These Terms of Service ("Terms") are an agreement between you and The Sur-Ryl Group LLC, doing business as Virtual SAM ("Virtual SAM," "we," "us," or "our"). They govern your use of virtualsam.com, the Virtual SAM platform (including its software, mobile apps, and AI features), and the setup, management, and support services our team provides (together, the "Services").
By signing an agreement with us, using your Virtual SAM account, or otherwise using the Services, you agree to these Terms, our Privacy Policy, and our Cancellation and Billing Policy, which are part of these Terms. If you're using the Services for a business or other organization, you agree on its behalf and confirm you have the authority to do so, and "you" means that organization. If you don't agree, please don't use the Services.
1. The Services
Virtual SAM is a done-for-you marketing automation service from Sur-Ryl Marketing. Our team learns how your business works, designs a plan with you, and then sets up and manages automation on the Virtual SAM platform, which includes tools such as a CRM, websites and funnels, email and text messaging, calling, calendars, automation, AI features, and reporting. Some features are provided through third-party technology partners. We're always improving the platform, so features may be added, changed, or retired over time. If we remove a feature in a way that materially reduces the Services, we'll try to give you notice in advance.
2. Eligibility and accounts
- Our team creates your Virtual SAM account as part of your engagement.
- You must be at least 18 years old and able to enter into a binding contract.
- The Services are intended for business use, not for personal, family, or household use.
- Give us accurate information and keep it up to date.
- Keep your login credentials secure. You're responsible for all activity under your account, including activity by users you invite.
- Tell us right away at [email protected] if you suspect someone has accessed your account without permission.
3. Engagements, fees, and billing
We provide the Services under a proposal, statement of work, or agreement that you sign with us (your "Agreement"). Your Agreement describes the scope of our work, the length of your engagement, and your fees, which may include engagement fees for our team's work, platform fees for the Virtual SAM platform, and usage charges for things like calls, text messages, emails, phone numbers, and AI features. Our Cancellation and Billing Policy explains how billing, cancellations, and refunds work.
You authorize us and our payment processor to charge your payment method for all fees when they're due. If a payment fails, we may retry the charge and may pause your account until it's resolved. We may change our prices with advance notice, as described in the Cancellation and Billing Policy.
4. Your responsibilities and acceptable use
You're responsible for how you use the Services and for following the laws that apply to your business and your communications. That includes laws about calls, texts, and email, such as the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and call recording laws, and privacy laws, along with wireless carrier rules such as A2P 10DLC registration requirements.
You agree that you won't:
- Call or text anyone without the consent the law requires, or use purchased, rented, or scraped contact lists
- Send spam, or send content that is deceptive, harassing, defamatory, obscene, hateful, or otherwise unlawful
- Send content that wireless carriers prohibit or restrict, such as content about illegal drugs, or, where restricted, cannabis, firearms, tobacco, alcohol, gambling, or adult content, unless carrier rules and the law allow it
- Upload or send viruses or other harmful code, or interfere with or disrupt the Services
- Try to access accounts, systems, or data without authorization, or reverse engineer, copy, or scrape the Services
- Resell, sublicense, or share access to the Services without our written permission
- Use the Services to infringe anyone's intellectual property, privacy, or publicity rights
- Use the Services to build a competing product
We may investigate suspected violations and may remove content, pause messaging, or suspend accounts to protect the Services, our Customers, and the public.
5. No emergency calls
Virtual SAM phone services don't replace a traditional phone line and don't support calls to 911 or other emergency services. Always keep another way to reach emergency services.
6. Your content and data
You keep ownership of the content and data you put into the Services, including information about your contacts ("Your Content"). You give us permission to host, copy, process, transmit, and display Your Content as needed to provide, secure, and improve the Services, and as described in our Privacy Policy.
You're responsible for Your Content, and you confirm you have the rights and consents needed to use it with the Services. You can export Your Content while your account is active. After your account closes, we may delete Your Content after 30 days, so please export anything you want to keep before you cancel.
7. AI features
AI features generate responses automatically and can make mistakes. Review AI-generated content before relying on it, and don't use AI features for legal, medical, financial, or other professional advice. You're responsible for how you set up and use AI features, including telling callers and contacts when they're talking with an AI assistant or being recorded, when the law requires it.
8. Your Agreement
Your Agreement and these Terms work together. These Terms apply to all of the Services, and your Agreement adds the details of your engagement. If your Agreement conflicts with these Terms, your Agreement controls for that engagement.
9. Our intellectual property
The Services, including our software, designs, templates, and content, along with the Virtual SAM name and logo and the Sam character, belong to us or our licensors and are protected by intellectual property laws. We give you a limited, non-exclusive, non-transferable right to use the Services while your account is active, subject to these Terms, and we reserve all other rights. If you send us feedback or ideas, we may use them without any obligation to you.
10. Third-party services
The Services may let you connect to or use third-party services, such as social media platforms, calendars, payment processors, and phone carriers. Their own terms govern your use of those services, and we aren't responsible for them. If a third party changes or discontinues its service, related features in Virtual SAM may change or stop working.
11. Suspension and termination
You can end your engagement or close your account as described in your Agreement and our Cancellation and Billing Policy. We may suspend or end your access if you violate these Terms, don't pay, create risk or legal exposure for us or others, or if we stop offering the Services. Where it's reasonable, we'll give you notice first. Sections that by their nature should continue after termination, such as payment obligations, disclaimers, limits on liability, and dispute terms, will continue.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THEY WILL PRODUCE ANY PARTICULAR BUSINESS RESULT.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL SAM AND THE SUR-RYL GROUP LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF WE'VE BEEN TOLD THEY'RE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
14. Indemnification
You'll defend, indemnify, and hold harmless Virtual SAM, The Sur-Ryl Group LLC, and our officers, employees, and contractors from any third-party claims, damages, and expenses, including reasonable attorneys' fees, that arise from Your Content, your use of the Services, your communications with your contacts, or your violation of these Terms or the law.
15. Governing law and disputes
California law governs these Terms, without regard to its conflict of law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other in writing and allowing 30 days to work it out. Any dispute that isn't resolved will be brought only in the state or federal courts located in Los Angeles County, California, and both parties consent to those courts' jurisdiction. In any action to enforce these Terms, the prevailing party may recover its reasonable attorneys' fees and costs.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll let you know by email or through the Services at least 30 days before they take effect. If you keep using the Services after the changes take effect, you accept them.
17. General terms
- Entire agreement. These Terms, together with your Agreement and the policies they reference, are the entire agreement between you and us about the Services.
- Assignment. You may not transfer these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets.
- Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and that part will be enforced to the greatest extent allowed.
- No waiver. If we don't enforce a provision right away, we can still enforce it later.
- Events beyond our control. We aren't responsible for delays or failures caused by events beyond our reasonable control, such as outages at third-party services or carriers, natural disasters, or government action.
- Electronic communications. You agree to receive notices and agreements from us electronically, and that they satisfy any requirement to be in writing.
- Taxes. Fees don't include taxes. You're responsible for any applicable sales, use, or similar taxes.
18. Contact us
Questions about these Terms? Reach us here:
The Sur-Ryl Group LLC, dba Virtual SAM
21515 Vanowen Street, Suite 1222
Canoga Park, CA 91303
[email protected]