Application Terms of Service

01.Acceptance of Terms & Eligibility

By accessing or using the Vestiger website, Progressive Web Application (PWA), backend APIs, or associated services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”) and our Application Privacy Policy.

You represent and warrant that:

• You are at least 18 years old and capable of forming a binding legal contract.
• If you use the Service on behalf of a business, corporation, or partnership, you possess the full legal authority to bind that entity to these Terms.
• Your use of the Service complies with all federal, state, and local laws and trade regulations.

02.Description of Vestiger Platform & AEO Engine

Vestiger provides an on-site field marketing tool for contractors and local businesses. The Service allows users to take or upload job site photos, automatically generate localized marketing copy and Answer Engine Optimization (AEO) metadata via artificial intelligence, and syndicate updates directly to third-party platforms (such as Google Business Profile, Facebook, Instagram, Twitter/X, Yelp, Nextdoor, LinkedIn, Angi, Houzz, and Thumbtack).

03.User Content & Intellectual Property Ownership

You Own Your Media: As between you and Vestiger, you retain complete ownership, copyright, and intellectual property rights in all photographs, project captions, business logos, trade descriptions, and materials you upload to the Service (“User Content”).

Limited License to Vestiger: You grant Vestiger a non-exclusive, worldwide, royalty-free license solely to host, cache, compress, format, and transmit your User Content to your connected third-party platforms for the direct purpose of executing your syndication requests.

Vestiger does not sell your User Content to third parties, advertising networks, or data brokers.

04.Acceptable Use & Content Standards

You agree not to use the Service to upload, publish, or syndicate any content that:

• Is fraudulent, deceptive, or misrepresents work you did not perform or locations you do not serve.
• Infringes any third party's copyright, trademark, privacy, or proprietary rights.
• Violates trade regulations, licensing rules, or consumer protection guidelines.
• Contains malware, viruses, malicious scripts, or automated scraping tools.
• Violates the terms of service or developer policies of any connected third-party platform.

Vestiger reserves the right to suspend or terminate accounts that repeatedly violate these standards.

05.Third-Party Platform Integrations & Google API Compliance

Vestiger interfaces with third-party application programming interfaces (“APIs”). Your use of these features requires adherence to each third-party platform's respective terms of service:

• Google Business Profile & Google Maps: By connecting your Google account, you agree to Google's Terms of Service and developer guidelines. Vestiger adheres strictly to the Google API Services User Data Policy, including the Limited Use requirements.
• Meta (Facebook & Instagram): Publishing to Meta pages complies with Meta Commercial Terms and Developer Policies.
• X (Twitter), Yelp, Nextdoor, LinkedIn, Angi, Houzz, & Thumbtack: Users agree to respect each platform's local marketing, review, and publication policies.

Vestiger is not liable for API rate limits, temporary outages, account suspensions, or policy enforcement actions enacted independently by third-party platforms.

06.AI Copywriting & User Review Responsibility

Our Service includes AI-assisted copywriting designed to produce engaging, keyword-optimized project summaries and hashtags.

Review Before Publishing: While our AI engines are tuned for contractor and trade terminology, AI-generated text is provided as a suggestion. You are solely responsible for reviewing, verifying, and editing the generated copy before confirming publication to your public business channels.

AI-generated content may be inaccurate, incomplete, misleading, or inappropriate, and may describe work, materials, locations, prices, licenses, or results incorrectly. Vestiger does not review or verify it and accepts no responsibility for any content you choose to publish, whether or not it was generated by the Service.

07.Subscriptions, 30-Day Free Trial & Billing Terms

08.Disclaimers & Warranties

Service Provided “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, VESTIGER, ITS AFFILIATES, AND THEIR OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WHILE VESTIGER OPTIMIZES DIGITAL WORK SAMPLES FOR SEARCH AND ANSWER ENGINES, WE DO NOT GUARANTEE SPECIFIC SEARCH ENGINE RANKINGS, LEAD VOLUMES, MAP POSITIONS, REVIEWS, OR COMMERCIAL REVENUE OUTCOMES.

WITHOUT LIMITING THE FOREGOING, VESTIGER DOES NOT WARRANT, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR, THE FOLLOWING:

• That the Service will be uninterrupted, timely, secure, error-free, or free of bugs, viruses, or harmful components, or that any defect will be corrected.
• The accuracy, quality, legality, or suitability of any AI-generated or user-provided content, including captions, hashtags, metadata, location tags, and job-site photos.
• That any post will be published, published on time, published to the intended account or location, or remain visible once published.
• The acts, omissions, outages, policy changes, rate limits, suspensions, or removals of any third-party platform, payment processor, hosting provider, or AI provider, including the loss or restriction of your Google, Meta, or other business accounts, listings, or reviews.
• Loss, corruption, or unauthorized access to data, content, photos, credentials, or connected-account tokens, including through a security incident.
• Any business loss, including lost leads, customers, revenue, profits, goodwill, or reputation.

09.Limitation of Liability & Indemnification

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VESTIGER, ITS AFFILIATES, AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER TO YOU OR ANYONE ACTING THROUGH YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, AND THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF VESTIGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU RELEASE AND FOREVER DISCHARGE VESTIGER AND THE PARTIES LISTED ABOVE FROM ALL CLAIMS, DEMANDS, AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT PUBLISHED THROUGH IT, ANY ACTION OR INACTION OF A THIRD-PARTY PLATFORM, AND ANY DISPUTE BETWEEN YOU AND YOUR CUSTOMERS, COMPETITORS, OR ANY OTHER THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR YOUR BUSINESS, YOUR PUBLISHED CONTENT, YOUR COMPLIANCE WITH LAW, AND KEEPING YOUR OWN COPIES OF YOUR PHOTOS AND DATA.

IF, DESPITE THE FOREGOING, VESTIGER IS FOUND LIABLE TO YOU FOR ANY REASON, AND ONLY TO THE EXTENT THE EXCLUSIONS ABOVE ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO VESTIGER IN THE ONE (1) MONTH BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN, REFLECTED IN THE PRICE OF THE SERVICE, AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND IF ANY PART OF THIS SECTION IS HELD INVALID THE REMAINDER STAYS IN EFFECT.

You agree to defend, indemnify, and hold harmless Vestiger, its affiliates, and their owners, directors, employees, and contractors against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to your use of the Service, your User Content or anything published through your account, your connected third-party accounts, your violation of any law or third-party right, or your breach of these Terms.

10.Termination & Data Portability

You may terminate your account at any time. Upon termination, your right to use the Service immediately ceases. You may request an export or complete deletion of all account data and stored channel tokens in accordance with our Privacy Policy.

11.Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively through good-faith informal consultation or binding individual arbitration.