Terms of Service
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Agreement to Terms
By accessing or using the HerDrive AI™ platform, software, AI systems, workflows, dashboards, training materials, and related technologies ("Platform") provided by HerDrive AI LLC ("Provider," "we," "our," or "us"), you ("User" or "Client") agree to be bound by these Terms of Service. If you do not agree, do not use the Platform.
Platform Access & Eligibility
- You must be at least 18 years old and legally able to enter into contracts
- Access to the Platform is granted only to paying Clients and authorized users under an active Plan, Subscription, or Statement of Work (SOW)
- Provider may deny or revoke access at any time for violations of these Terms, non-payment, or misuse
Account Security
- User must maintain the security of their login credentials
- Provider is not responsible for unauthorized access due to User negligence
- User must immediately notify Provider of any suspected security breach
Services Description
The Platform includes, but is not limited to:
- CRM systems
- Workflows and automations
- AI agents and voice/text automations
- Pipelines and lead management
- Funnels, forms, and scheduling systems
- Dashboards and reporting
- Messaging tools (SMS, email, calls)
- Knowledge base and training content
Features may evolve, update, or be removed at Provider's sole discretion. Each project is defined in a Statement of Work ("SOW"), which binds to our Master Service Agreement.
Client Responsibilities
When using our services, you agree to:
- Provide accurate and complete business information
- Supply necessary brand materials
- Complete onboarding requirements
- Provide required platform access
- Approve assets within reasonable timelines
- Maintain A2P (Application-to-Person) compliance
- Follow all applicable messaging laws (TCPA, etc.)
- Respond to communications within reasonable timelines
Client delays may extend project timelines.
A2P, TCPA & Messaging Compliance
Client understands and agrees that:
- They must provide accurate EIN and business information
- They must use Provider-approved templates for messaging
- They are solely responsible for legal compliance with all messaging regulations
- Provider is not liable for blocked messages, carrier filters, or violations caused by Client inputs
Communications Consent
Transactional Communications: By using our services and providing your contact information, you consent to receive transactional messages from HerDrive AI, including appointment reminders, order confirmations, and service updates related to your account or requests. Message frequency may vary. Message and data rates may apply. Reply HELP for help or STOP to opt out at any time.
Marketing Communications: With your explicit consent, you may receive marketing and promotional messages and phone calls from HerDrive AI, including special offers, service updates, and new product information. Calls or messages may be delivered using automated systems, pre-recorded messages, or AI-powered voice technology. Message frequency may vary. Message and data rates may apply. You understand that you can withdraw your consent at any time by replying STOP to text messages or emailing hello@herdrive.ai.
User-Generated Content
User is responsible for all content input into the Platform. User warrants that all uploaded content:
- Is owned by the User or User has rights to use it
- Does not infringe third-party rights
- Is legal and compliant with applicable laws
Provider is not responsible for inaccurate, illegal, or harmful content supplied by the User.
Payment Terms
For paid services:
- All payments are final
- Deposits: All deposits are non-refundable
- Chargebacks: Zero chargebacks are permitted; chargebacks constitute a material breach
- Non-payment: Provider may immediately suspend or terminate platform access for non-payment
- Subscriptions: Monthly subscriptions auto-renew unless canceled according to platform instructions
Refund Policy
Zero refunds once work begins or access is granted.
Refunds apply only in the following circumstances:
- Before Kickoff (minus non-refundable deposit)
- If Provider does not deliver agreed-upon implementation milestones (7-Day Implementation waiver applies as outlined in MSA)
- By mutual written agreement before delivery
No refunds for unused time, platform access, delays caused by User, or dissatisfaction with AI behavior.
Performance Guarantee (Conditional)
The Platform includes a 30-day booking performance guarantee only if the User:
- Completes all onboarding requirements
- Connects all required systems
- Uses provided scripts and approved messaging
- Allows Provider to run systems without interference
If conditions are met and no qualified booking occurs within 30 days, Provider will continue support at no additional cost until one qualified booking is achieved.
This is not a revenue guarantee.
Intellectual Property
Provider owns all Provider IP, including but not limited to:
- AI prompts and personas
- Workflow logic and automations
- Funnels and pipelines
- Dashboards and system architecture
- Scripts, templates, and frameworks
- Training materials and proprietary technology
User receives a revocable, non-transferable license to use the Platform for their internal business only.
User may NOT:
- Copy, recreate, or reverse-engineer the system
- Sell or sublicense Provider IP
- Share access with non-authorized parties
- Build derivative works using Provider IP
- Hire a third party to replicate the system
Violation may result in immediate account termination and legal action.
AI System Disclaimer
All AI-generated outputs are delivered "AS IS," including:
- Responses and recommendations
- Drafts and messages
- Automations
- Phone calls, text messages, and emails
- Decisions or interpretations made by AI systems
Provider is not liable for:
- AI inaccuracies or hallucinations
- Misinterpretations or errors
- Business losses arising from AI content
- Compliance failures stemming from User-modified messaging
User must supervise all automated communications.
Disclaimer of Warranties
Our services are provided "as is" without warranties of any kind. While we strive to provide valuable guidance and support, we do not guarantee specific business results. Your success depends on various factors including your own efforts, market conditions, and implementation of our recommendations. Performance guarantees, if any, are subject to specific conditions outlined in your Statement of Work.
Limitation of Liability
To the fullest extent permitted by law:
Provider's total liability is capped at the amount paid in the 60 days prior to any claim.
Provider is not liable for:
- Lost revenue or profits
- Missed opportunities
- Data loss
- Third-party outages
- AI outputs or messaging failures
- Platform bugs or errors
- Business outcomes
- Delays caused by User
Non-Disparagement
Client agrees not to publish false or harmful statements about Provider, its services, employees, or representatives, whether online or offline.
Non-Solicitation
For 24 months following the end of services, Client shall not directly hire or solicit Provider employees, contractors, assistants, virtual assistants, or subcontractors.
Termination
Provider may terminate access for:
- Non-payment
- Misuse or harassment
- Violations of these Terms
- Attempts to replicate or resell Provider IP
- Illegal or unethical use of the Platform
Either party may terminate for material breach with 10 days' written notice. Upon termination, unpaid amounts remain due and your right to use the Platform will cease immediately. No refunds will be issued for terminated accounts.
Dispute Resolution
All disputes must be resolved through mediation followed by binding arbitration, unless otherwise stated in the Master Service Agreement. These Terms are governed by and interpreted under the laws of the State of Minnesota.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify you of significant changes by posting the updated terms on our website. Your continued use of our services after such changes constitutes acceptance of the new terms.
Contact Us
If you have questions about these Terms of Service, please contact us at:
hello@herdrive.ai