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Terms of Service

Last updated: May 6, 2026

IMPORTANT NOTICE — PLEASE READ

These Terms include: (1) automatic renewal of paid subscriptions until you cancel; (2) a binding individual arbitration agreement and a class action waiver in Section 26; and (3) limitations on our liability in Sections 22 and 23. By creating an account, subscribing, or using the Service, you agree to these Terms. You may opt out of the arbitration agreement within 30 days of first accepting these Terms by following the instructions in Section 26.7.

These Terms of Service ("Terms") govern your access to and use of CallMeVirgil.com and related services (the "Service") operated by Noontide Ventures LLC, a Georgia limited liability company and operator of Call Me Virgil ("Call Me Virgil," "Virgil," "we," "us," or "our").

By accessing or using the Service, creating an account, submitting writing, or subscribing, you agree to these Terms. If you do not agree to these Terms, do not use the Service.

Please also review our Privacy Policy, which explains how we collect, use, and protect information.


1. What Call Me Virgil Is

Call Me Virgil is an AI-powered Socratic writing tutor for adult creative writers. Virgil reads submitted writing and responds with observations and questions intended to help users think more deeply about their own work.

Virgil is designed as a writing aid and thinking tool. Virgil does not rewrite your work for you, guarantee improvement, or replace your own judgment.

Not professional advice. Virgil is not a publisher, literary agent, editor, lawyer, therapist, mental health professional, academic advisor, financial advisor, medical professional, or professional advisor of any kind. Nothing provided by Virgil or the Service is, or should be treated as, legal, medical, mental health, financial, academic, professional, or crisis advice. You acknowledge that you will not rely on Virgil or the Service for any such advice and will consult qualified professionals where appropriate.

Crisis resources. If you are experiencing a medical, mental health, or other emergency, contact qualified professionals or emergency services. The Service is not a crisis resource and is not designed to detect, prevent, or respond to crises.


2. Eligibility

The Service is intended for users who are at least 18 years old.

By using the Service, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not barred from using the Service under the laws of any applicable jurisdiction.

You may not use the Service if you are under 18. If we learn that an account belongs to a person under 18, we may suspend or delete the account and associated data without liability.

If we later offer a version of the Service for schools, minors, or educational institutions, that offering may be governed by separate terms, privacy notices, consent mechanisms, and data protection agreements.


3. Your Account

You may need to create an account to save your work, access history, continue using Virgil, or subscribe.

You agree to provide accurate and current account information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, whether or not authorized by you.

You agree to notify us promptly at support@callmevirgil.com if you believe your account has been compromised or used without authorization.

We may suspend or terminate your account if we reasonably believe that you have violated these Terms, created legal or security risk, failed to pay applicable fees, or misused the Service.

You may not maintain more than one account, share account access, or transfer your account to another person without our prior written consent.


4. Your Writing and Ownership

You retain ownership of the writing you submit to Call Me Virgil. We do not claim ownership of your poems, essays, scenes, drafts, notes, fragments, revisions, or other creative work.

By submitting writing, prompts, messages, intake answers, project information, or other content to the Service ("User Content"), you grant Noontide Ventures LLC a limited, non-exclusive, worldwide, royalty-free, sublicensable license to host, store, process, transmit, display, modify solely for technical purposes such as formatting, and otherwise use your User Content solely as reasonably necessary to:

  1. Provide the Service to you.
  2. Generate Virgil's responses.
  3. Save and display your writing, project, and conversation history.
  4. Maintain project and conversation context.
  5. Operate, debug, secure, evaluate, and improve the reliability, safety, and quality of the Service.
  6. Engage service providers, including AI, database, hosting, infrastructure, payment, and email providers, to perform these functions on our behalf.
  7. Comply with legal obligations and enforce these Terms.

This license does not give us the right to publish, sell, or commercially exploit your creative writing as our own work. Sublicenses to our service providers are limited to the scope of this license and continue only as long as reasonably necessary for those providers to perform services for us, subject to applicable law, backup retention, security, and the data retention practices described in our Privacy Policy.

You are solely responsible for your User Content. You represent and warrant that:

  1. You own or have the necessary rights to submit your User Content.
  2. Your User Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any third party.
  3. Your User Content does not violate applicable law or these Terms.

Do not submit writing or content that belongs to someone else unless you have the right to do so.


5. AI-Generated Responses

Virgil's responses are generated using AI systems, including third-party AI services such as Anthropic's Claude API.

AI-generated responses may be inaccurate, incomplete, repetitive, generic, biased, inappropriate, hallucinated, or unhelpful. AI systems can produce content that appears authoritative but is incorrect. You are responsible for evaluating Virgil's responses and deciding whether and how to use them.

You should not rely on Virgil as your sole source of judgment. You remain responsible for your writing, revisions, submissions, publications, applications, academic work, personal decisions, and any other actions you take based on the Service.

We do not guarantee that Virgil's responses will be original, accurate, non-infringing, publication-worthy, suitable for your goals, or free from errors. AI-generated outputs may not be eligible for copyright protection in some jurisdictions; we make no representations about the copyrightability or ownership status of AI-generated outputs.


6. No Guarantee of Outcomes

Call Me Virgil does not guarantee improved writing quality, publication, literary agent representation, contest acceptance, admission to any school, program, workshop, or fellowship, academic success, professional success, or any particular creative, financial, personal, educational, or professional outcome.

The Service is provided as a writing aid and thinking tool. Its value depends on how you use it.


7. Subscriptions, Billing, and Cancellation

7.1 Plans and Pricing

Call Me Virgil may offer a free trial or limited free use. After the free trial or free-use limit, continued use may require a paid subscription.

Current subscription plans, pricing, billing periods, and features are described in the Service at the point of purchase. Prices may change in the future. If pricing changes for an existing subscription, we will provide notice as required by applicable law and by the billing platform, and you may cancel before the new pricing takes effect.

7.2 Automatic Renewal — Important

Your subscription will automatically renew at the end of each billing period at the then-current price for your plan, unless you cancel before the end of the current billing period.

By subscribing, you authorize us and our payment processor, Stripe, to charge your payment method on file, on a recurring basis, for: (a) the subscription fee for each renewal period; (b) any applicable taxes; and (c) other charges associated with your subscription, until you cancel.

The length of your renewal period, such as monthly or annual, and the renewal price will be the same as those disclosed at the time of your most recent purchase, unless you have been provided notice of a change.

7.3 How to Cancel

You may cancel your subscription at any time through:

  1. The customer portal accessible from your account settings.
  2. The Stripe-hosted billing portal linked from your account.
  3. By contacting us at support@callmevirgil.com.

Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have already paid, unless your account is terminated for violation of these Terms.

If you signed up using a method that requires cancellation through a third-party platform, such as an app store, you may need to cancel through that platform.

7.4 No Refunds

Except where required by applicable law, all subscription fees are non-refundable. We do not provide refunds or credits for partial billing periods, unused time, unused features, dissatisfaction with AI-generated responses, failure to cancel before renewal, or downgrades, suspensions, or terminations of your account for violation of these Terms.

If you believe a charge was made in error, contact us at support@callmevirgil.com within 30 days of the charge and we will review your request in good faith.

7.5 Failed Payments

If a payment fails, we may suspend or restrict access to paid features until payment is successfully processed. We may also retry failed charges in accordance with payment network rules and Stripe's practices.


8. Payment Processing

Payments are processed by Stripe. By subscribing, you agree that Stripe may process your payment information according to Stripe's terms, privacy policy, and applicable payment network rules. Your payment statement or Stripe checkout may identify the merchant as Noontide Ventures LLC, the operator of Call Me Virgil.

Call Me Virgil does not store your full credit card number, card security code, or complete payment credentials.

We may store limited billing-related metadata, such as your Stripe customer ID, subscription ID, subscription status, plan type, payment status, renewal status, and cancellation status, in order to manage access to paid features.


9. Acceptable Use

You agree not to use the Service to:

  1. Violate any law or regulation.
  2. Infringe, misappropriate, or violate intellectual property, privacy, publicity, confidentiality, contractual, or other rights.
  3. Submit writing or content you do not have the right to use.
  4. Submit sensitive personal information about others without permission.
  5. Generate, request, or facilitate child sexual abuse material; content that sexually exploits minors; non-consensual intimate imagery; content that incites or facilitates violence, terrorism, or self-harm; or other content prohibited by applicable law or by our service providers' acceptable use policies.
  6. Upload malicious code, viruses, or other harmful technology, or attempt unauthorized access to the Service or any user account.
  7. Interfere with, disrupt, overload, or compromise the Service or its infrastructure.
  8. Abuse, harass, threaten, defame, exploit, or harm others through use of the Service.
  9. Reverse engineer, decompile, disassemble, scrape, crawl, copy, or extract data from the Service except as permitted by applicable law.
  10. Use automated systems, bots, or scripts to access the Service without our prior written permission.
  11. Circumvent usage limits, paywalls, authentication, rate limits, content filters, safety measures, or security measures.
  12. Attempt to discover, extract, reproduce, or circumvent the Service's system prompts, prompt architecture, model parameters, or safety controls, including through prompt injection, jailbreaking, adversarial inputs, or similar techniques.
  13. Use outputs of the Service to train, fine-tune, benchmark, or evaluate any artificial intelligence model, dataset, or evaluation system that competes with the Service, without our prior written permission.
  14. Share, resell, sublicense, or commercially exploit your account access.
  15. Misrepresent AI-generated feedback as human-authored professional advice or endorsement.
  16. Use the Service in a manner that creates legal, security, operational, reputational, or financial risk for us, our users, or our service providers.

We may investigate, suspend, restrict, or terminate accounts that violate these Terms or create risk for Call Me Virgil, our users, service providers, or others. We have no obligation to monitor User Content or use of the Service, but we may do so at our discretion.


10. User Responsibility and Backups

You are responsible for: (a) the writing and information you submit; (b) ensuring that you have rights to submit that writing; (c) reviewing Virgil's responses before relying on them; (d) deciding whether and how to revise your work; and (e) keeping copies of important writing outside the Service.

Call Me Virgil should not be your only storage location for important drafts. To the fullest extent permitted by law, we are not responsible for loss, corruption, deletion, or unavailability of your writing or conversation history.


11. Intellectual Property of the Service

Noontide Ventures LLC owns the Service, including the website, interface, design, software, prompts, prompt architecture, system prompts, workflows, evaluation methods, branding, trademarks, logos, trade dress, documentation, and related materials, except for User Content and third-party materials. The prompts, prompt architecture, and workflows are our confidential information and trade secrets.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial writing practice.

You may not copy, reproduce, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, reverse engineer, or otherwise exploit the Service except as expressly allowed by these Terms or applicable law.

You may not use our name, branding, logos, or trademarks without our prior written permission.


12. Feedback to Us

If you provide suggestions, ideas, bug reports, comments, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, copy, modify, distribute, and otherwise exploit that Feedback for any purpose without compensation, attribution, or other obligation to you.

You represent and warrant that any Feedback you provide is your own and is not subject to any confidentiality, license, or other obligation that would prevent us from using it as described above. Do not submit Feedback that contains confidential, proprietary, or trade secret information of any third party.

This Section does not give us ownership of your creative writing submitted for tutoring. Feedback about the product is different from User Content submitted to Virgil for writing feedback.


13. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

13.1 Notice of Infringement

If you believe material on the Service infringes your copyright, send a written notice to our designated copyright agent that includes:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material claimed to be infringing and information sufficient to locate it.
  4. Your contact information, including name, address, telephone number, and email.
  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

13.2 Designated Copyright Agent

Send DMCA notices to:

Noontide Ventures LLC Copyright Agent
Noontide Ventures LLC
8735 Dunwoody Place Ste N
Atlanta, GA 30350
United States
Email: support@callmevirgil.com

DMCA Registration Number: DMCA-1072380

Our designated agent is registered with the U.S. Copyright Office.

13.3 Counter-Notice

If you believe material you submitted was removed or disabled by mistake or misidentification, you may submit a counter-notice including:

  1. Your physical or electronic signature.
  2. Identification of the material that was removed and the location at which it appeared before removal.
  3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in the district where you reside, or, if outside the United States, the federal court for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notice.

13.4 Repeat Infringers

We will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.


14. Third-Party Services

The Service depends on third-party providers, including AI, hosting, database, payment, authentication, and email providers. These providers may experience outages, errors, security incidents, policy changes, or service interruptions that affect Call Me Virgil.

To the fullest extent permitted by law, we are not responsible for third-party services, and your use of third-party services may be governed by their own terms and privacy policies.


15. Beta / Early-Stage Service

Call Me Virgil is an early-stage product. Features, pricing, limits, availability, model behavior, and functionality may change.

The Service may contain bugs, interruptions, errors, data loss, incomplete features, or unexpected behavior. We may modify, suspend, restrict, or discontinue any part of the Service at any time, with or without notice, subject to applicable law.


16. Service Availability

We will make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted, secure, timely, or error-free operation.

The Service may be unavailable because of maintenance, updates, outages, security issues, capacity limits, third-party failures, or other reasons. We may impose usage limits, rate limits, storage limits, or other restrictions at any time.


17. Force Majeure

We will not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, regulatory change, labor disputes, internet or telecommunications failures, denial-of-service attacks, cyberattacks, security incidents, third-party service provider failures or outages, including failures of AI, hosting, database, payment, authentication, or email providers, changes in third-party APIs or policies, or other events of force majeure.


18. Privacy

Our Privacy Policy explains how we collect, use, store, and disclose information. By using the Service, you acknowledge that we process information as described in the Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy regarding privacy practices, the Privacy Policy controls for that issue. For all other issues, these Terms control.


19. Termination

You may stop using Call Me Virgil at any time. To delete your account, follow the instructions in the Service or contact support@callmevirgil.com.

We may suspend, restrict, or terminate your access to the Service at any time if we reasonably believe that:

  1. You violated these Terms.
  2. You created legal, security, operational, reputational, or financial risk.
  3. You failed to pay subscription fees.
  4. Your use may harm us, users, service providers, or others.
  5. We are required to do so by law or service-provider policy.
  6. Continuing to provide the Service to you is no longer commercially or technically feasible.

Upon termination, your right to access and use the Service ceases immediately. We have no obligation to retain your User Content or to provide you with copies after termination, except as required by applicable law or our Privacy Policy. You should download or otherwise preserve any User Content you wish to retain before termination.

Survival. Termination does not affect provisions that by their nature should survive, including Sections 4 (Your Writing and Ownership), 5 (AI-Generated Responses), 6 (No Guarantee of Outcomes), 10 (User Responsibility and Backups), 11 (Intellectual Property of the Service), 12 (Feedback to Us), 19 (Termination), 20 (Disclaimers), 21 (Indemnification), 22 (Limitation of Liability), 24 (Governing Law), 25 (Informal Dispute Resolution), 26 (Arbitration and Class Action Waiver), 27 (Venue for Non-Arbitrable Claims), and 29 (Miscellaneous).


20. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS, RESPONSES, FEATURES, CONTENT, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, AND UNINTERRUPTED OPERATION.

We do not warrant that:

  1. The Service will meet your needs or expectations.
  2. Virgil's responses will be accurate, useful, original, safe, or appropriate.
  3. The Service will be uninterrupted, secure, or error-free.
  4. User Content will never be lost, corrupted, accessed without authorization, or unavailable.
  5. Defects or errors will be corrected.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.


21. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Noontide Ventures LLC and its owners, officers, employees, contractors, agents, service providers, licensors, and affiliates (the "Indemnified Parties") from and against any third-party claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

  1. Your User Content.
  2. Your violation of these Terms.
  3. Your violation of any law or regulation.
  4. Your violation of any third-party right, including intellectual property, privacy, publicity, or contractual rights.
  5. Your fraud, willful misconduct, or gross negligence.

We will give you prompt written notice of any claim subject to indemnification and reasonable cooperation in the defense, at your expense. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate in our defense. You may not settle any claim that imposes any obligation or liability on us, or that admits fault on our behalf, without our prior written consent.


22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOONTIDE VENTURES LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, LICENSORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CALL ME VIRGIL IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The limitations above apply regardless of legal theory, whether based on warranty, contract, tort, negligence, strict liability, statute, or otherwise, and even if we have been advised of the possibility of damages, and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Basis of the bargain. You acknowledge that the disclaimers in Section 20 and the limitations of liability in this Section 22 are an essential element of the bargain between you and us, and that we would not provide the Service on these economic terms without them.


23. Time Limit on Claims

To the fullest extent permitted by law, any claim arising from or related to the Service or these Terms must be brought within one (1) year after the cause of action arises, or it will be permanently barred.


24. Governing Law

These Terms, and any dispute arising from or related to them or the Service, are governed by the laws of the State of Georgia, United States, and applicable U.S. federal law, including, with respect to Section 26, the Federal Arbitration Act, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.


25. Informal Dispute Resolution

Before bringing a formal legal claim, you and we agree to attempt to resolve any dispute informally for at least sixty (60) days. To begin the process, the party with a complaint must send a written notice to the other party that includes:

  1. The complaining party's name, account email if applicable, and contact information.
  2. A description of the dispute and the facts giving rise to it.
  3. The relief sought.

Notices to us must be sent to support@callmevirgil.com. Notices to you will be sent to the email address associated with your account.

The parties will engage in good-faith discussions to resolve the dispute. If the dispute is not resolved within sixty (60) days after the notice is received, either party may proceed with arbitration under Section 26, or, where applicable, litigation under Section 27.

Compliance with this Section 25 is a condition precedent to commencing arbitration or litigation. The statute of limitations and any applicable filing-fee requirements will be tolled while the parties engage in this informal dispute resolution process.


26. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CALL ME VIRGIL TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS, AS DESCRIBED IN SECTION 26.7.

26.1 Agreement to Arbitrate

You and Call Me Virgil agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, the Privacy Policy, or our relationship, including the formation, interpretation, breach, or validity of any of the foregoing, each a "Dispute," will be resolved exclusively by final and binding individual arbitration, except as expressly provided in Section 26.6. The Federal Arbitration Act governs the interpretation and enforcement of this Section 26.

26.2 Arbitration Provider and Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, the "Rules," as modified by these Terms. The Rules are available at adr.org. If AAA is unavailable or declines to administer the arbitration, the parties will select another nationally recognized arbitration provider.

The arbitration will be conducted by a single arbitrator. The arbitrator must be a retired judge or a licensed attorney with experience in consumer or technology disputes.

26.3 Location and Format

Unless the parties agree otherwise, the arbitration will be conducted by telephone, video, or written submission for claims of US $25,000 or less. For larger claims, the arbitration will take place in Atlanta, Georgia, or another location mutually agreed by the parties, or, at your election, in the U.S. county where you reside.

26.4 Fees

We will pay all AAA filing, administrative, and arbitrator fees in excess of any consumer filing fee that you would have paid to file the claim in court, in accordance with the AAA Consumer Rules. Each party is otherwise responsible for its own attorneys' fees and costs, except where the arbitrator awards them under applicable law.

26.5 Class Action Waiver

YOU AND CALL ME VIRGIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Severability of Class Action Waiver. If this Section 26.5 (Class Action Waiver) is found to be unenforceable as to any claim or remedy, then the entirety of this Section 26 (Arbitration and Class Action Waiver) will be null and void with respect to that claim or remedy, and the claim or remedy will instead proceed in court under Section 27, but the rest of these Terms will remain in effect.

26.6 Carve-Outs

Notwithstanding Section 26.1, either party may:

  1. Bring an individual action in small claims court for any Dispute within the court's jurisdiction.
  2. Seek injunctive or other equitable relief in court to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights, breach of confidentiality obligations, or unauthorized access to or use of the Service.
  3. Bring claims that, by law, cannot be subject to a pre-dispute arbitration agreement, for example certain claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

26.7 30-Day Right to Opt Out

You have the right to opt out of this Section 26 by sending written notice to support@callmevirgil.com with the subject line "Arbitration Opt-Out" within thirty (30) days after the date you first accept these Terms. Your notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration.

If you opt out in compliance with this Section 26.7, this Section 26, including the class action waiver, will not apply to you, but the rest of these Terms will continue to apply.

Opting out of this arbitration agreement will not affect any other arbitration agreement that you currently have, or may enter in the future, with us.

26.8 Mass Filings

If 25 or more similar claims, other than small claims court actions, are or have been filed against us by or with the assistance of the same law firm, group of law firms, or organization within a 60-day period ("Mass Filings"), and the AAA or other administrator declines to administer them under standard procedures, the parties will select a mutually agreeable batch arbitration procedure or, if they cannot agree within 60 days, the claims will proceed sequentially in batches of no more than 100 claims at a time. The statute of limitations and any applicable filing-fee deadlines will be tolled for unfiled claims while batches proceed.

26.9 Modifications to Arbitration Provisions

If we make any material change to this Section 26 in the future, the change will not apply to any Dispute of which we had actual notice on the date of the change. We will notify you of material changes by email or through the Service, and you may reject the change by notifying us within thirty (30) days, in which case the prior version of this Section 26 will continue to govern Disputes between us.

26.10 Severability

If any provision of this Section 26, other than the Class Action Waiver in Section 26.5, is found unenforceable, that provision will be severed and the remainder of Section 26 will remain in effect. The treatment of Section 26.5 is governed by the severability clause within that Section.


27. Venue for Non-Arbitrable Claims

For any claim that proceeds in court, including claims excluded from arbitration under Section 26.6 or where Section 26 is held inapplicable, the exclusive venue is the state or federal courts located in Fulton County, Georgia, United States. You and we consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum.


28. Export Controls and Sanctions

The Service may be subject to U.S. export control and sanctions laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted persons.

You agree not to use, export, re-export, or transfer the Service in violation of applicable export control or sanctions laws.


29. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and may provide additional notice where appropriate, such as by email or through the Service.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

Notwithstanding the foregoing, material changes to Section 26 (Arbitration and Class Action Waiver) are governed by Section 26.9.


30. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms we provide for specific features, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals on the subject.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms except as expressly stated.

Notices. Notices to you may be given by email to the address associated with your account or by posting on the Service. Notices to us must be sent to support@callmevirgil.com.

Headings. Section headings are for convenience only and do not affect interpretation.

Independent Contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.


31. Contact

Noontide Ventures LLC
Operator of Call Me Virgil
Georgia, United States
Email: support@callmevirgil.com