Terms of Service

Last Updated: 24th January 2025

Welcome to Train Your Agent (“we,” “our,” or “TYA”). These Terms of Service (“Terms”) govern your use of our website, AI solutions, and related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Introduction

These Terms apply to all users, including small and medium-sized businesses (SMBs) in industries such as insurance, legal, healthcare, financial services, and real estate. They outline your rights and responsibilities when using our Services, which include AI-powered chat agents, voice assistants, workflow automation, and custom AI solutions.

2. Services and Scope of Work

  • Service Description: We provide AI solutions tailored to your business needs. The specific scope of work, deliverables, and timelines will be outlined in a separate agreement or statement of work (SOW) for each project.
  • Modifications: Any changes to the scope of work must be agreed upon in writing by both parties.
  • Uptime: We aim for 99.9% uptime, though results may vary based on your cooperation and implementation.

3. Payment Terms

  • Pricing: Our service packages range from $10,000 to $20,000, with payment terms specified in your project agreement.
  • Due Dates: Payments are due within 15 days of receiving an invoice.
  • Late Fees: Late payments will incur a fee of 1.5% per month on the outstanding balance.
  • Billing for Retainers: Monthly retainer fees are billed in advance and are non-refundable if not canceled before the next billing cycle.

4. Refund Policy

  • All Sales Final: All purchases of our Services are final and non-refundable.
  • Retainer Fees: Monthly retainer fees are non-refundable once the billing period begins. To avoid being charged for the next cycle, you must cancel at least 5 business days before the renewal date.
  • Account Credits: In cases of client dissatisfaction, we may offer account credits at our sole discretion as an alternative to refunds.
  • Contact for Inquiries: For questions about this policy, email us at support@trainyouragent.com.

5. Acceptable Use Policy (AUP)

  • Prohibited Activities: You agree not to:
    • Use our Services for spamming, illegal activities, or any unlawful purpose.
    • Attempt to reverse-engineer, modify, or duplicate our AI tools without written permission.
    • Resell or distribute our Services without explicit written consent.
  • Consequences: Violations of this AUP may result in immediate suspension or termination of your Services without refund.

6. Disclaimer

  • No Guarantees: Our AI solutions are provided “as is” without warranties, express or implied. We do not guarantee specific outcomes, instant gains, or uninterrupted service. Results vary and depend on your participation and implementation.
  • Third-Party Software: We are not liable for errors, breaches, or issues caused by third-party software or services used with our AI solutions, unless the solution is custom-built by us and independent of third-party tools. If an issue arises with our custom solutions, we will provide a diagnostic report upon request.
  • Professional Advice: Our AI tools are not a substitute for professional advice (e.g., legal, medical, or financial). Always consult a qualified professional for such matters.
  • Results May Vary: The effectiveness of our Services depends on your cooperation. We cannot guarantee specific results.

7. Intellectual Property

  • Ownership: We retain all rights to our AI models, tools, and intellectual property. You may not resell, duplicate, or modify our AI solutions without our written permission. Any custom solutions developed for you are for your exclusive use under these Terms, but we retain the IP rights and may resell similar solutions to other clients.
  • Client Data: Data generated from your business is yours. We will not use it without your explicit permission. You may not use our data without our consent.
  • Case Studies: With your permission, we may use non-personal data (e.g., performance metrics) for case studies. You may withdraw consent at any time by emailing support@trainyouragent.com.

8. Client Responsibilities

  • Cooperation: You agree to provide timely information, access, and cooperation necessary for us to deliver the Services. For retainer clients, minimal effort is required unless you manage your own account.
  • Compliance: You are responsible for ensuring your use of our Services complies with all applicable laws and regulations.
  • Accuracy: You must provide accurate and complete information. We are not liable for issues arising from inaccurate data.

9. Termination of Services

  • By Either Party: Either party may terminate the Services with 30 days’ written notice.
  • For Cause: We may terminate your access immediately for violations of these Terms, including the AUP.
  • Effect of Termination: Upon termination, you must cease using our Services, and any outstanding payments remain due.

10. Updates to Terms

  • Notification: We may update these Terms at any time. Changes will be communicated via email blast to all clients.
  • Acceptance: Continued use of our Services after updates constitutes acceptance of the new Terms.

11. Non-Solicitation

  • Restriction: During the term of your agreement and for 12 months after, you agree not to solicit or hire any of our employees or contractors without our written consent.
  • Remedies: Violations may result in legal action, including injunctive relief.

12. Limitation of Liability

  • Indirect Damages: We are not liable for indirect, incidental, or consequential damages, including loss of profits or data.
  • Total Liability: Our total liability is limited to the amount you paid us in the six months preceding any claim.

13. Indemnification

  • Client Obligation: You agree to indemnify and hold us harmless from any claims arising from your use of the Services, including breaches of these Terms or violations of law.

14. Governing Law and Jurisdiction

  • Governing Law: These Terms are governed by the laws of Colorado, USA, applicable worldwide unless local laws supersede.
  • Jurisdiction: Any disputes will be resolved in the courts of Denver, Colorado, unless otherwise required by law in your jurisdiction.

15. Miscellaneous

  • Independent Contractors: We are independent contractors, not employees or partners.
  • Force Majeure: We are not liable for delays caused by events beyond our control (e.g., natural disasters, war).
  • Entire Agreement: These Terms constitute the entire agreement between you and TYA.
  • Severability: If any provision is invalid, the remaining terms remain in effect.
  • Waiver: Failure to enforce any term does not waive our right to do so later.

By using our Services, you acknowledge that you have read, understood, and agree to these Terms. If you have any questions, please contact us at support@trainyouragent.com.

Note: Since you plan to sell worldwide, these Terms are written to be broadly applicable. However, you may need to consult a legal professional to ensure compliance with local laws in specific regions (e.g., GDPR in Europe, CCPA in California). Your blast email notification method is included and legally sufficient for informing clients of updates, but ensure your email list complies with anti-spam laws like CAN-SPAM or CASL.