Terms & Conditions

We provide AI voice call handling, SMS/MMS messaging assistance, website design and hosting support, and related marketing and automation services. The exact deliverables, features, and limits for your account are those described in the plan you purchase or in a written proposal or order form we agree to with you. We may improve, change, or retire features over time; if a change materially reduces what you paid for, we will tell you in advance.

You must be at least 18 years old and authorized to enter into this agreement for your business. You are responsible for the accuracy of the information you give us, for the security of any credentials or accounts you connect to us, and for all activity carried out through your account.

• Subscription plans are billed in advance on a recurring monthly basis at the price shown at checkout, and renew automatically until cancelled.
• Payments are processed by Stripe. By purchasing, you authorize recurring charges to your chosen payment method and agree to Stripe's terms as our payment processor.
• Prices exclude applicable taxes, carrier fees, telephony usage charges, domain registration, and third-party software costs unless your plan states otherwise.
• Failed or reversed payments may result in suspension of Services after notice. You are responsible for amounts owed for Services already delivered.
• We may change pricing for future billing periods with at least 30 days' notice.

You may cancel a monthly subscription at any time; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law, fees already paid are non-refundable, including for partial months and for one-time setup, design, or build work that has begun. We may suspend or terminate Services for non-payment, abuse, or breach of these Terms.

• Provide timely content, approvals, access, and accurate business information we need to deliver the Services.
• Obtain and maintain all consents required to contact your customers by call or text, including prior express written consent where required.
• Ensure the content you supply (logos, images, copy, offers) is accurate, lawful, and yours to use.
• Comply with all laws that apply to your business and industry.

Calls and messages sent through our Services must comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and call-recording laws, CTIA messaging principles, and the rules of our telephony providers (including Twilio).

• Recipients must be able to opt out at any time. Replying STOP ends messages; HELP returns help information. Message and data rates may apply, and message frequency varies.
• Consent to receive messages is never a condition of purchase.
• Mobile phone numbers and consent data are not sold or shared with third parties for their own marketing purposes.
• You may not use the Services for prohibited content categories, including high-risk financial offers, illegal substances, adult content, or deceptive messaging.

We may pause or terminate messaging on your account immediately if a carrier, regulator, or provider flags it, or if we reasonably believe it violates these rules.

You agree not to use the Services to:

• Send spam, harassing, fraudulent, defamatory, or unlawful communications.
• Impersonate another person or business, or misrepresent an AI agent as a human when asked.
• Infringe intellectual property, privacy, or publicity rights.
• Attempt to breach, reverse engineer, overload, or disrupt our systems or those of our providers.
• Resell or sublicense the Services without our written permission.

Our voice and messaging tools use automated and AI systems. Output can be inaccurate or unexpected, and the Services are not a substitute for professional advice or for human judgment in urgent, medical, legal, or emergency situations. You are responsible for reviewing configurations, scripts, and published content, and for the results of communications sent on your behalf. Our AI systems must never be used to handle emergency calls.

We retain ownership of our software, prompts, workflows, templates, and underlying technology. You retain ownership of your business content, trademarks, and customer data. On full payment, you receive a perpetual license to use the final website deliverables produced for you. While your subscription is active you have a non-exclusive, non-transferable license to use our Services. We may reference your business name and logo as a client unless you tell us not to.

The Services rely on third parties such as Twilio, Stripe, hosting providers, email providers, and AI model providers. Their availability, terms, and pricing are outside our control, and we are not responsible for their acts or outages. Your use of those services through us is also subject to their terms.

We work to keep the Services running reliably but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and outages may occur due to factors beyond our control, including carrier, network, or provider failures.

Except as expressly stated, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific business results, lead volume, bookings, revenue, or search engine rankings.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption. Our total liability for any claim relating to the Services is limited to the amounts you paid us for the Services in the three months before the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless Kagan AI LLC and its owners and personnel from claims, damages, penalties, and reasonable legal fees arising from your content, your customer lists and consent practices, your use of the Services, or your violation of these Terms or applicable law, including TCPA and messaging claims.

These Terms apply while you use the Services. Either party may terminate for convenience at the end of a billing period, or immediately for material breach that is not cured within 10 days of notice. On termination, your access ends, and we may delete account data after a reasonable period consistent with our Privacy Policy. Sections that by their nature should survive (fees owed, IP, disclaimers, liability, indemnity, disputes) survive termination.

These Terms are governed by the laws of the State of Maine, without regard to conflict of law rules. The parties will first try in good faith to resolve any dispute informally by contacting each other. Any unresolved dispute will be brought exclusively in the state or federal courts located in the State of Maine, and each party consents to that jurisdiction.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above, and material changes will apply to your next billing period. Continuing to use the Services after an update means you accept the revised Terms.

Kagan AI LLC
York, Maine, United States
max@kaganagency.com
(858) 997-4618