Terms of Service

These Terms of Service ("Agreement") govern the relationship between SALESSMINDAI LLC ("we," "us," or "our") and the client ("you," "your," or "Client") engaging our services. By signing up for or using our services, you agree to the following terms. This Agreement is effective as of the date you first access or use our services.

Definitions

• Confidential Information: Any non-public information disclosed by either party, including but not limited to business strategies, client data, AI models, training materials, scripts, templates, and proprietary systems.
• Force Majeure: Events beyond a party's reasonable control, such as acts of God, natural disasters, pandemics, wars, cyberattacks, or government actions.
• Services: The marketing and business growth services described in Section 1, as specified in your Order Form.
• Order Form: The signed document or agreement outlining your selected package, fees, and specific scope of Services.
• AI Training Data: Data provided by you for optimizing AI systems, including past leads, messaging transcripts, FAQs, objections, booking outcomes, and brand guidelines.

1. Services Provided

We provide marketing and business growth services designed to generate and manage leads for home service companies, with a specialization in roofing contractors. Services may include digital advertising, AI-powered lead nurturing and booking, CRM setup and automation, appointment filtering, sales training, and reputation management. The specific scope depends on the package selected and will be outlined in your Order Form.

We may modify Services with reasonable notice if required by law, third-party platform changes, or to improve performance. AI tools used in Services are experimental and may produce inaccurate outputs; you must verify and assume responsibility for their use. AI outputs may reflect biases in training data; we make best efforts to mitigate such biases.

2. Eligibility

Our Services are intended for business use only. To engage with us, you must:

• Be at least 18 years old and legally able to enter into binding agreements.
• Operate a legitimate business entity.
• Have full authority to make marketing and financial decisions for your company.
• Be located in and primarily serving regions where digital advertising and our systems are legally permitted (e.g., U.S. and Canada; not in sanctioned countries).

We reserve the right to refuse or terminate Services if these conditions are not met.

3. Client Obligations

To enable successful delivery, you agree to:

• Provide timely access to ad accounts, CRM, calendars, website, and analytics tools.
• Supply required assets and approvals within agreed timelines and be reasonably available for onboarding and reviews.
• Provide AI Training Data for optimization, which we will anonymize where possible.
• Maintain an active advertising budget as specified in your Order Form.
• Respond to communications within a commercially reasonable timeframe (typically 48–72 hours).
• Track and report sales or closed jobs where needed for performance measurement.
• Understand that requests outside the agreed scope may require a new Order Form and additional fees.

You are responsible for ensuring that any customer data you provide was lawfully collected with appropriate consent. Failure to meet obligations may void guarantees, result in additional fees, or lead to suspension of Services.

4. Fees, Payments, Refunds, and Cancellations

• Fees: As outlined in your Order Form. Ad spend is billed separately.
• Billing: Fees are billed in advance. Setup fees are non-refundable once work begins. We may update recurring fees with 30 days' notice.
• Payment Methods: We accept ACH, credit card, or wire transfer, and may enable auto-billing.
• Late or Failed Payments: Services may be paused if overdue. Late fees apply at 1.5% per month or maximum allowed by law. You are responsible for collection/legal costs on unpaid balances.
• Disputes: Notify us of billing disputes within 10 days of the charge; we will investigate promptly.
• Refunds & Cancellations: All fees are non-refundable once Services or setup begin, except where prohibited by law. To cancel recurring Services, provide written notice at least 5 days before the next billing date. You agree not to initiate chargebacks for valid transactions.
• Taxes: You are responsible for applicable taxes.

5. Rules of Conduct and Suspension

You agree to:

• Use Services for lawful business purposes only.
• Follow program guidelines and instructions.
• Be cooperative and treat our staff with respect.

We may suspend or terminate Services without refund if you:

• Become disruptive, abusive, or unreasonably difficult to work with.
• Fail to provide required access or approvals.
• Misuse our systems or IP.
• Impair participation of our instructors or other program participants.
• Violate laws or regulations.
• Fail to make payments or meet other obligations under this Agreement.

We will provide written reasons for suspension and allow 5 days for your response before termination. Suspension may occur without notice if imminent harm is likely; otherwise, we will provide reasonable notice.

6. Confidentiality and Intellectual Property

All Confidential Information shared by us, you, or other participants must remain confidential and used only under this Agreement. Obligations survive termination for 5 years.

All materials we provide (e.g., training, funnels, scripts, AI models, templates) remain our property. You may not copy, resell, distribute, or share our systems with third parties without written consent. Unauthorized use or infringement may result in termination and legal action.

7. Guarantees and Performance Commitments

Some packages may include performance guarantees (e.g., minimum leads or ROI) as specified in your Order Form. Guarantees are valid only if your obligations (ad spend, data provision, responsiveness) are met.

Where a guarantee applies, remedies may include extended service periods or service credits, not cash refunds, unless otherwise stated. Except where explicitly written, Services are provided on a best-efforts basis with no guaranteed results.

8. Disclaimers

We do not guarantee specific financial outcomes or profitability unless stated in your Order Form. Services do not constitute legal, financial, tax, or medical advice. Performance may be affected by market conditions, client responsiveness, and third-party platform changes (e.g., Facebook, Google).

9. Limitation of Liability

We are not liable for indirect, incidental, or consequential damages, including lost profits or revenue. Our total liability will not exceed the fees paid in the 3 months prior to the claim.

We are not responsible for delays or failures caused by third parties, platform policies, or Force Majeure events. This limitation does not apply to willful misconduct, gross negligence, or violations of law.

10. Privacy and Data

We process client-provided data only for delivering and improving Services, in compliance with applicable laws (e.g., CCPA). We comply with all applicable CCPA requirements, including those related to Automated Decision-Making Technology (ADMT) such as risk assessments and opt-out options where required.

• AI Training Data: Used solely for your campaigns unless you authorize otherwise.
• Security: We use reasonable measures (e.g., encryption, access controls).
• Breach Notification: In case of a data breach, we will notify you within 72 hours or as required by law.
• Ownership: Client data remains your property. We hold non-exclusive rights to use it for service delivery and aggregated analytics.
• Third Parties: Data may only be shared with subcontractors bound by confidentiality or as required by law.

You are responsible for ensuring lawful collection and consent for all data you provide.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Wyoming. Disputes must first be addressed through good-faith negotiation for at least 30 days.

If unresolved, disputes will be resolved by binding arbitration under AAA commercial rules in Sheridan, Wyoming, or another mutually agreed forum. At our option, disputes may alternatively be brought in the courts of Sheridan County, Wyoming. Both parties waive jury trial rights.

The prevailing party is entitled to recover reasonable attorneys' fees and costs.

12. Termination

• By Client: You may terminate after the initial term by giving at least 5 days' written notice before the next billing date. Early termination does not entitle you to a refund.
• By Us: We may terminate immediately if you breach this Agreement, fail to pay fees, misuse our IP, or violate applicable laws.
• Effect: Upon termination, your access to Services ends. Confidentiality and data obligations survive.

13. Indemnity

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (i) your provided data or content; (ii) your breach of this Agreement; (iii) your violation of any law or third-party rights; or (iv) your misuse of the Services.

14. Entire Agreement and Miscellaneous

This Agreement and your Order Form constitute the entire agreement and supersede all prior understandings. Amendments must be in writing and signed by both parties (email/e-signatures allowed).

If any provision is found unenforceable, the remainder remains effective. Time is of the essence. Notices must be in writing via email or certified mail. We comply with all applicable laws, including anti-spam regulations (e.g., CAN-SPAM).

By engaging our Services, you confirm that you have read, understood, and agreed to these Terms of Service.