Terms of Service

1. Description of Service

Reboot Media provides AI-powered website development and management services, including:

• Custom website design and development using AI-enhanced technologies
• AI chatbot integration for 24/7 customer service
• Automated lead capture and qualification systems
• Intelligent email auto-responders and correspondence
• Automated appointment scheduling and calendar management
• Smart quotation and estimation systems
• SEO and AEO (AI Engine Optimization) services
• Monthly website management, optimization, and updates
• Custom AI workflow automation (secondary service)
• Strategic AI consulting and advisory services (tertiary service)

Service Dependencies: Our services rely on third-party providers including but not limited to OpenAI, Claude AI, Google Cloud, Cloudflare, Airtable, n8n, and various API services. Service availability and functionality may be affected by these dependencies. We are not responsible for third-party service interruptions, API changes, or rate limitations that may affect service delivery.

AI Limitations: While we strive for accuracy and reliability, AI-generated content and responses may occasionally produce errors, inaccuracies, or unexpected results. Clients are responsible for reviewing and approving all AI-generated content before public deployment.

2. Client Responsibilities

As a client of our services, you agree to:

• Provide accurate and timely information necessary for website development
• Supply all required content, media assets, and branding materials
• Review and approve designs, content, and functionality within reasonable timeframes
• Ensure all provided content does not infringe on third-party rights
• Maintain confidentiality of any access credentials we provide
• Use AI features responsibly and in compliance with applicable laws
• Not attempt to reverse-engineer, copy, or resell our proprietary AI systems
• Pay all fees according to the agreed payment terms
• Notify us immediately of any unauthorized access or security concerns

3. Payment Terms

Website Development: One-time development fees are due according to the following schedule:

• 50% deposit upon contract signing to begin work
• 25% upon design approval
• 25% upon website launch

Monthly Management Fees: Recurring monthly fees for hosting, AI services, and management are billed on the same day each month, beginning 30 days after website launch. Fees are non-refundable for partial months.

Late Payment: Payments not received within 10 days of the due date may result in service suspension. Payments more than 30 days late will incur a 1.5% monthly late fee and may result in permanent service termination.

Price Changes: We reserve the right to modify pricing with 60 days' notice for monthly services. Development project quotes are valid for 30 days from issuance.

4. Intellectual Property

Client Content: You retain all rights to content, logos, and materials you provide to us. You grant us a license to use these materials solely for providing our services to you.

Our Technology: We retain all rights to our proprietary AI systems, workflows, templates, code libraries, and methodologies. The website we build for you is licensed to you for use, but underlying technologies and frameworks remain our property.

AI-Generated Content: Content generated by AI for your website is licensed to you for use in connection with our services. You may not resell or redistribute AI-generated content as standalone products.

Open Source: Some components may include open-source software subject to separate licenses. We will notify you of any significant open-source dependencies.

5. AI-Specific Terms and Limitations

AI Accuracy Disclaimer: While our AI systems are sophisticated, they are not infallible. We do not guarantee:

• 100% accuracy in AI-generated responses or content
• That AI will understand all customer inquiries correctly
• Perfect lead qualification or scoring
• Error-free automated scheduling or quotations
• That AI responses will always align with your specific business policies

Human Oversight: You acknowledge that AI systems require periodic human review and adjustment. Our monthly management includes reasonable optimization, but you remain responsible for monitoring AI performance and alerting us to any issues.

Compliance Responsibility: You are solely responsible for ensuring AI-generated content and responses comply with your industry regulations, professional standards, and legal requirements. We recommend legal review for regulated industries (healthcare, finance, legal services).

AI Training Data: We may use anonymized interaction data to improve our AI systems, but will never share your specific business information with other clients or third parties.

API Limitations: AI features are subject to rate limits and quotas from third-party providers. Excessive usage may require additional fees or result in temporary feature limitations.

6. Data Privacy and Security

Data Collection: We collect and process data necessary to provide our services, including:

• Lead information submitted through your website
• Analytics data for optimization purposes
• AI conversation logs for quality improvement
• Performance metrics and error logs

Data Storage: Lead data is stored in Airtable or similar CRM systems. You maintain ownership of all customer data collected through your website. We will provide data export upon request.

Security Measures: We implement industry-standard security measures including encryption, secure APIs, and access controls. However, no system is completely secure, and we cannot guarantee absolute security.

Breach Notification: In the event of a data breach affecting your customer data, we will notify you within 72 hours of discovery and cooperate with any required notifications.

7. Service Level Agreement

Uptime Target: We target 99% uptime for hosted websites, excluding scheduled maintenance and third-party service outages.

Support Response Times:

• Critical issues (website down): 4 hour response time
• Major issues (key features broken): 24 hour response time
• Minor issues and requests: 48-72 hour response time

Maintenance Windows: Scheduled maintenance will be performed during off-peak hours with 48 hours advance notice when possible.

Remedies: For uptime below 95% in any month (excluding exempted causes), you may receive a pro-rated credit for that month's hosting fee upon request.

8. Acceptable Use Policy

You agree not to use our services for:

• Illegal activities or content
• Harassment, hate speech, or discrimination
• Intellectual property infringement
• Malware distribution or hacking attempts
• Spam or unsolicited mass communications
• Adult content (unless explicitly agreed upon)
• Cryptocurrency mining or high-resource consumption activities
• Deceptive or fraudulent business practices
• Activities that harm our reputation or other clients

Violation of this policy may result in immediate service termination without refund.

9. Termination

By Client: You may cancel monthly services with 30 days written notice. Development projects may be cancelled according to the refund policy in your contract.

By Us: We may terminate services immediately for Terms violations, non-payment, or illegal activities. We may terminate for convenience with 60 days notice.

Effect of Termination: Upon termination:

• Website hosting will cease after 30 days
• You will receive exports of your data upon request
• AI services and automation will be disabled
• Domain names remain your property
• No refunds for partial months or work completed

Post-Termination: You may engage another provider to host the static website files, but AI features and our proprietary systems will not function without our services.

10. Warranties and Disclaimers

Our Warranties: We warrant that we will provide services in a professional manner consistent with industry standards. We warrant that we have the right to provide the services offered.

DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

NO GUARANTEE OF RESULTS: We do not guarantee specific business results, including but not limited to increased sales, lead generation numbers, or ROI. Success depends on many factors beyond our control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.

Specific Exclusions: We are not liable for:

• Losses from AI errors or inaccuracies
• Missed business opportunities or failed conversions
• Third-party service failures or API changes
• Customer disputes arising from AI interactions
• Regulatory fines or penalties from AI-generated content
• Search engine ranking changes or penalties
• Compatibility issues with future technologies

12. Indemnification

You agree to defend, indemnify, and hold harmless Reboot Media, Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your breach of these Terms
• Your violation of any laws or third-party rights
• Content you provide to us
• Your use of AI features in violation of applicable regulations
• Customer claims related to your products or services
• Your failure to obtain necessary consents for data collection

13. Dispute Resolution

Informal Resolution: Before filing any formal proceedings, you agree to attempt to resolve disputes informally by contacting us. We will attempt good faith resolution for 60 days.

Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration under AAA Commercial Arbitration Rules. Arbitration shall occur in Orange County, California.

Class Action Waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER REPRESENTATIVE PROCEEDINGS. DISPUTES MUST BE BROUGHT INDIVIDUALLY.

Exceptions: Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any legal proceedings shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction in these courts.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or website notice at least 30 days before taking effect. Continued use of services after changes constitutes acceptance of modified Terms. If you disagree with changes, you may terminate services according to the termination provisions.

16. General Provisions

Entire Agreement: These Terms, along with any signed proposals or contracts, constitute the entire agreement between parties.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right or provision is not a waiver of that right.

Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, labor disputes, or infrastructure failures.

Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

17. Professional Services Disclaimer

We are not licensed to provide legal, medical, financial, or other professional advice. AI-generated content should not be relied upon as professional advice. Clients in regulated industries must ensure compliance with their specific regulations and should have appropriate professionals review all content and functionality.

18. Contact Information