TERMS OF SERVICE AGREEMENT

Raeka Marketing

Effective Date: 08/08/2025
Last Updated: 08/09/2025

1. COMPANY INFORMATION

Company Name: Raeka Marketing
Business Type: Sole Proprietorship
State of Operation: California, United States
Website: raekamarketing.com
Contact Email: [email protected]

2. ACCEPTANCE OF TERMS

By signing our service agreement, making a payment, or using any of our services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you don't agree with these Terms, please don't use our services.

These Terms apply to all services provided by Raeka Marketing, including but not limited to AI voice agents, AI chatbots, marketing automation, and related digital marketing services.

3. DEFINITIONS

"AI Services" means artificial intelligence-powered voice agents, chatbots, and automated systems we create and deploy for your business.

"Client Data" means all information, content, and data you provide to us for training and operating your AI systems.

"Service Agreement" means the specific contract outlining your chosen services, pricing, and implementation details.

"Third-Party Platforms" means external software and services we integrate with, such as GoHighLevel, telephony providers, and other business tools.

"Uptime" means the percentage of time your AI services are operational and accessible.

4. SERVICES PROVIDED

4.1 AI Voice Agents

We design, build, and deploy AI-powered voice agents that can handle phone calls for your business, including customer service, appointment scheduling, and lead qualification.

4.2 AI Chatbots

We create AI chatbots for your website, social media, and messaging platforms to engage with your customers automatically.

4.3 Marketing Automation

We set up and manage automated marketing systems to help you attract, nurture, and convert leads.

4.4 AI Service Limitations

Important: Our AI services are designed to assist and automate routine business tasks. However:

AI responses may not always be perfect or appropriate for every situation

AI cannot replace human judgment in complex or sensitive matters

AI performance depends on the quality of training data you provide

We cannot guarantee specific business outcomes or results from AI implementation

5. PAYMENT TERMS

5.1 Setup Fees

One-time setup fees are due before we begin work on your project. Setup fees are non-refundable once work has commenced.

5.2 Monthly Recurring Fees

Monthly service fees are billed in advance and are due on the same date each month. Payment is due within 5 days of the invoice date.

5.3 Late Payments

If payment is more than 10 days late, we may suspend your services until payment is received. A $25 late fee will be applied to overdue accounts.

5.4 Payment Methods

We accept credit cards, bank transfers, and ACH payments. You authorize us to charge your payment method automatically for recurring fees.

6. CLIENT RESPONSIBILITIES

6.1 AI Training Data

You are responsible for:

Providing accurate, complete, and up-to-date information about your business

Supplying training data that represents how you want your AI to respond

Ensuring all data you provide is legally yours to share

Reviewing and approving AI responses before going live

6.2 Account Access

You must provide necessary access to your business systems, accounts, and platforms for us to implement and maintain your AI services.

6.3 Compliance

You are responsible for ensuring your use of our AI services complies with all applicable laws and regulations in your industry and location.

7. INTELLECTUAL PROPERTY

7.1 AI Systems Ownership

The underlying AI technology, code, and systems we develop remain our intellectual property. However, you own:

Your business data and content

Customizations specific to your business

Training data you provide

7.2 Client Content

You retain ownership of all content, data, and materials you provide to us. By using our services, you grant us a limited license to use this content solely for providing your AI services.

7.3 Usage Rights

During your service period, you have the right to use your customized AI system. Upon termination, we will provide you with reasonable assistance to transition away from our services.

8. DATA PRIVACY AND SECURITY

8.1 Data Protection

We implement industry-standard security measures to protect your data and your customers' information. This includes encryption, secure servers, and access controls.

8.2 Data Usage

We only use your data to:

Provide and improve your AI services

Train your specific AI systems

Provide customer support

Comply with legal requirements

8.3 Data Retention

We retain your data only as long as necessary to provide services. Upon termination, we will delete your data within 30 days unless legally required to retain it longer.

8.4 Privacy Compliance

Our services are designed to help you comply with privacy laws like CCPA and GDPR, but you remain responsible for your own compliance with applicable privacy regulations.

9. SERVICE LEVEL AGREEMENTS

9.1 Uptime Commitment

We strive to maintain 99% uptime for your AI services. Planned maintenance periods are excluded from uptime calculations.

9.2 Response Times

Emergency issues (service completely down): 4 hours

High priority issues (major functionality affected): 24 hours

Normal priority issues (minor issues): 72 hours

9.3 Support Hours

Technical support is available Monday through Friday, 9 AM to 6 PM Pacific Time. Emergency support is available 24/7 for critical issues.

10. THIRD-PARTY INTEGRATIONS

10.1 Platform Dependencies

Our services may integrate with third-party platforms like GoHighLevel, telephony providers, and other business tools. We are not responsible for:

Third-party platform outages or issues

Changes to third-party APIs or pricing

Data loss or issues caused by third-party platforms

10.2 Platform Costs

You are responsible for all costs associated with third-party platforms and services required for your AI implementation.

11. LIMITATION OF LIABILITY

11.1 AI-Specific Limitations

Given the nature of AI technology:

We cannot guarantee AI responses will always be appropriate or accurate

We are not liable for business decisions made based on AI recommendations

We are not responsible for customer interactions handled inappropriately by AI

Our total liability is limited to the amount you paid us in the 12 months prior to any claim

11.2 General Limitations

We are not liable for:

Indirect, incidental, or consequential damages

Lost profits or business opportunities

Data loss not caused by our negligence

Issues caused by your misuse of our services

MAXIMUM LIABILITY: Our total liability to you shall not exceed the total amount you paid us for services in the 12 months immediately preceding the event giving rise to liability.

12. TERMINATION

12.1 Termination by Client

You may terminate services with 30 days written notice. You remain responsible for all fees incurred up to the termination date.

12.2 Termination by Raeka Marketing

We may terminate services immediately if:

You fail to pay invoices after 30 days

You violate these Terms

You use our services for illegal activities

You provide false or misleading information

12.3 Effect of Termination

Upon termination:

All recurring charges stop at the end of your current billing period

You lose access to your AI systems

We will provide reasonable assistance for data export (fees may apply)

Setup fees and completed work are non-refundable

13. REFUND POLICY

13.1 Setup Fees

Setup fees are non-refundable once work has begun on your project.

13.2 Monthly Fees

Monthly fees are refundable only if:

We fail to deliver promised services within 30 days of the agreed start date

There is a material breach of this agreement by us that remains uncured for 15 days after written notice

13.3 Refund Process

Approved refunds will be processed within 10 business days to your original payment method.

14. INDEMNIFICATION

You agree to indemnify and hold harmless Raeka Marketing from any claims, damages, or expenses arising from:

Your use of our AI services in violation of these Terms

Content or data you provide that infringes on third-party rights

Your violation of applicable laws or regulations

Misrepresentation of your authority to enter into this agreement

15. COMPLIANCE WITH COMMUNICATION REGULATIONS

15.1 Telephone Regulations

Our AI voice services are designed to help you comply with regulations such as:

Telephone Consumer Protection Act (TCPA)

Federal Communications Commission (FCC) rules

State and local calling regulations

15.2 Client Responsibility

You are responsible for:

Ensuring you have proper consent before using AI to contact customers

Maintaining do-not-call list compliance

Following industry-specific communication rules

Monitoring AI interactions for compliance

15.3 Disclaimer

We provide tools to help with compliance, but you remain solely responsible for ensuring your communication practices comply with all applicable laws.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before formal proceedings, we agree to attempt to resolve disputes through good-faith negotiation for at least 30 days.

16.2 Binding Arbitration

If informal resolution fails, any disputes will be resolved through binding arbitration in California under the rules of the American Arbitration Association.

16.3 Exceptions

The following are exempt from arbitration:

Claims for intellectual property infringement

Claims seeking injunctive relief

Small claims court matters under $10,000

17. MODIFICATIONS TO TERMS

We may update these Terms periodically. We'll notify you of material changes via email at least 30 days before they take effect. Continued use of our services after changes constitutes acceptance of the new Terms.

18. GENERAL PROVISIONS

18.1 Governing Law

These Terms are governed by California state law, without regard to conflict of law principles.

18.2 Entire Agreement

These Terms, together with your Service Agreement, constitute the entire agreement between us and supersede all prior agreements.

18.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

18.4 Assignment

You may not assign your rights under this agreement without our written consent. We may assign our rights with reasonable notice to you.

18.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or internet outages.

19. CONTACT INFORMATION

For questions about these Terms or our services:

Raeka Marketing
Email: [email protected]
Website: raekamarketing.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

This document was last updated on [Insert Date]. We recommend reviewing these Terms periodically for any updates.