Terms of Service

These Terms of Service ("Terms") govern your use of the VividGen website and the AI automation and chatbot services provided by Christopher Wygoda trading as VividGen ("VividGen", "we", "us", or "our"), based in Poland.

By contacting us, commissioning a project, or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Services

VividGen provides the following services:

• AI chatbot design, build, and installation on client websites
• Automated lead capture and contact collection systems
• Missed call text-back automation
• Appointment booking automation
• Lead follow-up sequences (SMS and email)
• Automated review request systems
• Monthly performance reporting
• Ongoing system maintenance and support

The specific scope, deliverables, and pricing for each project are confirmed in writing (email or signed proposal) before work begins.

2. Free Demo

VividGen offers a free demo of your AI system prior to any payment. This demo is built specifically for your business — using your business name, services, and branding — at no cost and with no obligation. The demo is provided as a good-faith demonstration of our capabilities. You are under no obligation to proceed to a paid engagement after receiving the demo.

3. Fees and Payment Structure

Our services are structured as a two-part payment model:

a) One-Time Setup Fee

A one-time setup fee is charged at the start of the engagement. This fee covers the design, build, testing, and installation of your automation system. The setup fee is due before your system goes live. The exact amount is agreed in writing prior to commencement of work.

b) Monthly Subscription Fee

Following system launch, a recurring monthly fee applies. This covers:

• Platform hosting and software licences required to run your system
• Ongoing monitoring and maintenance
• Bug fixes and compatibility updates
• Technical support via email
• Monthly performance reports
• Minor system improvements and optimisations

The monthly fee is billed in advance on the same date each month. Payment is accepted via bank transfer, card, or other methods agreed between the parties. All prices are quoted in USD unless otherwise stated.

c) Late Payments

Invoices are due within 7 days of issue. Late payments may result in temporary suspension of your automation system until the outstanding balance is cleared. VividGen reserves the right to charge interest on overdue amounts at the statutory rate under Polish law.

4. Project Process

1. Discovery Call (Day 1): We learn about your business, your current setup, and where leads are being lost.
2. Build (Days 2–5): We design and build your complete automation system. You are not required to take any action during this phase.
3. Review (Day 6): We walk you through the completed system on a screen share. You may request reasonable adjustments at this stage.
4. Go Live (Day 7): Upon your approval and receipt of the setup fee, your system goes live.

5. Revisions and Scope Changes

Each project includes a reasonable number of revisions as agreed at kickoff. A revision is a minor change within the agreed scope.

A scope change — such as adding a new automation sequence, integrating a new platform, or significantly restructuring existing workflows — is quoted separately and requires written approval before work proceeds.

Requests received after go-live that fall outside your monthly plan are treated as scope changes and quoted accordingly.

6. Cancellation Policy

You may cancel your monthly subscription at any time by providing 14 days' written notice via email. You will continue to have access to your system until the end of the current billing period. No partial-month refunds are issued.

Upon cancellation, VividGen will provide a reasonable handoff period to help you migrate or wind down your system. Platform accounts held in your name will remain accessible to you. Accounts held in VividGen's name will be transferred where technically possible, or decommissioned.

The one-time setup fee is non-refundable once system build has commenced.

7. Client Responsibilities

To keep your system running correctly, you agree to:

• Provide accurate information about your business during onboarding.
• Ensure any phone numbers, calendars, and third-party tools you wish to connect are accessible to us during setup.
• Respond to review and approval requests in a timely manner (typically within 3–5 business days).
• Notify us promptly if you change your phone number, booking platform, or website.
• Ensure that all content you provide (business descriptions, service lists, messaging templates) does not infringe any third-party rights and complies with applicable law.

8. Third-Party Platforms

Your automation system is built using third-party platforms including GoHighLevel, Zapier, Make, and Google Business. These platforms are subject to their own terms of service and pricing. VividGen is not responsible for:

• Downtime, outages, or changes made by third-party platform providers.
• Price increases or feature changes introduced by those providers.
• Any suspension of your accounts on those platforms due to your own actions or content.

Where platform costs are included in your monthly fee, VividGen will notify you of any material cost increases that affect your subscription price.

9. Intellectual Property

a) Your content

You retain ownership of all business content, branding, and materials you provide. By providing them, you grant VividGen a licence to use them solely to build and operate your automation system.

b) System and workflow IP

The underlying workflow templates, automation logic, and system architecture developed by VividGen remain VividGen's intellectual property. Upon cancellation and full payment of all outstanding fees, we will provide you with a reasonable export or documentation of your specific system configuration.

c) Portfolio rights

VividGen reserves the right to reference your business as a client and describe the results achieved (e.g. "we built a lead capture system for an HVAC business in Texas") in our marketing unless you request otherwise in writing.

10. Results Disclaimer

VividGen builds systems designed to capture leads, follow up automatically, and improve business responsiveness. However, we do not guarantee specific outcomes such as a defined number of leads, bookings, or revenue. Results depend on factors outside our control, including your market, your offer, your prices, and the quality of your services.

11. Limitation of Liability

• VividGen's total liability for any claim shall not exceed the total fees paid by you in the three months prior to the claim.
• VividGen is not liable for indirect, consequential, or punitive damages, including lost revenue or business interruption.
• VividGen is not liable for system failures caused by third-party platform outages.

12. Governing Law

These Terms are governed by the laws of Poland. Disputes shall first be addressed through good-faith negotiation. If unresolved within 30 days, they shall be submitted to the competent courts of Poland.

Note for US-based clients: You agree that Polish law governs this agreement. This does not affect any statutory consumer rights you may have under your local law.

13. Changes to These Terms

We may update these Terms from time to time. We will update the "Last updated" date at the top of this page and notify active clients by email of any material changes. For active engagements, the Terms in effect at the time of your agreement govern that engagement unless both parties agree otherwise in writing.

14. Contact

Questions about these Terms? Get in touch: