Terms of Service

1. Acceptance of Terms

By accessing or using the AI Genesis website at ai-genesis.ai ("Website") or any services provided by AI Genesis LLC ("AI Genesis," "we," "us," or "our"), including the Digital Hires platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Website or Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. "You" and "your" refer to the individual or entity accepting these Terms.

2. Description of Services

AI Genesis provides autonomous AI customer service agents ("Digital Hires") that integrate with your existing business operations. Digital Hires handle customer support, lead generation, appointment scheduling, and other conversational workflows on your behalf. The Service includes agent configuration, deployment, monitoring, analytics, and ongoing optimization.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of any account credentials provided to you.
• You agree to provide accurate, current, and complete information as required for Service configuration.
• You are responsible for all activities that occur under your account.
• You must notify AI Genesis immediately of any unauthorized use of your account.

4. Payment Terms

4.1 Standard Pricing

• Setup fee: $10,000 USD, one-time, due upon execution of the service agreement.
• Monthly subscription: $2,500 USD per month, billed on the first of each calendar month.

4.2 "$0 Until It Works" Guarantee

AI Genesis offers a performance guarantee: no monthly subscription fees are charged until the Digital Hire is deployed and actively resolving customer inquiries in your production environment ("Go-Live"). The setup fee remains due upon agreement execution to cover initial configuration and integration. Monthly billing commences on the first billing cycle following Go-Live.

4.3 General Payment Terms

• All fees are in USD and non-refundable except as expressly stated.
• Invoices are payable within 30 days of issuance. Late payments accrue interest at 1.5% per month.
• AI Genesis reserves the right to adjust pricing with 60 days' written notice.
• Custom pricing may apply for enterprise deployments, as agreed in a separate order form.

5. Intellectual Property

5.1 AI Genesis Platform

AI Genesis retains all right, title, and interest in and to the Digital Hires platform, including all software, algorithms, models, interfaces, documentation, and underlying technology. Nothing in these Terms transfers ownership of the platform or any intellectual property rights to you.

5.2 Client Data

You retain all right, title, and interest in your data, including knowledge bases, business information, and conversational data generated through your deployment ("Client Data"). AI Genesis does not claim ownership of Client Data.

6. Data Ownership and Licensing

You grant AI Genesis a limited, non-exclusive, non-transferable license to use Client Data solely for the purpose of providing, maintaining, and improving the Service during the term of your agreement. This license terminates upon contract termination, and all Client Data will be deleted in accordance with our Privacy Policy.

AI Genesis may use aggregated, de-identified data that cannot reasonably be used to identify you or your customers to improve the platform's overall performance and capabilities.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Transmit harmful, threatening, abusive, defamatory, or otherwise objectionable content.
• Attempt to reverse-engineer, decompile, or disassemble any part of the platform.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to build a competing product or service.
• Resell, sublicense, or redistribute access to the Service without prior written consent.

8. Service Level Agreement

AI Genesis commits to a 99.9% uptime SLA for the Digital Hires platform, measured monthly. Uptime excludes scheduled maintenance windows (communicated at least 48 hours in advance) and force majeure events.

In the event of a breach of the uptime commitment, you may be eligible for service credits as defined in your service agreement. Service credits are your sole and exclusive remedy for downtime.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI GENESIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

AI GENESIS'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AI GENESIS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless AI Genesis and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any applicable law, or (d) your Client Data.

11. Termination

• Either party may terminate the agreement with 30 days' written notice.
• AI Genesis may terminate immediately if you breach these Terms and fail to cure within 15 days of written notice.
• Upon termination, your access to the Service will cease, and all Client Data will be deleted within 30 days. You may request a data export prior to termination.
• Sections that by their nature should survive termination will survive, including intellectual property, limitation of liability, indemnification, and dispute resolution.

12. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, USA. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

13. Changes to Terms

AI Genesis reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or a prominent notice on the Website. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Entire Agreement

These Terms, together with the Privacy Policy and any executed order forms or service agreements, constitute the entire agreement between you and AI Genesis regarding the Service. These Terms supersede all prior agreements, representations, and understandings.

16. Contact Information

For questions about these Terms of Service: