Terms of Service
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Welcome to Orbit AI Automation. These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("Services"). By using our Services, you agree to be bound by these Terms.
Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you:
- Are at least 18 years of age
- Have the legal authority to enter into these Terms
- If acting on behalf of a business, have the authority to bind that business to these Terms
- Are located in the United States or Canada
2. Description of Services
Orbit AI Automation provides AI-powered automation solutions for automotive dealerships, including but not limited to:
- 24/7 AI lead qualification and response
- Automated appointment scheduling
- Lead reactivation campaigns
- Review monitoring and response
- CRM integration and data management
The specific features and functionality available to you depend on your service plan and agreement.
3. Account Registration
To use certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your login credentials confidential
- Be responsible for all activities under your account
- Notify us immediately of any unauthorized access
4. Fees and Payment
4.1 Pricing Structure
Our Services are provided on a paid basis, which typically includes:
- One-Time Setup Fee: Charged at the commencement of services for implementation and configuration
- Monthly Retainer: Either a fixed monthly fee or a percentage of attributable profit, as agreed in your service agreement
4.2 Payment Terms
Unless otherwise specified in your service agreement:
- Setup fees are due upon signing
- Monthly fees are billed in advance on a recurring basis
- All fees are in U.S. dollars or Canadian dollars as specified
- Payments are due within 15 days of invoice date
4.3 Late Payments
We reserve the right to suspend Services for accounts with payments overdue by more than 30 days.
5. Money-Back Guarantee
We offer a 30-day money-back guarantee on our Services. If you are not satisfied within the first 30 days of service activation, you may request a full refund of monthly fees paid (setup fees may be non-refundable, as specified in your agreement).
To request a refund, contact us at contact@yourorbitai.com within the 30-day period.
6. Cancellation
6.1 Your Right to Cancel
You may cancel your subscription at any time by providing written notice to us. Upon cancellation:
- Your access to Services will continue until the end of the current billing period
- No refunds will be provided for partial months (except under the 30-day guarantee)
- Your data will be retained for one (1) month after cancellation, then permanently deleted
6.2 Our Right to Terminate
We may suspend or terminate your access to Services immediately if you:
- Violate these Terms
- Fail to pay fees when due
- Engage in fraudulent or illegal activity
- Use the Services in a manner that could harm us or other users
7. Acceptable Use
You agree NOT to use our Services to:
- Violate any applicable laws or regulations
- Send spam, unsolicited messages, or engage in harassment
- Transmit malware, viruses, or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Reverse engineer, decompile, or disassemble our technology
- Use the Services for any purpose other than their intended business use
- Misrepresent AI-generated communications as human-generated where required by law
8. Intellectual Property
8.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to software, algorithms, text, graphics, logos, and trademarks, are owned by Orbit AI Automation and are protected by intellectual property laws.
8.2 Your Content
You retain ownership of any data, content, or materials you provide to us ("Your Content"). By using our Services, you grant us a limited, non-exclusive license to use, process, and store Your Content solely for the purpose of providing the Services.
8.3 Feedback
If you provide us with feedback, suggestions, or ideas, we may use them without any obligation to compensate you.
9. Data and Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of data as described in the Privacy Policy.
10. Confidentiality
We agree to keep your business information and data confidential. We will not disclose your confidential information to third parties except:
- To service providers who need it to perform services (under confidentiality obligations)
- If required by law or legal process
- With your written consent
11. Disclaimers
11.1 "As Is" Basis
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 AI Limitations
You acknowledge that:
- AI systems may occasionally produce inaccurate, incomplete, or inappropriate responses
- AI responses should not be considered professional advice (legal, financial, etc.)
- Human oversight of AI-generated communications is recommended
- We continuously work to improve accuracy but cannot guarantee error-free operation
11.3 No Guaranteed Results
While we strive to help dealerships improve their lead conversion and customer engagement, we do not guarantee specific results, including but not limited to increased sales, appointments, or revenue.
11.4 Third-Party Services
Our Services may integrate with third-party platforms (CRMs, phone systems, etc.). We are not responsible for the availability, accuracy, or functionality of third-party services.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- ORBIT AI AUTOMATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
- OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).
13. Indemnification
You agree to indemnify, defend, and hold harmless Orbit AI Automation, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content or data you provide through the Services
14. Compliance with Laws
You are responsible for ensuring your use of the Services complies with all applicable laws, including but not limited to:
- Telephone Consumer Protection Act (TCPA) and Canadian Anti-Spam Legislation (CASL)
- State and provincial telemarketing laws
- Data protection and privacy laws
- Consumer protection regulations
- Industry-specific regulations applicable to automotive dealerships
15. Service Level and Availability
We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may temporarily suspend Services for:
- Scheduled maintenance (with reasonable advance notice when possible)
- Emergency repairs or security updates
- Circumstances beyond our reasonable control
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on our website
- Updating the "Last updated" date
- Sending email notification for significant changes
Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.
18. Dispute Resolution
Before initiating any legal proceedings, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved through good-faith discussion.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any service agreements, constitute the entire agreement between you and Orbit AI Automation.
19.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
19.3 Waiver
Our failure to enforce any right or provision shall not be deemed a waiver of that right or provision.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
20. Contact Information
If you have questions about these Terms, please contact us:
Orbit AI Automation
Windsor, Ontario, Canada
Email: contact@yourorbitai.com
Phone: +1 (650) 585-3325