Service Agreement

1. Who's Who

"Provider," "we," "us," "our" — Thierry AI Services, operated by Boban Kostadinoski, sole proprietor, located in Brazil, Indiana.

"Client," "you," "your" — the business or individual subscribing to our services by checking the agreement box and completing checkout.

"Agreement" — this document, which governs our working relationship.

"End Customer" — your customers or contacts who receive automated messages sent through our systems on your behalf.

"Business Days" — Monday through Friday, excluding federal holidays observed in the United States. All notice periods in this Agreement are in calendar days unless explicitly stated as "business days."

Acceptance

By checking the box labeled "I agree to the Thierry AI Services Service Agreement" on our checkout page, you confirm that:

1. You have read, understood, and agree to be bound by this Agreement.
2. You are at least 18 years of age.
3. If you are accepting on behalf of a business, you have the legal authority to bind that business to this Agreement.
4. You understand that our services are powered by artificial intelligence as described in Section 3.

This constitutes a valid electronic signature under the Indiana Uniform Electronic Transactions Act (IC 26-2-8) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

We maintain systems designed to record your acceptance, including the date, time, your IP address, and the version of this Agreement you accepted. Such records, where available, serve as evidence of your agreement. Your acceptance is valid regardless of whether our recording systems capture every detail.

You are responsible for keeping your account email address current. All notices sent to your account email are deemed delivered whether or not you receive them, provided we send them to the email address on file. If your email changes, notify us at hello@itsthierry.com.

2. Services Description

What We Do

We set up and manage AI-powered automations for your business, which may include:

• Automated lead follow-up (text, email, or both)
• Appointment booking and reminders
• Missed-call text-back
• Review and reputation management requests
• Morning business briefings
• CRM setup and pipeline management
• Custom workflow automations based on your plan

The specific services included depend on your chosen plan (Starter, Growth, Full Stack, or Elite). Plan details are described on our website at the time of your purchase.

What We Don't Do

• We do not provide legal, financial, tax, medical, or other professional advice.
• We do not guarantee specific revenue, lead counts, or business outcomes.
• We do not manage advertising spend or run paid ad campaigns (unless specifically included in an Elite custom scope).
• We do not provide phone support. All support is via email at hello@itsthierry.com.
• We do not verify the legality of your contact lists, marketing practices, or industry-specific compliance obligations.

Your Cooperation

Successful delivery requires your timely cooperation. You agree to:

1. Provide access: Furnish necessary account access and information within 7 business days of our request.
2. Respond promptly: Respond to our communications within 5 business days.
3. Review templates: Review and approve message templates within 5 business days of our submission.
4. Keep information current: Maintain accurate contact information on your account.

If you fail to cooperate, your minimum commitment obligations remain in effect and service delays caused by your non-cooperation are not grounds for cancellation or refund. If non-cooperation persists for more than 30 days despite two written reminders, we may treat your account as abandoned, terminate your subscription, and charge any remaining commitment balance per Section 6.

3. AI Disclosure

• Automated messages are sent on your behalf by AI systems, not by a human typing each one.
• AI-generated content may occasionally contain errors or responses that don't perfectly match your brand voice.
• Results vary. AI depends on your industry, customer base, and many factors outside our control.
• AI is not a replacement for professional advice. Nothing our systems produce constitutes legal, medical, or financial guidance.
• Technology evolves. Outcomes may change over time as AI capabilities change.

End Customer Disclosure

You are responsible for ensuring your use of automated messaging complies with all applicable laws, including any requirements to disclose that messages are automated or AI-generated.

Message Template Approval

Before activating automations, we provide initial message templates for your review and approval. Once you approve a template (in writing or by email), you accept responsibility for its content.

For material changes to message content or tone, we notify you and provide 3 business days to object. If you object, we work with you to reach an acceptable version. If we cannot agree within 5 business days, the previous approved template remains in use. Minor changes (fixing typos, adjusting timing, technical formatting) do not require re-approval.

This disclosure is provided in compliance with the Indiana Deceptive Consumer Sales Act (IC 24-5-0.5).

4. Payment Terms

Plan	Monthly Fee	Minimum Commitment Total
Starter	$147/month	None (month-to-month)
Growth	$297/month	$891 (3 months)
Full Stack	$497/month	$1,491 (3 months)
Elite	$2,000/month	Per custom scope of work

Prices are in USD. We may change pricing with 30 days' written notice. Price changes do not apply during an active minimum commitment period.

Billing Cycle

You are billed monthly on the same date you first subscribed. All payments are processed automatically via the payment method you provide at checkout. Invoices are sent to the email address on your account.

Setup Fees

Some plans may include a one-time setup fee, clearly displayed at checkout. Setup fees are non-refundable once onboarding has begun.

Failed Payments

If a payment fails, we notify you by email and retry up to 3 times over 7 days. If unresolved within 7 days, we may pause your automations. If unresolved within 14 days, we may terminate your account. You remain responsible for any unpaid balance, including any remaining minimum commitment balance. Time paused due to your payment failure does not extend your commitment period.

Refund Policy

Monthly fees are non-refundable except:

1. 48-hour grace period: If your trial converts to paid and you cancel within 48 hours of the first charge, you receive a full refund — provided no automated messages were sent to your End Customers during the paid period and you have not actively used the paid dashboard. If you exercise this grace period, your minimum commitment does not begin. You may re-subscribe at any time.
2. Billing errors: Overcharges caused by our error are refunded within 30 days (see Billing Errors below).

Billing Errors

Email hello@itsthierry.com with subject "Billing Error." We respond within 5 business days. Confirmed overcharges are refunded within 30 days.

Billing Disputes — Contact Us First

5. Free Trial Terms

Applies to: Starter, Growth, and Full Stack plans only. Elite plans do not include a free trial.

• Your free trial lasts 7 calendar days from checkout.
• Automatic charge: Your payment method will be charged $147 (Starter), $297 (Growth), or $497 (Full Stack) when your trial ends unless you cancel first.
• Cancel via account dashboard, online form at itsthierry.com/cancel, or by emailing hello@itsthierry.com.
• Example: Trial starts April 7 → trial ends April 14. Cancel by 11:59 PM Eastern Time (ET) on April 13 to avoid being charged.
• We send a reminder email at least 2 days before your trial ends.
• We send a confirmation email within 24 hours of signup summarizing your plan, monthly fee, trial end date, auto-renewal terms, and how to cancel.

Auto-Renewal Disclosure

This is an automatic renewal subscription. After your trial ends, your subscription renews each month at the then-current rate until you cancel. You may cancel at any time using the methods in Section 7. This disclosure complies with applicable state auto-renewal laws including California Business and Professions Code § 17600–17606.

6. Minimum Commitment

Growth ($297/mo): 3-month minimum commitment — $891 total.
Full Stack ($497/mo): 3-month minimum commitment — $1,491 total.

The commitment period begins on the date of your first paid charge.

Early Cancellation — Liquidated Damages

If you cancel before completing your minimum commitment, or if your account is terminated for your breach:

1. The remaining balance becomes immediately due as liquidated damages. Example: cancel Growth after month 1 → $594 (2 × $297) is due immediately.
2. You authorize us to charge the remaining balance to your payment method on file.
3. Both parties agree this amount is a reasonable estimate of our damages from early termination (including setup costs and reserved capacity) and is not a penalty.

Our Material Failure

If we materially fail to deliver core services for more than 14 consecutive days due to causes within our control (excluding force majeure, your non-cooperation, or third-party outages), you may: (1) notify us in writing; (2) allow 14 days to cure; (3) if not cured, cancel without owing the remaining commitment balance, with a prorated refund for days of complete service interruption.

Elite — Default Terms

If you subscribe to Elite before a custom Scope of Work is executed: (a) services default to all Full Stack services plus up to 10 hours/month of custom development; (b) plan is month-to-month with 30 days' notice; (c) all other terms of this Agreement apply. We present a Scope of Work within 14 business days of your Elite subscription start. If we fail to do so, you may cancel with a full refund of Elite fees paid.

After the Commitment

Your plan continues month-to-month after the commitment period. Cancel anytime per Section 7.

7. Cancellation Policy

How to Cancel

1. Account dashboard: Log in → click "Cancel Subscription."
2. Online form: itsthierry.com/cancel
3. Email: hello@itsthierry.com — subject: "Cancel My Account"

Email is always available regardless of website or dashboard status. A cancellation email is deemed received when delivered to our email server, regardless of when we read it. If you don't receive a confirmation within 2 business days, resend with subject "Cancellation Not Confirmed." We confirm all cancellations within 2 business days.

Notice Period

• Starter: No notice required. Cancellation takes effect at end of current billing cycle.
• Growth / Full Stack: 15 calendar days' notice. Cancellations with fewer than 15 days remaining in the billing cycle take effect at the end of the following cycle.
• Elite: 30 calendar days' notice, or as specified in your Scope of Work.

After Cancellation

Automations deactivate at the end of your final paid period. We retain your data for 30 days — email us to request an export. After 30 days, your data is permanently deleted from active systems per Section 14.

8. Acceptable Use Policy

You may use our services to communicate with customers and contacts who have given appropriate consent. You agree NOT to use our services to:

• Send spam or messages to purchased/scraped/rented lists without proper consent
• Harass, threaten, defame, or abuse any person
• Transmit content that is illegal, fraudulent, deceptive, or misleading
• Violate TCPA, CAN-SPAM, or any other messaging law
• Impersonate another person or business
• Send messages promoting illegal products or services
• Interfere with our systems or other clients' use of our services
• Violate your industry's regulations or licensing requirements
• Attempt to reverse-engineer, copy, or extract our proprietary AI systems, workflows, or prompts

Violations: Serious violations (illegal activity, spam, harassment) result in immediate suspension without prior notice. Less serious violations: 5 business days to cure. Repeated or egregious violations result in immediate termination with no refund and any remaining commitment balance due.

9. Messaging Compliance (TCPA, CAN-SPAM)

Your Responsibilities

You are solely responsible for:

1. Obtaining proper consent from all contacts. SMS requires prior express written consent (TCPA). Email requires CAN-SPAM compliance.
2. Maintaining consent records for all contacts.
3. Honoring opt-out requests — immediately for SMS, within 10 business days for email.
4. Maintaining accurate contact lists — removing invalid or do-not-call numbers.
5. Complying with all applicable laws including TCPA, CAN-SPAM, state mini-TCPA laws, and the National Do Not Call Registry.

Our Role

We provide the technology platform. We are not the "sender" or "initiator" under TCPA, CAN-SPAM, or similar laws — you are. We act as your service provider and technology vendor. We will implement reasonable opt-out handling and provide templates for your approval. We will NOT verify your contact lists for consent or serve as your legal compliance advisor.

Violations

If we receive a complaint, legal notice, or carrier notification related to your account, we may immediately suspend messaging, require proof of consent, and terminate your account if you cannot demonstrate compliance.

10. Limitation of Liability

To the maximum extent permitted by Indiana law:

• Our total liability is limited to the total fees you paid us in the 6 months immediately preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, lost data, or business interruption.
• We are not liable for damages caused by third-party service outages (CRM, email provider, phone carrier, AI model providers), your misuse of automations, your failure to comply with messaging laws, your failure to cooperate, or events outside our reasonable control.
• Billing errors are not subject to this cap. Confirmed overcharges are refunded in full per Section 4.

In plain English: the most we'll owe you is 6 months of fees. We're not responsible for indirect losses. But billing mistakes get refunded in full — no cap.

11. Indemnification

You indemnify us from claims arising from:

1. Your violation of the Acceptable Use Policy
2. Your violation of TCPA, CAN-SPAM, or state messaging laws
3. Your use of our services in violation of any applicable law
4. Your failure to obtain or maintain proper consent
5. Any content you provide or approve for automated messages
6. Any claim by a third party arising from messages sent through our systems on your behalf

We indemnify you from claims arising from:

1. Our gross negligence or willful misconduct
2. Our breach of confidentiality obligations (Section 13)
3. A data breach caused solely by our failure to maintain reasonable security

The indemnified party must promptly notify the indemnifying party (within 15 business days of becoming aware), give sole control of defense and settlement, and provide reasonable cooperation.

12. No Guarantees / Disclaimer

We do not guarantee any specific results — no specific lead count, revenue, response rates, or ROI. Our services are provided "as is" and "as available." We do not provide an uptime guarantee or SLA. AI systems depend on third-party platforms and occasional downtime may occur.

You are responsible for reviewing and approving message templates, ensuring compliance with your industry regulations, and making your own business decisions.

13. Intellectual Property & Confidentiality

Our Systems

All AI workflows, automations, templates, prompts, processes, and proprietary systems remain our intellectual property. You receive a non-exclusive, non-transferable, revocable license during your active subscription. This license ends when your subscription ends.

Custom Work Product (Elite)

For Elite clients, custom automations built specifically for your business are "Custom Work Product." Unless your Scope of Work specifies otherwise: you receive a perpetual, non-exclusive license to the business logic and output upon payment of all fees owed. We retain ownership of the underlying systems, code architecture, reusable components, and proprietary methodologies. Upon termination, we provide documentation of the Custom Work Product's business logic upon written request.

Your Data

All business data, customer information, and content you provide remains your property. We do not claim ownership of your data. You may request an export upon cancellation (see Section 7).

Feedback

We may use general service feedback to improve our products without obligation or compensation. This does not grant us rights to your proprietary business data or trade secrets.

Confidentiality

We do not sell, share, rent, or disclose your business data or customer lists to third parties, except as required to deliver our services or as required by law. We may use anonymized, aggregated data (with no personally identifiable information and nothing that could identify your specific business) for internal analytics. We will not use your data to train AI models in ways that could expose your business information to other clients. This obligation survives termination for 2 years.

You agree not to share our proprietary systems, workflows, prompts, or internal processes with third parties.

14. Data Security

We maintain commercially reasonable safeguards including encryption of data in transit and at rest, access controls, and regular security reviews.

Data Breach Notification

If a breach affects your data, we will notify you by email within 72 hours of confirming the breach, describe the nature and types of data affected, describe our response measures, and cooperate with you on applicable breach notification laws including Indiana Code 24-4.9.

Data Retention and Deletion

• Active subscription: data retained as needed to provide services.
• After cancellation: 30-day export window, then permanently deleted from active systems.
• Anonymized/aggregated data may be retained indefinitely for analytics.
• Backup copies may persist up to 90 days before automatic purge.

15. Governing Law

This Agreement is governed by the laws of the State of Indiana, without regard to conflict-of-law principles. Legal proceedings not subject to arbitration shall be brought in Clay County, Indiana. All deadlines are calculated in Eastern Time (ET), which applies to the state of Indiana.

16. Dispute Resolution & Arbitration

In plain English: we try to work it out directly first. If we can't, we use arbitration — a private process that's faster and cheaper than court. Small disputes can go to small claims court. All disputes are individual — no class actions.

Good Faith Resolution

Both parties agree to attempt informal resolution by contacting each other in writing and allowing 30 calendar days before initiating formal proceedings.

Binding Arbitration

If informal resolution fails, disputes are resolved by binding arbitration under AAA rules in Clay County, Indiana, or remotely by mutual agreement. This is mutual — both parties waive the right to a jury trial. The arbitrator's decision is final. For claims ≤$10,000, Thierry AI Services pays all AAA filing and administration fees. For claims over $10,000, fees are split per AAA rules.

Small Claims Exception

Either party may bring an individual action in small claims court (Clay County, Indiana, or your local court) if the claim falls within that court's jurisdiction.

No Class Actions

All disputes are resolved individually. You waive any right to participate in a class action, class arbitration, or representative proceeding.

17. General Terms

• Entire Agreement. This Agreement, together with any plan details at checkout and any custom Scope of Work (Elite plans), is the entire agreement between the parties.
• Amendments. We may update this Agreement with 30 days' email notice. Continued use after the notice period = acceptance. You may cancel without penalty if you disagree with material changes, even during a minimum commitment period.
• Severability. If any provision is found unenforceable, remaining provisions remain in full effect.
• Assignment. You may not assign this Agreement without our written consent. We may assign in connection with a merger or sale of assets, provided the assignee honors these terms. We will notify you within 30 days of any assignment.
• Waiver. Our failure to enforce any provision does not waive our right to enforce it later.
• Force Majeure. Neither party is liable for delays caused by natural disasters, pandemics, government actions, internet outages, third-party service failures (including AI model provider outages, CRM downtime, or carrier disruptions), or cyberattacks.
• Electronic Communications. You consent to receive all communications electronically. Electronic communications satisfy any legal requirement for written communication.
• Survival. Sections 4 (to the extent of outstanding payment obligations), 6 (to the extent of outstanding commitment obligations), 8 (to the extent of consequences for violations), 9, 10, 11, 12, 13, 14, 15, and 16 survive termination of this Agreement.
• Headings. Section headings are for convenience only.

18. Contact Us

Thierry AI Services
Operated by Boban Kostadinoski
Brazil, Indiana
hello@itsthierry.com
Cancellation: itsthierry.com/cancel