These Terms of Service (“Terms”) are a binding agreement between The AI Agency, USA, Inc. (“Company,” “we,” “us,” or “our”) and the individual or entity accessing our website at theaiagencyusa.com (the “Site”) or using our services (“you”). Our services include Voice AI agents, custom application and CRM development, AI audits, automations, consulting, and related offerings (collectively, the “Services”).
BY ACCESSING THE SITE OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS THE SITE OR USE THE SERVICES.
Paid engagements are governed by a Master Services Agreement, Statement of Work, proposal, or similar written agreement executed between the Company and the client (each, a “Client Agreement”). If there is a conflict between these Terms and a Client Agreement, the Client Agreement controls for that engagement. Our Fulfillment Policy and Privacy Policy are incorporated into these Terms by reference.
The Site and Services are intended for business use by individuals who are at least 18 years of age and have authority to bind the business they represent. By using the Site or Services, you represent that you meet these requirements.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for its intended purpose. You shall not:
We may suspend or terminate access for any use that we reasonably determine violates these Terms, harms the Services, or exposes us, our clients, or others to risk, and we may pursue all available legal remedies.
(a) Content. You may provide input to the Services (“Input”) and receive output generated by the Services (“Output”; together with Input, “Content”). As between the parties and to the extent permitted by law, you own your Input. Subject to your compliance with these Terms and payment of all applicable fees, we assign to you our right, title, and interest in and to the Output generated for you. We may use Content as necessary to provide and maintain the Services, comply with law, and enforce our policies.
(b) No training on your data. We do not use your Content to train third-party foundation models, and we contractually restrict our AI infrastructure vendors from doing so, except as expressly agreed in writing.
(c) Similarity. Due to the nature of machine learning, output generated for other users may be similar or identical to your Output; responses generated for other users are not your Content.
(d) Accuracy; human review. Artificial intelligence is probabilistic and may produce inaccurate output. You are responsible for evaluating the accuracy and fitness of any Output for your use case, including through human review. AI Output is not legal, medical, financial, or other professional advice.
Calls to or from our phone numbers may be answered or placed by AI agents and may be recorded and transcribed as described in our Privacy Policy. Where notice is given as required by applicable law, your continued participation in a call constitutes consent. If you request that we contact you by phone or text, you consent to receiving such communications, including through automated technology; you may opt out at any time. Clients deploying Voice AI through us are solely responsible for their own compliance with call-recording, telemarketing, and consumer-protection laws applicable to their use, and we provide configuration support for required disclosures.
Fees for paid Services are set forth in the applicable Client Agreement or published offer. Unless otherwise stated in a Client Agreement: fees are quoted and payable in U.S. dollars; setup fees and deposits are due before work begins; usage-based charges (such as Voice AI minutes and telephony) are billed as incurred or in advance as specified; and delivery, cancellation, and refund terms are governed by our Fulfillment Policy.
We retain all right, title, and interest in and to our pre-existing and independently developed intellectual property, including our methodologies, frameworks, templates, prompts, configurations, software libraries, and know-how (“Company IP”). Ownership of custom deliverables is set forth in the applicable Client Agreement; unless otherwise agreed, upon full payment the client owns the custom deliverable code created specifically for the client, and the Company grants the client a perpetual, non-exclusive license to any embedded Company IP reasonably necessary to use the deliverables. The Site and its content, trademarks, and branding are owned by the Company and may not be used without our prior written consent.
Each party agrees to protect the other party’s non-public business, technical, and financial information with at least reasonable care, to use it only as needed to perform under these Terms or a Client Agreement, and not to disclose it to third parties except to personnel and contractors bound by confidentiality obligations, or as required by law.
The Services interoperate with third-party platforms and providers (including, without limitation, telephony carriers, AI model providers, and hosting providers). Such third-party services are governed by their own terms and policies, and we are not responsible for their acts, omissions, outages, or changes. Service levels for third-party platforms, where applicable, are addressed in Client Agreements.
EXCEPT AS EXPRESSLY PROVIDED IN A CLIENT AGREEMENT, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE OR COMPLETE. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, HOWEVER ARISING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE PAID NOTHING IN THAT PERIOD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, demands, damages, and expenses (including reasonable attorneys’ fees) asserted by a third party arising out of your use of the Site or Services in violation of these Terms or applicable law, your Content, or your breach of these Terms, except to the extent caused by the Company’s own intentional misconduct or gross negligence.
(a) Informal resolution first. Before filing a claim, you agree to contact us at info@theaiagencyusa.com and attempt in good faith to resolve the dispute informally for thirty (30) days.
(b) Binding arbitration. Except for small-claims matters and claims for injunctive relief to protect intellectual property or confidential information, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, seated in Clark County, Nevada. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Class action waiver. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles, and, where applicable, the Federal Arbitration Act.
These Terms apply for as long as you access the Site or use the Services. We may suspend or terminate your access at any time for violation of these Terms. Sections that by their nature should survive termination (including Sections 4, 7, 8, and 10 through 16) shall survive.
These Terms, together with the Privacy Policy, Fulfillment Policy, and any Client Agreement, constitute the entire agreement between the parties regarding their subject matter. You may not assign these Terms without our prior written consent; we may assign them without restriction. If any provision is held unenforceable, the remainder shall remain in effect. Our failure to enforce a provision is not a waiver. Notices to the Company must be sent to the address or email below. We may revise these Terms from time to time; the current version will always be posted on this page with its Effective Date, and material changes will be communicated as required by law. Continued use after the Effective Date constitutes acceptance.
The AI Agency, USA, Inc.
7848 W. Sahara Ave, Suite 504
Las Vegas, NV 89117
info@theaiagencyusa.com · +1 (725) 999-0279