Detailers AI Terms of Service.

I. Introduction

These Terms of Service ("Terms") set forth the legally binding agreement between Detailers AI ("Company") and any individual or entity ("User") who accesses or uses the Company's services or products ("Services"). By accessing or using the Services, User agrees to be bound by these Terms and to comply with all applicable laws and regulations.

II. Use of Services

User represents and warrants that they are at least 18 years old and have the legal capacity to enter into these Terms. User agrees to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. User is solely responsible for all activities conducted through their account and for the content of any information submitted through the Services.

User shall not use the Services to: (a) violate any applicable laws or regulations, (b) infringe upon any third-party rights, (c) transmit any viruses or other harmful code, (d) engage in any fraudulent or deceptive activities, or (e) interfere with the operation of the Services or any other users' use of the Services.

III. Privacy and Data Collection

The Company's collection, use, and disclosure of User's personal information is governed by the Company's privacy policy ("Privacy Policy"), which is incorporated into these Terms by reference. By using the Services, User agrees to the terms of the Privacy Policy. The Company may collect personal and business data from User and User's clients in connection with User's use of the Services. The Company uses this data to provide and improve the Services, and to comply with applicable laws and regulations.

The Company takes reasonable measures to protect User's personal and business data from unauthorized access, use, or disclosure. However, the Company cannot guarantee the security of User's data, and User is responsible for taking reasonable measures to protect their own data.

IV. Payments and Billing

User agrees to pay all fees and charges associated with their use of the Services, in accordance with the pricing and payment terms set forth in the Company's payment and billing policies. User is responsible for providing accurate and complete billing and contact information to the Company.

The Company reserves the right to change its pricing and payment policies at any time, upon notice to User. If User does not agree to the changes, User may cancel their use of the Services.

V. Intellectual Property

The Company retains all intellectual property rights in and to the Services and all content and materials provided through the Services. User agrees not to copy, reproduce, modify, distribute, or create derivative works based on the Services or any content or materials provided through the Services, except as expressly authorized by the Company.

User agrees not to infringe upon any third-party intellectual property rights in connection with their use of the Services.

VI. Warranties and Disclaimers

The Services are provided "as is" and without warranty of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Services will meet User's requirements, be uninterrupted or error-free, or that any defects in the Services will be corrected.

User acknowledges and agrees that their use of the Services is at their own risk, and that the Company will not be liable for any damages or losses arising from User's use of the Services or their reliance on any information provided through the Services.

VII. Termination and Cancellation

The Company may terminate or suspend User's use of the Services at any time, for any reason, without notice or liability to User. User may cancel their use of the Services at any time, by providing notice to the Company in accordance with the Company's cancellation policies.

Upon termination or cancellation of User's use of the Services, User's account and access to the Services will be immediately terminated, and User's data may be deleted from the Company's systems.

VIII. Limitation of Liability

In no event will the Company be liable to User or any third party for any indirect, special, consequential, or punitive damages, including, but not limited to, lost profits, lost data, or business interruption, arising from User's use of the Services or any content or materials provided through the Services.

The total liability of the Company to User for any and all claims arising from User's use of the Services or any content or materials provided through the Services, whether in contract, tort, or otherwise, will be limited to the amount paid by User to the Company for their use of the Services during the twelve (12) months preceding the claim.

IX. Governing Law and Dispute Resolution

These Terms and User's use of the Services will be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any principles of conflicts of law.Any dispute arising from or relating to these Terms or User's use of the Services will be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association. The arbitration will take place in Delaware, and will be conducted in English.

X. Miscellaneous

These Terms constitute the entire agreement between User and the Company regarding their use of the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between User and the Company. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

User may not assign these Terms, or any rights or obligations under these Terms, without the prior written consent of the Company. The Company may assign these Terms, or any rights or obligations under these Terms, at any time without notice to User.

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

XI. Contact Information

If User has any questions about these Terms or the Services, they may contact the Company by email at [email protected].

XII. Card Authorization

By using the Services, User authorizes Detailers AI to automatically bill their credit card or other authorized payment method on a recurring basis for the amount specified by User in their account settings. This recurring billing will continue until User cancels their subscription in accordance with Section 7 (Cancellation) of these Terms.

User represents and warrants that they are authorized to use the payment method provided for billing purposes, and that all billing information provided is accurate and complete. If User's credit card or other authorized payment method is declined, User agrees to provide Detailers AI with a new payment method within ten (10) days of notification of the declined payment. Detailers AI reserves the right to suspend User's access to the Services until payment is received.

User may cancel their subscription at any time by following the cancellation procedures set forth in Section 7 (Cancellation) of these Terms. By agreeing to these Terms, User acknowledges and agrees to the recurring billing terms set forth in this section.  

XIII. Account and Data Management

Modification of Account Information. Detailers AI reserves the right to modify or delete any account information or data stored on its platform, including but not limited to user login credentials, billing information, and other user preferences. Detailers AI may also delete user accounts entirely for any reason, without prior notice.

Modification of User Data. Detailers AI may modify or delete any user data stored on its platform, including but not limited to customer and lead data, appointments, calls, and messages. Detailers AI may also modify or delete user data if it is in violation of these Terms of Service or any applicable law or regulation.

Reactivation of User Data. Detailers AI may reactivate any deleted user data, including but not limited to customer and lead data, appointments, calls, and messages. Detailers AI is not responsible for retaining or restoring any user data after a user's account is deleted.

By using the Services, User acknowledges that they have read, understand, and agree to be bound by these Terms.