Terms of Service

Maben Marketing
Effective Date: 11/26/25
Last Updated: 11/26/25

Introduction

Welcome to Maben Marketing ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your access to and use of our AI-powered marketing services. By engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms.

Company Details:

Business Name: Maben Marketing

Business Type: Sole Proprietorship

Location: Wisconsin, United States

Website: www.mabenmarketing.com

Contact: [email protected]

Please read these Terms carefully. If you do not agree with any part of these Terms, please do not use our services.

1. Definitions

1.1 "Services" means all AI voice agents, AI chatbots, marketing automation, digital marketing services, and related offerings provided by Maben Marketing.

1.2 "AI Systems" refers to artificial intelligence technologies including but not limited to voice agents, chatbots, and automated marketing tools developed, configured, or deployed by us.

1.3 "Client Data" means all data, content, materials, and information provided by you or collected through our Services on your behalf.

1.4 "Training Data" means information, examples, and materials you provide to configure, train, or improve AI Systems for your specific use case.

1.5 "Third-Party Services" means external platforms and tools we integrate with, including but not limited to GoHighLevel, payment processors, and communication platforms.

1.6 "Deliverables" means the specific AI systems, configurations, implementations, and documentation we provide as part of our Services.

2. Services Description

2.1 Scope of Services

Maben Marketing provides:

AI voice agent development and deployment

AI chatbot creation and implementation

Marketing automation setup and management

Integration with business systems and platforms

Ongoing support and optimization

Related digital marketing services

2.2 AI Service Limitations

You acknowledge and agree that:

a) AI Systems are technological tools that may not be 100% accurate in all situations

b) AI-generated responses depend on the quality of Training Data provided

c) AI Systems require proper configuration and may need adjustment periods

d) Performance may vary based on factors including internet connectivity, third-party platform changes, and user inputs

e) AI Systems are not a substitute for human judgment in critical business decisions

f) We cannot guarantee specific business outcomes or results from AI implementation

3. Payment Terms

3.1 Fees and Pricing

a) Setup Fees: One-time fees for initial development, configuration, and deployment of AI Systems (as specified in your service agreement)

b) Monthly Recurring Fees: Ongoing subscription fees for hosting, maintenance, support, and platform access (billed monthly in advance)

c) Additional Services: Custom development, extra integrations, or additional features will be quoted separately

3.2 Payment Schedule

a) Setup fees are due upon signing the service agreement

b) Monthly recurring fees are billed on the same day each month

c) Payment is due within 5 business days of invoice date

d) Accepted payment methods: credit card, ACH transfer, or other methods as agreed

3.3 Late Payment

a) Accounts overdue by more than 10 days may be subject to a late fee of $50 or 5% of the outstanding balance, whichever is greater

b) Services may be suspended if payment is more than 15 days overdue

c) We reserve the right to terminate services if payment is overdue by 30 days or more

3.4 Price Changes

a) We may adjust monthly recurring fees with 30 days' written notice

b) Price changes do not apply to prepaid periods

4. Client Responsibilities

4.1 Training Data and Information

You are responsible for:

a) Providing accurate, complete, and lawful Training Data

b) Ensuring you have the right to use all data provided to us

c) Updating information when your business processes, products, or services change

d) Reviewing and approving AI responses during setup and testing phases

e) Providing timely feedback for AI system optimization

4.2 Compliance

You agree to:

a) Use our Services in compliance with all applicable laws and regulations

b) Obtain necessary consents for communication with your customers

c) Comply with telephone consumer protection laws, CAN-SPAM, GDPR, CCPA, and other relevant regulations

d) Not use AI Systems for illegal, fraudulent, or deceptive purposes

e) Maintain appropriate business licenses and permissions

4.3 Account Security

You must:

a) Maintain confidentiality of account credentials

b) Notify us immediately of any unauthorized access

c) Be responsible for all activities under your account

5. Intellectual Property Rights

5.1 Our Intellectual Property

a) Maben Marketing retains all rights to our proprietary AI frameworks, code, methodologies, and pre-existing intellectual property

b) Our logos, trademarks, and brand materials remain our exclusive property

c) You receive a limited, non-exclusive license to use AI Systems solely for your business purposes during the service term

5.2 Client Intellectual Property

a) You retain all rights to your business name, brand, Client Data, and proprietary information

b) We do not claim ownership of your Training Data or Client Data

c) You grant us a limited license to use your data solely to provide Services to you

5.3 Custom Developments

a) Custom AI configurations and scripts created specifically for your business become your property upon full payment

b) We may retain the right to reuse general techniques, methods, and non-proprietary knowledge gained

c) We will not reuse your specific Training Data, business processes, or proprietary information for other clients

5.4 Third-Party Materials

Any third-party software, APIs, or services integrated into your AI Systems remain the property of their respective owners and are subject to their terms.

6. Data Privacy and Security

6.1 Data Protection

a) We implement reasonable security measures to protect Client Data

b) We use industry-standard encryption for data transmission and storage

c) We limit access to Client Data to authorized personnel only

d) We comply with applicable data protection laws including GDPR and CCPA where applicable

6.2 Data Usage

a) We use Client Data solely to provide Services to you

b) We may use anonymized, aggregated data for service improvement and analytics

c) We will not sell, rent, or share your Client Data with third parties except as necessary to provide Services or as required by law

6.3 Data Retention

a) We retain Client Data during the active service period

b) Upon termination, we will retain data for 30 days to allow for data retrieval

c) After 30 days, data may be permanently deleted unless otherwise agreed in writing

6.4 Third-Party Services

a) Third-Party Services (like GoHighLevel) have their own privacy policies

b) You acknowledge that data processed through Third-Party Services is subject to their terms

c) We are not responsible for third-party privacy practices

6.5 Data Breaches

In the event of a data breach affecting your Client Data, we will:

a) Notify you within 72 hours of discovering the breach

b) Provide details about the nature and extent of the breach

c) Take reasonable steps to mitigate harm and prevent future breaches

7. Service Level Agreement and Uptime

7.1 Uptime Commitment

a) We strive for 99% uptime for AI Systems under our direct control

b) Uptime excludes scheduled maintenance, third-party service outages, and issues outside our reasonable control

c) Scheduled maintenance will be performed during off-peak hours when possible with advance notice

7.2 Response Times

a) Critical Issues (system completely down): Response within 4 business hours

b) High Priority (major functionality impaired): Response within 1 business day

c) Medium Priority (minor issues): Response within 2 business days

d) Low Priority (questions, enhancements): Response within 3 business days

7.3 Exclusions

We are not responsible for downtime or performance issues caused by:

a) Third-Party Service outages or limitations

b) Internet service provider issues

c) Client's hardware or network problems

d) Actions or modifications made by Client without our guidance

e) Force majeure events (natural disasters, power outages, etc.)

8. Third-Party Integrations

8.1 Integration Services

a) We integrate with various platforms including GoHighLevel, CRM systems, payment processors, and communication tools

b) Integration functionality depends on Third-Party Service APIs and capabilities

c) Changes to third-party platforms may affect integration performance

8.2 Third-Party Terms

a) You must comply with terms of service of all Third-Party Services

b) You are responsible for obtaining and maintaining necessary accounts and subscriptions

c) Additional fees may apply for third-party services (separate from our fees)

8.3 No Warranties for Third Parties

a) We do not warrant the performance or availability of Third-Party Services

b) We are not liable for third-party service interruptions, data loss, or policy changes

c) Integration issues caused by third-party changes will be addressed on a best-effort basis

9. Limitation of Liability

9.1 General Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a) Our total liability for any claims arising from these Terms or Services shall not exceed the amount you paid us in the 12 months preceding the claim

b) We are not liable for any indirect, incidental, special, consequential, or punitive damages

c) This includes but is not limited to loss of profits, revenue, data, business opportunities, or reputation

9.2 AI-Specific Limitations

We are not liable for:

a) AI-generated responses that are inaccurate, inappropriate, or cause customer dissatisfaction

b) Business decisions made based on AI recommendations

c) Lost sales or customers due to AI system performance

d) Damages from AI misinterpretation of customer inquiries

e) Compliance violations resulting from AI responses (you remain responsible for compliance)

9.3 Communication Regulations

a) You are solely responsible for compliance with telephone consumer protection laws, do-not-call registries, and consent requirements

b) We are not liable for fines, penalties, or damages from regulatory violations

c) You must obtain proper consent before using AI voice agents to contact individuals

9.4 Data Loss

a) We recommend maintaining your own backups of critical data

b) While we implement backup procedures, we are not liable for data loss except in cases of gross negligence

9.5 Service Interruptions

a) We are not liable for damages from temporary service unavailability

b) We will make reasonable efforts to restore services promptly

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that:

a) Services will be performed with reasonable skill and care

b) We have the right to provide the Services offered

c) Services will substantially conform to descriptions provided in your service agreement

10.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

a) Warranties of merchantability or fitness for a particular purpose

b) Warranties of uninterrupted or error-free operation

c) Warranties regarding specific results or outcomes

d) Warranties that AI Systems will meet all your business needs

10.3 AI Technology Disclaimer

AI technology is continually evolving. We make no warranties that:

a) AI responses will always be accurate or appropriate

b) AI Systems will perform identically to human representatives

c) Customers will prefer AI interactions over human interactions

11. Indemnification

11.1 Client Indemnification

You agree to indemnify, defend, and hold harmless Maben Marketing from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

a) Your use of Services in violation of these Terms

b) Your violation of any laws or regulations

c) Your violation of third-party rights (including intellectual property or privacy rights)

d) Client Data or Training Data you provide

e) Your failure to obtain proper consent for customer communications

f) Claims by your customers regarding AI interactions

g) Your breach of these Terms

11.2 Our Indemnification

We agree to indemnify you from claims that our proprietary AI technology infringes third-party intellectual property rights, provided you:

a) Notify us promptly of any claim

b) Give us control of the defense and settlement

c) Cooperate with our defense efforts

This indemnification does not apply if infringement results from modifications you made or use outside the scope of these Terms.

12. Refund Policy

12.1 Setup Fees

a) Setup fees are non-refundable once work has commenced

b) If you cancel before work begins, setup fees will be refunded minus any non-recoverable costs incurred

12.2 Monthly Recurring Fees

a) Monthly fees are charged in advance and are non-refundable

b) If you cancel mid-month, service continues through the end of the paid period

c) No prorated refunds are provided for partial months

12.3 Service Issues

a) If we fail to deliver agreed-upon Services, we will work with you to resolve the issue

b) If resolution is not possible, we may provide a prorated refund at our discretion

c) Refund requests must be submitted in writing to [email protected]

12.4 Dissatisfaction

a) We stand behind our work and want you to be satisfied

b) If you're unhappy with Services, please contact us immediately so we can address concerns

c) Dissatisfaction alone does not guarantee a refund, but we will work to find a solution

13. Term and Termination

13.1 Service Term

a) Services begin upon execution of your service agreement

b) Monthly services continue on a month-to-month basis unless otherwise specified

c) Contracts may specify minimum commitment periods

13.2 Termination by Client

a) You may terminate monthly services with 30 days' written notice

b) Termination notice must be sent to [email protected]

c) You remain responsible for all fees through the end of the notice period

d) If a minimum term is specified, early termination may result in early termination fees

13.3 Termination by Us

We may terminate Services immediately if:

a) You breach these Terms and fail to cure within 10 days of notice

b) Your account is more than 30 days overdue

c) You use Services for illegal or fraudulent purposes

d) You engage in abusive behavior toward our team

e) Continuing Services would violate laws or regulations

13.4 Effect of Termination

Upon termination:

a) Your access to AI Systems and Services will be discontinued

b) We will provide you with a final data export upon request (within 30 days)

c) You must pay all outstanding fees

d) Licenses granted to you under these Terms will terminate

e) Sections that by their nature should survive will remain in effect (including Intellectual Property, Limitation of Liability, and Indemnification)

13.5 Post-Termination

a) We may delete your data 30 days after termination

b) You may request data export during the 30-day period

c) Termination does not relieve you of payment obligations incurred before termination

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to:

a) Contact us in writing describing the dispute

b) Allow 30 days for us to work together to resolve the issue informally

c) Participate in good faith discussions

14.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration:

a) Arbitration Rules: Arbitration will be conducted under the rules of the American Arbitration Association (AAA)

b) Location: Arbitration will take place in Wisconsin or virtually by mutual agreement

c) Arbitrator: A single neutral arbitrator will be selected per AAA rules

d) Costs: Each party bears their own attorney fees; arbitration costs will be split equally unless the arbitrator determines otherwise

e) Award: The arbitrator's decision is final and binding, enforceable in any court

14.3 Exceptions to Arbitration

Either party may seek:

a) Injunctive relief in court for intellectual property violations

b) Small claims court resolution if the claim qualifies

14.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive the right to participate in a class action lawsuit against us.

14.5 Governing Law

These Terms are governed by the laws of the State of Wisconsin without regard to conflict of law principles.

15. Communication and Telephone Regulations

15.1 Regulatory Compliance

You acknowledge that AI voice agents must comply with:

a) Telephone Consumer Protection Act (TCPA)

b) Telemarketing Sales Rule (TSR)

c) State and federal do-not-call regulations

d) CAN-SPAM Act (for SMS and email)

e) Other applicable communication laws

15.2 Consent Requirements

You are solely responsible for:

a) Obtaining prior express written consent before contacting individuals

b) Maintaining do-not-call lists and honoring opt-out requests

c) Providing clear identification in all communications

d) Disclosing the use of AI technology when required by law

15.3 Call Recording and Monitoring

a) You must comply with state laws regarding call recording and consent

b) AI voice agents may need to announce call recording where required

c) You are responsible for proper disclosures

15.4 Our Role

a) We provide AI technology; you control how it's used

b) We are not responsible for your compliance with communication regulations

c) We may provide guidance but are not your legal advisor

d) You indemnify us for any regulatory violations arising from your use of Services

16. Modifications to Terms

16.1 Right to Modify

We reserve the right to modify these Terms at any time by:

a) Posting updated Terms on our website

b) Sending notice to your contact email

c) Specifying the effective date of changes

16.2 Notice Period

a) Material changes will be effective 30 days after notice

b) Minor changes (clarifications, formatting) may be effective immediately

c) Continued use of Services after changes take effect constitutes acceptance

16.3 Rejection of Changes

If you do not agree to modified Terms:

a) You may terminate Services per Section 13.2

b) Termination must occur before the effective date of changes

c) If you continue using Services after the effective date, you accept the new Terms

17. General Provisions

17.1 Entire Agreement

These Terms, together with your service agreement and any written amendments, constitute the entire agreement between you and Maben Marketing regarding Services.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to be enforceable while reflecting the original intent.

17.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later. Any waiver must be in writing and signed by us.

17.4 Assignment

a) You may not assign these Terms without our written consent

b) We may assign these Terms to a successor or affiliate with notice to you

c) These Terms bind and benefit permitted successors and assigns

17.5 Independent Contractors

You and Maben Marketing are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

17.6 Force Majeure

Neither party is liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or technical failures not caused by the affected party.

17.7 Notices

All notices must be in writing and sent to:

For Maben Marketing: [email protected]

For You: The email address associated with your account

Notices are deemed delivered when sent via email (if during business hours) or the following business day (if sent after hours).

17.8 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

17.9 Survival

Provisions that by their nature should survive termination will survive, including: Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

18. Contact Information

If you have questions about these Terms, please contact us:

Maben Marketing Email: [email protected] Website: www.mabenmarketing.com

19. Acknowledgment and Acceptance

By using our Services, you acknowledge that:

a) You have read and understood these Terms

b) You agree to be bound by these Terms

c) You have the authority to enter into this agreement

d) You will use Services in compliance with all applicable laws

e) You recommend consulting with your own legal counsel regarding your use of AI services and communication technologies

IMPORTANT LEGAL NOTICE:

These Terms of Service are provided as a template and for informational purposes only. They do not constitute legal advice. Laws vary by jurisdiction and circumstances. We strongly recommend having these Terms reviewed by a qualified attorney licensed in your jurisdiction before implementation. Maben Marketing is not responsible for the legal adequacy of this document for your specific situation.

End of Terms of Service