another person’s intellectual property or proprietary rights, or otherwise violate applicable law. You represent and warrant that you own or otherwise control all of the rights to your Submissions; that the use of such materials by Virtual Pixie will not infringe upon or violate the rights of any third-party; and that you will indemnify Virtual Pixie for all claims resulting from your Submissions.
  3. Virtual Pixie and other Virtual Pixie logos, designs, graphics, icons, scripts, and service names are registered trademarks, unregistered trademarks, or trade dress of Virtual Pixie in the United States and/or other countries (collectively, the “Virtual Pixie Marks”), referenced directly below in but not limited to blue shades:
  1. If you provide services as a Fulfiller, Virtual Pixie grants to you, during the term of these Terms, and subject to your compliance with the terms and conditions of these Terms, a limited, revocable, non-exclusive license to display and use the Virtual Pixie Marks solely in connection with providing such services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third-party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without Virtual Pixie’s prior written permission, which Virtual Pixie may withhold in its sole discretion. The Virtual Pixie Marks may not be used in any manner that is likely to cause confusion.
  2. You acknowledge that Virtual Pixie is the owner and licensor of the Virtual Pixie Marks, including all goodwill associated therewith, and that your use of the Virtual Pixie Marks will confer no additional interest in or ownership of the Virtual Pixie Marks in you but rather inures to the benefit of Virtual Pixie. You agree to use the Virtual Pixie Marks strictly in accordance with Virtual Pixie’s trademark usage guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Virtual Pixie determines to be nonconforming or otherwise unacceptable.
  3. You agree that you will not: (1) create any materials that incorporate the Virtual Pixie Marks or any derivatives of the Virtual Pixie Marks other than as expressly approved by Virtual Pixie in writing; (2) use the Virtual Pixie Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names, or trade dress, or use the Virtual Pixie Marks other than in accordance with the terms, conditions, and restrictions herein; (3) take any other action that would jeopardize or impair Virtual Pixie’s rights as owner of the Virtual Pixie Marks or the legality and/or enforceability of the Virtual Pixie Marks, including, without limitation, challenging or opposing Virtual Pixie’s ownership in the Virtual Pixie Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Virtual Pixie Marks, any derivative of the Virtual Pixie Marks, any combination of the Virtual Pixie Marks and any other name, or any trademark, service mark, trade name, symbol, or word which is similar to the Virtual Pixie Marks; or (5) use the Virtual Pixie Marks on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation, or standard.
  4. Violation of any provision of this License may result in immediate termination of the License, in Virtual Pixie’s sole discretion. If you create any materials bearing the Virtual Pixie Marks (in violation of these Terms or otherwise), you agree that upon their creation Virtual Pixie exclusively owns all right, title, and interest in and to such materials, including without limitation any modifications to the Virtual Pixie Marks or derivative works based on the Virtual Pixie Marks. You further agree to assign any interest or right you may have in such materials to Virtual Pixie and to provide information and execute any documents as reasonably requested by Virtual Pixie to enable Virtual Pixie to formalize such assignment.

 

10. Copyrights Policy

Virtual Pixie respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please visit our copyright policy page or send the folloVirtual Pixie information to Virtual Pixie at Virtual Pixie, Inc., 5141 Pennsylvania Ave, #200, Irvine, CA 92617:

  1. a description of the copyrighted work that you claim has been infringed, including the specific location on the Services where the material you claim is infringed is located. Include enough information to allow Virtual Pixie to locate the material, and explain why you think an infringement has taken place;
  2. a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  3. your name, mailing address, telephone number, and e-mail address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

11. Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary or confidential information relating to Virtual Pixie’s business, operations, or properties, including User information (“Confidential Information”) disclosed to you by Virtual Pixie for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third-parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Virtual Pixie in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Virtual Pixie with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Virtual Pixie or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Virtual Pixie; becomes known to you, without restriction, from a source other than Virtual Pixie without breach of these Terms by you and otherwise not in violation of Virtual Pixie’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Virtual Pixie to enable Virtual Pixie to seek a protective order or otherwise prevent or restrict such disclosure.

12. Modification to these Terms

Virtual Pixie reserves the right to modify the terms and conditions of these Terms. Virtual Pixie reserves the right to change or modify information referenced throughout these Terms, including arbitrations provisions where herein does not create a renewed opportunity to opt out of arbitration. As such, the continued use of the Application or other Services will constitute your consent to such changes.

13. Virtual Pixie Communications

By becoming a User, you agree to receive communications from us, including e-mails, text messages, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Virtual Pixie, its affiliated companies, and/or Fulfillers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Virtual Pixie and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Disclaimers

The following Virtual Pixie disclaimers are made on behalf of Virtual Pixie, our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, independent contractors, agents, and shareholders:

  1. The Services are provided on an “as is” basis and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
  2. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Services.
  3. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication, or other use or access of the Services by persons under the age of 18 in violation of these Terms. We encourage you to communicate directly with each potential Fulfiller or User prior to engaging in an arranged transportation service.
  4. Virtual Pixie is not responsible for the conduct, whether online or offline, of any User of the Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in a car by Fulfillers or Users. By using or participating in the Services, you agree to accept such risks and agree that Virtual Pixie is not responsible for the acts or omissions of Users on the or participating in the Services.
  5. Virtual Pixie expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
  6. It is possible for others to obtain information about you that you provide, publish, or post to or through the Services (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on or through the Services. Please carefully select the type of information that you post on or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users or “hackers”).
  7. Opinions, advice, statements, offers, or other information or content concerning Virtual Pixie or made available through the Services, but not directly by us, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third-parties, whether on the Services or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Services and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or these Terms, which might be offensive or illegal, or might violate the rights, harm, or threaten the safety of Users or others.
  8. Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, or property or environmental damage. Neither Virtual Pixie nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Services. Any of your Information, including geolocational data, that you upload, provide, or post on the Services may be accessible to Virtual Pixie and certain Users.
  9. Virtual Pixie advises you to use the Services with a data plan with unlimited or very high data usage limits, and Virtual Pixie shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Services.
  10. This paragraph applies to any version of the Services that you acquire from the Apple App Store. These Terms are entered into between you and Virtual Pixie. Apple, Inc. (“Apple”) is not a party to these Terms and shall have no obligations with respect to the Services. Virtual Pixie, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict between the terms of the Licensed Application End User License Agreement and these Terms, the provisions of these Terms shall control.

15. Export Regulations; Government End Users.

1. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported, or transmitted, any commodities, software, or technology (“Items”) to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury, or Commerce, the European Union, or any other applicable government authority. If you are a U.S. Government end user, we are licensing the Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Services are the same as the rights we grant to all others under these Terms.

2. Liability of Assistant Issues, and Loss Arising from the same.

You affirm that you are aware that all work, duties, obligations, requests, tasks, requirements, action items, etc. (collectively “Assistant Work”) seemingly performed by the product marketed titles including “Virtual Pixie Assistant”, “Virtual Pixie Business Assistant”, “Virtual Pixie for Business” on your behalf are completed by a company that Virtual Pixie AI Technologies, Inc. has contracted to complete Assistant Work (a “Contracted Company”), however, when communicating with assistants that are employed by the Contracted Company via a Virtual Pixie AI Technologies, Inc. owned & operated application, you are then, and only then using services & technologies built and rendered by Virtual Pixie AI Technologies, Inc, ONLY to communicate to these assistants that are employed by the Contracted Company. Therefore, in any instances where assistant issues such as, but not limited to, assistant negligence, assistant failure, assistant error, assistant response times, failure of assistant to perform duties or meet obligations, failure of assistant to respond at all, or any loss of any kind arising from any of these (collectively “Assistant Issues”) are the source of issue, Virtual Pixie AI Technologies, Inc. cannot be held responsible, as Virtual Pixie AI Technologies, Inc. only provides a communication platform between assistants and business customers, upon which, assistants are controlled, trained, and employed by a Contracted Company. You agree to waive any and all liability associated with Assistant Issues. You acknowledge that using the Services does not guarantee any outcome, and that work given may not be completed.

3. Liability of Issues

While Virtual Pixie is a service that does our best to guarantee security of messages, leveraging partnerships with top security services, you agree that Virtual Pixie cannot be held liable or responsible for any damages associated with security breaches, breaches of data, or any other kind of technology breach as such. In addition, you agree that in using Virtual Pixie, you are ultimately responsible for the liability of the tasks that are given, and therefore, liability or loss arising from any issue that is not a technology breach of any kind, or an Assistant Issue, you also acknowledge and agree cannot be attributed to Virtual Pixie, and Virtual Pixie cannot be held liable for any liability or loss faced by you, your business, or any affiliate organization or person, incorporated or unincorporated.

4. Material Breaches

You agree that a material breach of these Terms of Service may only arise when you have not paid any outstanding invoices, either as a result of one or more unpaid invoices – as defined by an invoice that was never attempted to be paid, or a failed payment for one or more invoices. Virtual Pixie AI Technologies, Inc.’s obligations only are to provide a communication platform through which you may communicate with assistants that have been assigned to your account by the Contracted Company responsible for Virtual Pixie AI Technologies, Inc’s human assistance services. Both parties agree that Assistant Issues, service outages, and actions taken by the Contracted Company cannot be used as a basis for a material breach of these Terms of Services.

16. Refunds, Continued

Virtual Pixie is under no obligation to provide refunds for any reason. Virtual Pixie, in good faith, may, on a case-by-case basis, provide refunds for unused time, as defined by the days pre-paid for in the billing period, on a prorated basis, for the days after the date of explicit written cancellation that are remaining in the billing period. It is important to understand that Virtual Pixie provides a dedicated assistant service, therefore, while you are in the billing period before an event of cancellation, your account has been assigned dedicated resources.

17. Communication with Assistants or Virtual Pixie Talents Outside Normal Course of Business

Clients agree that at any point during the relationship with Virtual Pixie, and for a period of up to three (3) calendar years after, they may not approach any Assistants or Virtual Pixie Talents for any reason outside the normal course of day to day operations. Virtual Pixie invests a lot of time, money, and effort in building relationships with our Contracted Companies and Vendors, providing quality training material and training sessions to Assistants and Virtual Pixie Talents, maintaining internal culture, and investing in their futures. You agree that by attempting to contact Assistants or Virtual Pixie Talents outside the normal course of day to day operations for any reason will cause Virtual Pixie irreparable harm, and result in Virtual Pixie resorting to injunctive measures to prevent this action, and to seek financial compensation for any damages incurred to Virtual Pixie associated with your action.

18. General 

  1. Your Information is any information you provide, publish, or post to or through the Services or related services (including any profile information you provide) or send to other Users or Fulfillers (including via in-application feedback, any email feature, or through any Virtual Pixie-related Facebook, Twitter, or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Services and participate in the Services.
  2. These Terms shall be governed by the laws of the State of Pennsylvania without regard to choice of law principles. This choice of law provision is only intended to specify the use of Pennsylvania law to interpret these Terms and is not intended to create any other substantive right to non-Pennsylvanians to assert claims under Pennsylvania law whether by statute, common law, or otherwise.
  3. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.
  4. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you; any attempted transfer or assignment in violation hereof shall be null and void. However, you agree that these Terms and all incorporated policies or agreements may be assigned by Virtual Pixie, in our sole discretion, by providing notice to you.
  5. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
  6. These Terms set forth the entire understanding and agreement between you and Virtual Pixie with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

19.A. Cancellation Policy
We require a 30-day notice for all cancellations. If a trial is canceled before it begins or if a cancellation request is made without providing at least 30 days’ notice, a cancellation fee of 20% of the total trial or monthly subscription cost will be applied. This fee accounts for administrative processing and service allocation. No refunds will be issued for cancellations made within 30 days of the trial start date unless otherwise stated.

19.B. Trial Period Policy
All trial periods must be initiated and completed within 30 calendar days from the start date. If the client does not actively participate in or complete the trial within that time, the trial will be considered forfeited.


19.C. Pause Policy
Clients may request to pause services for up to 30 calendar days per calendar year. A written notice must be provided at least 7 days prior to the desired pause start date. During this time, services and billing will be temporarily suspended.

If the pause period exceeds 30 days without resuming services or submitting a cancellation request, the client will be considered to have terminated services without proper notice, and the standard 20% cancellation fee will be applied to the most recent trial or subscription amount.

Questions?

If you have any questions regarding the Services or these Terms, please contact us at:

Website: https://www.virtual-pixie.com
Email: [email protected]
Postal Address:

Virtual Pixie
Attn: Grace Duong, Founder
4558 Worth St, D2-B
Philadelphia, PA 19124

Last updated on the Effective Date.