TERMS OF SERVICE AGREEMENT

Last Updated: 01/05/2026

These Terms of Service (“Terms”) govern your use of the services provided by Artana Marketing, a [LLC / Corporation / Sole Proprietorship] organized under the laws of the Commonwealth of Massachusetts (“Artana Marketing,” “Company,” “we,” “us,” or “our”).

By accessing our website https://www.artanamarketing.com

purchasing, subscribing to, or using our services, you (“Client,” “you,” or “your”) agree to these Terms.

If you do not agree to these Terms, do not access or use our services.

1. DEFINITIONS

For purposes of these Terms:

“Services” means AI voice agents, AI chatbots, marketing automation, CRM workflows, integrations, consulting, and related digital marketing services.

“AI Systems” means any artificial intelligence models, automations, scripts, workflows, prompts, logic, or configurations created, deployed, or managed by Artana Marketing.

“Client Data” means any data, scripts, recordings, customer information, lead lists, or materials provided by Client.

“Third-Party Platforms” means external software or services used in connection with the Services, including but not limited to GoHighLevel, Twilio, OpenAI, Google, Meta, and similar providers.

“Subscription” means a recurring monthly service plan.

“Setup Fees” means one-time onboarding, configuration, or deployment fees.

2. SCOPE OF SERVICES

Artana Marketing provides AI-powered marketing and automation solutions for local and service-based businesses, which may include:

AI voice agents (inbound and outbound)

AI chatbots (website, SMS, messaging platforms)

Marketing and sales automation

CRM workflows and third-party integrations

Optimization, monitoring, and support services

Specific deliverables, pricing, and timelines are defined in the applicable proposal, invoice, or service agreement.

3. AI-SPECIFIC SERVICES & LIMITATIONS

You understand and agree that:

AI Systems are not perfect and may generate inaccurate, incomplete, or unintended outputs.

AI responses are probabilistic, not guaranteed.

Artana Marketing does not guarantee leads, revenue, bookings, conversions, or business outcomes.

AI Systems do not replace human oversight, judgment, or legal compliance.

You remain solely responsible for reviewing, approving, and monitoring AI behavior.

4. CLIENT RESPONSIBILITIES & AI TRAINING DATA

You agree to:

Provide accurate, lawful, and up-to-date Client Data

Confirm you own or have permission to use all provided data

Ensure scripts, recordings, and messaging comply with all applicable laws

Notify Artana Marketing of any material business changes

Artana Marketing is not responsible for issues caused by incorrect, incomplete, or outdated Client Data.

5. PAYMENT TERMS

5.1 Fees

Services may include one-time Setup Fees and/or monthly Subscription fees, as outlined in your invoice or agreement.

5.2 Billing

Subscriptions are billed monthly in advance

Payments are due on the invoice date

Failure to pay may result in service suspension or termination

5.3 No Performance Guarantees

Fees are charged for services rendered, not for results achieved.

6. REFUND POLICY

Setup Fees are non-refundable

Monthly Subscription fees are non-refundable once the billing cycle begins

No refunds for unused time, paused services, or dissatisfaction with AI outputs

7. INTELLECTUAL PROPERTY

7.1 Ownership

Artana Marketing retains all rights, title, and interest in:

AI system architecture, workflows, prompts, and logic

Proprietary automations, templates, and processes

7.2 Client License

Upon full payment, Client is granted a limited, non-exclusive, non-transferable license to use the AI Systems solely for Client’s internal business operations.

Client may not resell, sublicense, copy, or reverse-engineer the AI Systems.

8. THIRD-PARTY INTEGRATIONS

Artana Marketing may integrate Third-Party Platforms; however:

We do not control their availability, pricing, or policies

We are not responsible for outages, API changes, or suspensions

Client is responsible for complying with all third-party terms

9. DATA PRIVACY & SECURITY

Artana Marketing uses commercially reasonable safeguards to protect Client Data. However:

No system is completely secure

Data transmitted through third-party platforms is governed by their policies

Client is responsible for obtaining any required customer consent

Artana Marketing does not sell Client Data.

10. TELEPHONE, SMS & COMMUNICATION COMPLIANCE

Client acknowledges and agrees that Client is solely responsible for compliance with:

TCPA and FCC regulations

Do-Not-Call laws

SMS, email, and marketing consent requirements

Call recording and consent laws

Client agrees to indemnify Artana Marketing for any violations arising from Client’s campaigns, scripts, data, or instructions.

11. SERVICE LEVELS & UPTIME

Artana Marketing strives for commercially reasonable uptime

Services depend on third-party infrastructure

Continuous or uninterrupted service is not guaranteed

Scheduled maintenance and third-party outages do not constitute a breach.

12. LIMITATION OF LIABILITY (AI SERVICES)

To the maximum extent permitted by law:

Artana Marketing is not liable for lost revenue, missed calls, incorrect AI responses, or customer dissatisfaction

Total liability is limited to the amount paid by Client in the 30 days preceding the claim

Client assumes all risk for decisions made based on AI outputs

13. INDEMNIFICATION

Client agrees to indemnify and hold harmless Artana Marketing from any claims, damages, or liabilities arising from:

Client’s misuse of the Services

Violations of communication or privacy laws

Inaccurate or unlawful Client Data

Third-party platform issues related to Client’s account

14. TERMINATION

14.1 By Client

Client may cancel with 30 days’ written notice. Services continue through the current billing period.

14.2 By Artana Marketing

Artana Marketing may terminate immediately for non-payment, illegal use, compliance risk, or system abuse.

Upon termination, access to AI Systems may be disabled.

15. DISPUTE RESOLUTION & ARBITRATION

All disputes shall be resolved by binding arbitration conducted in Massachusetts.

Client waives the right to jury trials and class actions.

16. GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

17. MODIFICATIONS

Artana Marketing may modify these Terms at any time. Continued use of the Services constitutes acceptance of the revised Terms.

18. CONTACT INFORMATION

Artana Marketing
Website:
https://www.artanamarketing.com


Email:
[email protected]