Terms of service

Who we are

Create Your AI LLC, a Florida limited liability company. hello@createyourai.co

Our services

We design, build, host and maintain AI concierges (chat assistants) for clients’ websites and messaging channels, as described in the order form: for example a product concierge, plain-words search, photo search, WhatsApp hand-off, an AI agent on WhatsApp, integrations and monthly reports.

The order form sets the plan, fees, languages, channels, conversation allowance and any custom work. If the order form and these terms conflict, the order form wins.

Setup and launch

After kickoff, the client gives us what the build needs: access to its store or systems, its catalog and policies, brand guidelines and, if used, its WhatsApp Business number. Timelines in our proposals are estimates and depend on that material arriving on time.

Before launch we test the concierge with the client, and the client approves it. Launch dates move if approval or materials are delayed.

What the client is responsible for

• Keeping the catalog, prices, stock and policies we connect to accurate and lawful.
• Having the rights to all content it gives us, and permission to use it with our services.
• Telling its customers, in its own privacy notice, that it uses an AI concierge and service providers like us.
• Following our AI and Acceptable Use Policy and the rules of the platforms it uses, including Meta’s WhatsApp Business policies.
• Keeping its account access secure and telling us promptly about any misuse.

AI answers

Concierges answer from the client’s data and rules, and we test them before launch and after each change. Even so, AI can make mistakes, misunderstand a question or produce an answer we did not expect.

Answers are informational. They are not offers, contracts, or medical, legal or financial advice unless the client confirms them through its own process. The client remains responsible for its prices, products, promises to customers and final decisions. We fix reported errors promptly.

Fees and payment

Fees are set in the order form and in our Billing and Cancellation Policy, which is part of these terms: a one-time setup fee, a monthly plan fee, any conversations above the plan, and pass-through costs such as WhatsApp message fees.

Invoices are due within 15 days. Prices exclude taxes, duties and bank fees, which the client pays, including any tax withheld on payments sent abroad. Late amounts may carry interest of 1% a month, or the highest rate the law allows if lower, and we may pause the service after 15 days’ written notice of an unpaid invoice.

Term, renewal and ending

Plans start on the launch date, unless the order form says otherwise, and have a minimum term of six months. After that, they renew month to month until either side cancels with 30 days’ written notice.

Either side may end the contract if the other materially breaches it and doesn’t fix the breach within 30 days of written notice. When the contract ends, we switch the concierge off, give the client an export of its conversation data on request within 30 days, and then delete it, except where the law requires us to keep it.

Intellectual property

The client owns its content, catalog, brand and the data its customers provide, and gives us a limited license to use them only to provide and improve its services.

We own our software, prompts, workflows, templates and know-how, including improvements we make, and give the client a license to use its concierge during the contract. Work made only for the client and listed as such in the order form, such as custom designs, belongs to the client once paid. We may name the client and show its logo as a client, unless it asks us not to.

Confidentiality

Each side keeps the other’s non-public information confidential, uses it only for the contract and shares it only with people and providers who need it and are bound by similar duties. This lasts for three years after the contract ends, and for trade secrets as long as they remain secret.

Data protection

Our Data Processing Addendum is part of these terms and applies whenever we process personal data for the client. Our Privacy Policy explains how we handle our own data.

Third-party services

Our services connect to platforms we don’t control, such as Shopify, Meta’s WhatsApp, AI model providers and hosting providers. Their terms apply to their services. We are not responsible for their outages, changes or decisions, but we will work to limit the impact on the client.

Warranties and disclaimers

We provide the services with reasonable skill and care, following good industry practice. Except as stated in these terms, the services are provided “as is”, and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent the law allows. We don’t promise any level of sales or conversion, or that the services will be uninterrupted or error-free.

Limitation of liability

Neither side is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, even if warned of them. Each side’s total liability under the contract is limited to the fees the client paid in the 12 months before the event that caused it.

These limits don’t apply to fraud, gross negligence or willful misconduct, to the client’s payment duties, to either side’s indemnity duties, or where the law doesn’t allow them.

Indemnities

We will defend the client against third-party claims that our software, as we provide it, infringes their intellectual property, and pay the resulting damages, if the client tells us promptly and lets us control the defense. The client will do the same for claims arising from its content, products, instructions or breach of the Acceptable Use Policy.

Using our website

You may browse and share our website for lawful purposes. Don’t try to break, overload or scrape it, or copy its design or content for your own commercial use. The demos on the site use sample data: their answers, prices and products are examples, not offers.

The assistant on our website is an AI and can make mistakes. Its answers are general information about our services. The prices and terms that apply are the ones on our pricing page, in these terms and in your order form.

Changes to these terms

We may update these terms. We post the new version with its date and tell clients at least 30 days before a change that affects them takes effect. A client that objects to a material change may end its plan without penalty before the change takes effect.

Law and disputes

These terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. The state and federal courts located in Florida have exclusive jurisdiction, and both sides agree to them. Before going to court, both sides will try in good faith for 30 days to settle the dispute.

Nothing in these terms limits rights a client has under laws that cannot be waived, including Brazilian law where it applies.

General

Neither side may transfer the contract without the other’s consent, except to a successor of its business. Neither side is liable for delays caused by events beyond its reasonable control. If part of these terms is unenforceable, the rest stays in force. Notices go to the email addresses in the order form, and to hello@createyourai.co for us. These terms, the order form and the policies they mention are the whole agreement.