Terms and Conditions
Terms and Conditions
1. Services & Scope of Work
- B2B Nature: Our Services are strictly provided on a Business-to-Business (B2B) basis. Consumer protection laws do not apply to contracts entered into under these Terms.
- Scope: The specific AI marketing services, automation pipelines, deliverables, and timelines will be detailed in a separate signed Service Agreement or Statement of Work (SOW) with the Client.
- Modifications: We reserve the right to modify, update, or discontinue any aspect of our Services or software integrations at any time to reflect technological advancements.
2. Fees, Billing, and Retainers
- Payment Terms: All fees for fixed projects or monthly retainer packages are due in advance of service delivery, unless specified otherwise in the SOW.
- Late Payments: Failure to clear invoices by the specified due date may result in immediate suspension of active AI systems, automations, and service delivery.
- No Refunds: Due to the custom configuration of AI systems and immediate allocation of resources, all payments made to us are strictly non-refundable.
3. Data Privacy and Security
- Data Ownership: The Client retains all rights and ownership over their store data, customer lists, and financial metrics provided to us.
- AI Training Exclusion: We explicitly guarantee that Client proprietary data and customer information will not be used to train public, foundational AI models. All data is processed via secure, enterprise-grade private APIs.
- Compliance: Both parties agree to handle personal data in strict compliance with applicable data protection regulations, including the General Data Protection Regulation (GDPR).
4. Intellectual Property
- Agency Property: We retain all intellectual property rights to our proprietary AI prompts, custom software code, automation workflows, and internal methodology used to deliver the Services.
- Client Property: The Client receives a non-exclusive, non-transferable license to use the deployed AI systems and marketing assets generated during the term of the agreement for their specific e-commerce store.
5. Third-Party Platforms and AI Limitations
- Platform Dependencies: Our Services rely heavily on third-party AI providers (e.g., OpenAI, Anthropic) and e-commerce platforms (e.g., Shopify). We are not liable for service disruptions, API updates, or price changes caused by these third-party platforms.
- AI Outputs: While we implement rigorous testing and filtering, AI technology can occasionally generate inaccurate or unintended content ("hallucinations"). The Client is ultimately responsible for reviewing and approving patient-facing or customer-facing outputs before full deployment.
6. Limitation of Liability
- To the maximum extent permitted by law, [Your Agency Name] shall not be held liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, store data, or ad account suspensions resulting from the use or inability to use our AI systems.
7. Termination
- Retainers: Monthly recurring retainer agreements can be canceled by either party with a written notice of [30 days] prior to the next billing cycle, unless stated otherwise in the SOW.
- Breach: We reserve the right to terminate access to our Services instantly if the Client violates these Terms or engages in fraudulent activities.