TERMS OF SERVICE

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Infinity Sales stands at the forefront of technological innovation, dedicated to transforming the landscape of business operations. Our mission is to revolutionize the way businesses interact with their clients and manage internal processes. By harnessing the power of advanced artificial intelligence, we offer solutions for automated texting, emailing, messaging on social platforms, calling, and more, ensuring your business stays ahead in today's digital age. There are many areas within a business that can be automated, and we have developed an entire done for your system to start your journey in fully automating your business. 

Description of Services

 Infinity Sales offers a suite of services focused on AI-powered communication and management systems. Our offerings include:

• Advanced AI for responsive and proactive communication across various platforms.
• Comprehensive CRM integration for streamlined customer relationship management.
• Efficient lead management and nurturing, ensuring no opportunity is missed.

Customization Options

Understanding that each business has unique needs, we offer custom solutions and add-ons tailored to meet your specific requirements. Whether it's enhancing customer support, optimizing sales processes, or providing specialized AI training, our team is equipped to deliver personalized solutions.

Integration Capabilities

Our AI technology is designed for compatibility and seamless operation, capable of integrating with over 6,000 applications. This versatility ensures that Infinity Sales can be integrated with some of your more specialty programs your business may be using. 

Setup and Onboarding
We understand the value of your time and resources, which is why our setup process is designed to be as smooth and hassle-free as possible. As a done-for-you service, our team of experts takes charge of the entire onboarding process. From the initial system integration to the final deployment, every step is coordinated. Upon initiation, our team collaborates with you to understand your specific business requirements. This collaboration ensures that the integration of our AI systems aligns as best as possible with your existing business processes. Our technical team then proceeds with the integration, setting up the necessary tools and systems to bring our AI capabilities into your operational framework. This process is intended to provide a seamless transition.

Customization and Training
The power of Infinity Sales lies products lie in its ability to be tailored to meet the unique needs of your business. Our customization of services process begins with an in-depth analysis of your business model, target audience, communication style, and specific industry requirements. Based on this analysis, we tailor the AI's capabilities to align with your business's tone, language, and operational needs. Training the AI is also a part of our process. We use prompt engineering techniques to train the AI on your specific business scenarios, ensuring it can handle a wide range of interactions, from customer queries to lead nurturing. This training includes feeding the AI with relevant data, scenarios, and possible customer interactions to ensure it is well-equipped to represent your brand effectively. Throughout this phase, we maintain a close collaboration with your team to ensure the AI system is refined and adjusted according to your feedback and business evolution.

 Service Subscription

Subscription Requirement. The Client acknowledges that access to and use of the custom conversational AI agent service requires a subscription. This subscription is essential for the maintenance, updates, and support of the AI service.

Active Subscription. The Client understands that maintaining an active subscription is necessary to continue receiving the service. We want to ensure you get uninterrupted service. Therefore, any lapse in subscription will result in a temporary suspension of the service until the subscription is reactivated.

Payment Terms

Credit Card on File. To facilitate smooth billing processes, the Client agrees to provide a valid credit card to be kept on file. This will be used for all billing purposes related to the subscription and associated fees. A credit authorization form is required to be filled out to process your payment.

Setup Fee. Upon signing this Agreement, the Client agrees to a set up fee which is equal to the initial payment. This fee covers the initial customization and configuration of the AI agent to meet the Client’s specific needs, non-refundable from the time of engagement. The monthly fees are paid in advance, and usage fees and accessory accounts are billed by third parties.

Recurring Payments. The subscription billing will occur at the launch stage, once the custom conversational AI agent is fully operational and approved  to be deployed. The monthly fee will be auto drafted each month per the subscription service terms.

Termination and Refund Policy

Cancellation Policy. The Client has the right to cancel the service within 30 days from the date of the initial setup.

Money Back Guarantee. Should the Client choose to cancel the service within this 30-day period, the Company guarantees a refund of all payments made, excluding the non-refundable setup fee. This policy ensures that our clients can evaluate the service risk-free.

Imperfect Technology Disclosure

Current Technology: The Client acknowledges that the custom conversational AI agent is developed using some of the latest technology available as of the date of this Agreement. However, given the evolving nature of AI, the technology is not without its limitations. While we do build a script outline for the Ai to follow, the fully interactive model reacts autonomously to unknown variables that may be presented by an end user. Guardrails will be put in place to try and keep conversations decent, and to restrict inappropriate content, but there are many ways an end user human can try to manipulate Ai to misbehave, and while it is trained, it is still a machine with limitations on its logic construct, and can make mistakes. The servers and development team of the air.ai platform will be directly responsible to you, and we cannot intervene in any way in the platform development and internal management of air.ai, with disclosure that we do not have control if air.ai changes its services. If they do change their platform or service in a way you do not want to continue service, you may cancel per the terms of this agreement. 

What we DO and DO NOT do:

DO take existing script or call recording and build an agent

✖ DO NOT create a sales process for The Client

DO Build an agent to improve current sales processes their human reps are doing

✖ DO NOT build experimental processes that they currently do not have human reps executing

(with the exception of reactivation campaigns with compliant opt-in leads)

DO create agents to execute compliant calling practices with compliant leads

✖ DO NOT create agents to cold call consumers of any type and we DO NOT execute any

non-compliant calling practices

✖ DO NOT guarantee the agent we collaboratively build will perform as good as your human team or any

performance metric of any kind

DO have a high degree of certainty that the agent we build you can successfully use to book

appointments efficiently & with Air AI 2.0 we believe it’s possible to build an agent to perform

efficiently at other use cases

✖ DO NOT create multiple agents, unless we have an agreement in place with those terms per additional agent

✖ DO NOT provide hands on agent revisions after 30 days (development and integration billed per customization)

DO provide 3 DFY agent revisions in the first 30 days

Service Scope and Limitations

Service Scope. This Agreement covers the provision of a custom conversational AI agent tailored to the Client's specifications. The service includes initial setup, configuration, and ongoing support as long as the subscription remains active.'

Service Limitations. While we strive to offer the best possible service, the Client acknowledges that the AI agent may not perform perfectly in every scenario. This acknowledgment is based on the understanding that AI technology is constantly evolving and improving.

Miscellaneous

Service Agreement: The service agreement represents the complete and entire agreement between the Client and the Company. It supersedes any prior discussions, agreements, or understandings related to the service.

Governing Law. The signed service agreement will be governed by and construed in accordance with the laws of the United States of America
 

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

If you feel that we are not abiding by this privacy policy, you should contact us immediately by filling out our contact form. If you are a citizen of the EU you also have the right to lodge a complaint with the Information Commissioner’s Office.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy: undefined/privacy-policy-terms-of-use/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems like the need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles. 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Davidson,Tennessee. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Davidson,Tennessee, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

• Infinity Sales
• 3039 Bradwill Rd Richmond, VA, 23225
• (804) 369-8504
• support@infinitysales.com

If you feel that we are not abiding by this privacy policy, you should contact us immediately by filling out our contact form. If you are a citizen of the EU you also have the right to lodge a complaint with the Information Commissioner’s Office.