Welcome to Workflow Chairman!
This Terms of Service Agreement ("Agreement") is a legally binding contract between you ("Client," "you," or "your") and Workflow Chairman ("Company," "we," "us," or "our"), a LLC organized under the laws of the State of Wyoming.
This Agreement governs your use of our AI-powered marketing services, our website located at https://Workflowchairman.com, and any related software or platforms we provide (collectively, the "Services").
By signing up for, paying for, or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these terms, you must not use our Services.
1. Definitions
"AI Agents" refers to the AI-powered software, including AI voice agents and AI chatbots, designed to interact with your customers, manage communications, and perform automated marketing tasks.
"Client Data" means any data, information, or content provided by you to us for the purpose of training, configuring, or operating the Services. This includes customer lists, business information, scripts, and any other proprietary materials.
"Platform" refers to the software and systems, including any third-party integrations, that we use to deliver the Services.
"Service Fee" refers to the recurring monthly payments for access to the Services.
"Setup Fee" refers to the one-time fee charged for the initial configuration, training, and deployment of the AI Agents and related systems.
2. Description of Services
We provide AI-powered marketing and automation services for local businesses, which may include:
AI Voice Agents: To answer inbound calls, make outbound calls, qualify leads, and book appointments.
AI Chatbots: To engage with website visitors and social media users, answer questions, and capture leads.
Marketing Automation: To manage lead follow-up, send automated messages, and nurture customer relationships.
AI Service Limitations: You acknowledge that our AI Agents are sophisticated software tools, but they are not human. They may occasionally make errors, misunderstand queries, or fail to perform as expected. We are not liable for any damages arising from the actions, inactions, or errors of the AI Agents. The AI Agents are intended to augment your team, not to replace human oversight entirely.
3. Fees and Payment Terms
Setup Fee: A one-time, non-refundable Setup Fee is required to begin the implementation of your Services. This fee covers the initial configuration, AI training, and deployment.
Service Fee: The Services are provided on a monthly subscription basis. The recurring Service Fee will be billed automatically to your payment method on file on the first day of each billing cycle.
Late Payments: If a payment is not successfully processed, we reserve the right to suspend or terminate your access to the Services. A late fee of 1.5% per month may be applied to any overdue balance.
Price Changes: We reserve the right to modify our fees at any time. We will provide you with at least 30 days advance notice of any price changes.
4. Client Obligations and Responsibilities
Accurate Information: You agree to provide accurate and complete information about your business as required for the setup and operation of the Services.
AI Training Data: You are solely responsible for providing the Client Data necessary to train the AI Agents. You represent and warrant that you have all necessary rights to use and provide this data and that its use will not violate any applicable laws or third-party rights.
Compliance with Laws: You agree to use the Services in full compliance with all applicable local, state, and federal laws and regulations. This includes, but is not limited to, laws governing marketing, data privacy, and telecommunications, such as the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act. You are responsible for ensuring your use of AI voice and messaging services is lawful.
Oversight: You agree to periodically review the performance and communications of the AI Agents and notify us of any issues.
5. Intellectual Property Rights
Our IP: We retain all rights, title, and interest in and to our Services, the Platform, the underlying AI technology, and any software, templates, or processes developed by us. This Agreement does not grant you any ownership rights to our intellectual property.
Your IP: You retain all ownership rights to your Client Data. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify your Client Data solely for the purpose of providing the Services to you.
Generated Content: Any specific scripts, conversations, or marketing content generated by the AI Agents exclusively for your use ("Generated Content") shall be owned by you upon full payment for the Services that created it.
6. Confidentiality and Data Protection
Confidentiality: We agree to treat your Client Data as confidential information and will not disclose it to any third party except as required to provide the Services or as required by law.
Data Security: We will implement commercially reasonable security measures to protect your Client Data from unauthorized access or disclosure. However, we cannot guarantee absolute security.
Privacy Policy: Our collection and use of personal information are governed by our Privacy Policy, which is available on our website at https://Workflowchairman.com/privacy-policy.
7. Service Levels and Uptime
We will use commercially reasonable efforts to ensure the Services are available and operational. We aim for an uptime of 99.0%, excluding scheduled maintenance or downtime caused by factors beyond our reasonable control, such as issues with third-party providers or force majeure events. We do not offer service credits for downtime.
8. Third-Party Integrations
The Services may integrate with third-party platforms, such as GoHighLevel or other CRMs. While we facilitate these integrations, we are not responsible for the performance, availability, security, or support of any third-party services. Your use of such services is governed by their respective terms of service.
9. Term and Termination
Term: This Agreement begins on the date you sign up and will continue on a month-to-month basis until terminated.
Termination by You: You may terminate this Agreement at any time by providing us with 30 days written notice. Termination will be effective at the end of the current billing cycle, and you will not be charged for subsequent months.
Termination by Us: We may suspend or terminate this Agreement and your access to the Services immediately if you breach any material term of this Agreement, fail to make timely payments, or use the Services for any unlawful purpose.
Effect of Termination: Upon termination, your access to the Services will be revoked. We will maintain your Client Data for a period of 30 days after which it may be permanently deleted.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Workflow Chairman, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF THE AI AGENTS.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Workflow Chairman and its affiliates, officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your breach of this Agreement; (b) your use of the Services in violation of applicable laws; or (c) any claim that your Client Data infringes upon the rights of a third party.
12. Refund Policy
All Setup Fees are non-refundable. Service Fees are billed in advance for each month and are non-refundable for the billing period in which they are paid. If you terminate your service, you will not receive a refund for the current billing period, but you will not be charged for any future periods.
13. Dispute Resolution and Governing Law
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Sheridan, Wyoming. You agree to waive your right to a jury trial.
14. General Provisions
Entire Agreement: This Agreement constitutes the entire agreement between you and Workflow Chairman and supersedes all prior communications and proposals.
Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Notices: All notices under this Agreement must be in writing and sent to [email protected].
Modification: We may amend this Agreement from time to time. We will notify you of any material changes by posting the new terms on our website or by sending you an email. Your continued use of the Services after such notice constitutes your acceptance of the new terms.
Contact Information:
If you have any questions about this Agreement, please contact us at [email protected].