1. DEFINITIONS
For clarity, the following definitions apply throughout these Terms of Service:
“Company,” “we,” “us,” “our” means ætherwing marketing, a sole proprietorship operating in Alberta, Canada.
“Client,” “you,” “your” means any individual or business engaging our Services.
“Services” means AI voice agents, AI chatbots, marketing automation systems, integrations, and related digital marketing services.
“AI Systems” means artificial intelligence–powered tools, workflows, scripts, automations, and configurations implemented on your behalf.
“Platform” means third-party software and services we use or integrate with, including but not limited to GoHighLevel, OpenAI, telephony providers, SMS providers, and email platforms.
2. ACCEPTANCE OF TERMS
By accessing or using our Services, you agree to be bound by these Terms of Service. If you do not agree, you must not use our Services.
We may update these Terms from time to time. Changes become effective once posted on our website. Continued use of our Services constitutes acceptance of the updated Terms.
3. SERVICES DESCRIPTION
3.1 What We Provide
We provide:
AI voice agent implementation and management
AI chatbot setup and deployment
Marketing automation and workflow systems
Integration with third-party platforms
Ongoing support, monitoring, and maintenance
3.2 What We Do Not Guarantee
While we strive for high-quality service, we do not guarantee:
Specific business results, revenue increases, or lead volume
Error-free AI responses
Compatibility with every existing system
Continuous or uninterrupted availability
AI technology involves inherent limitations and variability.
4. PAYMENT TERMS
4.1 Fees
Fees may include:
Setup Fees: One-time charges for initial configuration and implementation
Monthly Recurring Fees: Ongoing service fees as outlined in your service agreement
Third-Party Costs: Usage-based fees for phone calls, SMS, email sending, or platform subscriptions, which may be passed through or billed separately
4.2 Payment Schedule
Setup fees are due before work begins
Monthly fees are billed in advance on the 1st of each month
Payments are processed via Stripe or PayPal
Late payments may incur interest at 2% per month or the maximum rate permitted by law, if lower.
4.3 Refund Policy
Setup fees are non-refundable once work has begun
Monthly fees are non-refundable, but future billing may be canceled
Third-party platform costs are non-refundable
If you are dissatisfied, please contact us so we can attempt a reasonable resolution.
5. CLIENT RESPONSIBILITIES
5.1 AI Training Data
You agree to:
Provide accurate and lawful information for AI training
Review and approve scripts, responses, and workflows
Notify us of business changes that may affect AI performance
Ensure training data does not violate laws or third-party rights
5.2 System Access
You agree to:
Provide necessary access to platforms and accounts
Maintain the security of login credentials
Notify us of unauthorized access
Cooperate during setup and integrations
5.3 Legal Compliance
You are solely responsible for:
Obtaining required customer consents
Complying with telecommunications, anti-spam, and privacy laws
Using our Services only for lawful purposes
6. INTELLECTUAL PROPERTY
6.1 Our Intellectual Property
Our AI systems, configurations, workflows, and proprietary methods remain our property
You are granted a limited, non-transferable license to use these systems only while services are active
You may not copy, reverse engineer, resell, or redistribute our systems
6.2 Your Intellectual Property
You retain ownership of your business data, customer data, and content
You grant us a limited license to use your data solely to provide Services
6.3 AI-Generated Content
AI outputs are generated based on your inputs and training data
You are responsible for reviewing and approving AI interactions
We do not claim ownership over customer conversations generated through your AI systems
7. DATA PRIVACY AND SECURITY
7.1 Data Handling
We handle data in accordance with our Privacy Policy and applicable data protection laws, including PIPEDA and Alberta PIPA, and other laws as applicable based on use and jurisdiction.
We implement commercially reasonable security measures, but no system is completely risk-free.
7.2 Call Recording and Transcripts
AI voice agents may record calls for quality and training
You are responsible for informing customers and obtaining consent
Recordings are stored securely and retained per our policies
You may request access to or deletion of recordings where applicable
8. SERVICE LEVEL AND SUPPORT
8.1 Availability
We make commercially reasonable efforts to maintain service availability. Downtime may occur due to:
Scheduled maintenance
Third-party platform outages
Events beyond our control
8.2 Support
Email support during business hours (Monday–Friday, 9 AM–5 PM MST)
Typical response time within one business day
Emergency support may be available at our discretion
9. THIRD-PARTY INTEGRATIONS
9.1 Platforms
Our Services rely on third-party platforms. You acknowledge that:
These platforms have independent terms and policies
We do not control their availability or changes
Platform outages or changes may affect our Services
9.2 Client Responsibility
You are responsible for complying with third-party terms
Platform subscription and usage costs are separate from our fees
You are responsible for securing your platform accounts
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 Disclaimer of Warranties
Our Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose or non-infringement.
10.2 AI-Specific Limitations
You acknowledge that:
AI may generate incorrect or incomplete information
AI cannot replace human judgment or oversight
You remain responsible for customer service outcomes
10.3 Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, or consequential damages
We are not liable for lost profits, lost data, or business interruption
Our total liability shall not exceed the total fees you paid in the three (3) months preceding the event giving rise to the claim
11. INDEMNIFICATION
You agree to indemnify and hold us harmless from claims arising out of:
Your use of the Services
Your violation of laws or regulations
Content you provide for AI training
Your customer communications and interactions
12. TELECOMMUNICATIONS AND COMMUNICATION COMPLIANCE
12.1 Applicable Regulations
You are responsible for compliance with:
Canada’s Anti-Spam Legislation (CASL)
CRTC regulations
Do Not Call List requirements
Call recording and consent laws
12.2 Your Obligations
You must:
Obtain required consent before contacting customers
Provide opt-out mechanisms
Honor unsubscribe requests
Maintain required records
13. TERMINATION
13.1 Termination by You
You may cancel with 30 days’ written notice
Final month’s fees remain payable
Setup fees are non-refundable
13.2 Termination by Us
We may terminate immediately if you:
Fail to pay fees
Violate these Terms
Use Services unlawfully
Breach communication regulations
13.3 Effect of Termination
Access to AI systems will be disabled
Your data will be available for up to 30 days
Outstanding fees remain due
14. FORCE MAJEURE
We are not liable for failure or delay caused by events beyond our reasonable control, including platform outages, regulatory changes, natural disasters, or internet disruptions.
15. DISPUTE RESOLUTION
15.1 Informal Resolution
Please contact us first at [email protected] to attempt informal resolution.
15.2 Arbitration
If unresolved:
Disputes will be resolved through binding arbitration
Arbitration will take place in Alberta, Canada
Alberta law governs these Terms
15.3 Injunctive Relief
Either party may seek court relief for intellectual property or confidentiality breaches.
16. GENERAL PROVISIONS
These Terms constitute the entire agreement
Invalid provisions do not affect remaining terms
Failure to enforce rights is not a waiver
You may not assign rights without consent
17. CONTACT INFORMATION
ætherwing marketing
Alberta, Canada
Email: [email protected]
Website: aetherwingmarketing.com
End of Terms Of Service