Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website mortaihq.com (“Website”) and any services provided by Mort AI Solutions (“MORT AI,” “we,” “us,” or “our”).

MORT AI operates through two registered entities:

• MortAI — Registered LLC, Claymont, DE 19703, New Castle, Delaware, United States
• MortAI Solutions — Registered LLC, 33 6th Avenue, Illovo, Gauteng, 2198, South Africa

By accessing our Website, booking a discovery call, engaging our services, or submitting your information through any form connected to our services, you agree to be bound by these Terms. If you do not agree, do not use our Website or services.

• “Client” or “Service Provider” refers to the business or individual that engages MORT AI to provide lead generation and AI voice agent services.
• “Lead” or “Prospect” refers to an individual who submits their personal information through a Meta (Facebook/Instagram) Lead Form connected to a MORT AI advertising campaign.
• “Services” refers to the full scope of services provided by MORT AI, including but not limited to Meta advertising campaign management, AI voice agent deployment, lead qualification, appointment booking, and related integrations.
• “AI Voice Agent” refers to the automated, AI-powered voice calling system operated by MORT AI that contacts Leads by phone on behalf of Clients.
• “Setup Fee” refers to the non-refundable one-time fee charged to Clients for the initial configuration of advertising campaigns, AI voice agent setup, and system integrations.
• “Monthly Retainer” refers to the recurring monthly fee charged to Clients for ongoing service delivery.

MORT AI provides the following services to Clients:

• Creation and management of targeted Meta (Facebook/Instagram) advertising campaigns designed to generate leads within the Client's service area.
• Deployment and operation of AI voice agents that contact Leads by phone within minutes of form submission to qualify their enquiry and book appointments.
• Automatic population of lead data, call transcripts, and appointment details into the Client's Google Sheets and Google Calendar.
• Ongoing campaign monitoring, optimisation, and reporting.

MORT AI does not provide the underlying trade services advertised (e.g., flooring, solar installation, home services). We are a marketing and lead generation service provider only.

4.1 Eligibility

You must be at least 18 years of age to use our Website or engage our services.

4.2 Accuracy of Information

You agree that any information you provide through our Website or through any form connected to our services is accurate, current, and complete. You are responsible for updating your information if it changes.

4.3 Prohibited Use

You agree not to:

• Use the Website for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems.
• Use automated tools, bots, scrapers, or similar technology to access or collect data from the Website without our express written permission.
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our express written permission.
• Interfere with or disrupt the integrity or performance of the Website.

5.1 Discovery Call

Engagement with MORT AI begins with a discovery call during which we assess the Client's business, service area, target audience, and suitability for our services. Booking a discovery call does not constitute a binding agreement.

5.2 Service Agreement

A binding agreement is formed only upon the Client's acceptance of a formal service proposal or signed agreement, and payment of the applicable Setup Fee. Specific terms regarding scope, pricing, deliverables, and timelines will be outlined in the service agreement provided to each Client.

5.3 Minimum Commitment

All Client engagements are subject to a minimum commitment period of three (3) months from the date of service activation. The specific terms of this commitment are outlined in the individual service agreement.

5.4 Renewal

After the initial 3-month minimum commitment period, the engagement does not auto-renew. MORT AI and the Client will have a discussion to determine whether both parties wish to continue the engagement. Any renewal must be mutually agreed upon. If no renewal is agreed, services cease at the end of the current commitment period.

5.5 Cancellation Notice

The Client must provide at least thirty (30) days written notice of their intention not to renew or to cancel. Written notice must be delivered via email or WhatsApp. Verbal notice is not sufficient.

5.6 Setup Fee

The Setup Fee is non-refundable. It covers the cost of initial campaign creation, AI voice agent configuration, system integrations (Google Calendar, Google Sheets, webhook setup), and onboarding. This fee is earned upon commencement of setup work, regardless of whether the Client subsequently cancels or terminates the engagement.

5.7 Monthly Retainer

The Monthly Retainer is due at the beginning of each service month and covers ongoing campaign management, AI voice agent operation, optimisation, and support. Payment terms are specified in the individual service agreement.

5.8 Ad Spend

The Client is solely responsible for all Meta advertising spend. Ad spend is paid directly by the Client to Meta through the Client's own ad account. MORT AI does not collect, hold, or manage the Client's ad spend funds. MORT AI is not liable for any charges incurred by Meta on the Client's ad account.

6.1 Payment Schedule

All fees are due as specified in the individual service agreement. The Monthly Retainer is due at the beginning of each service month.

6.2 Late Payment

If payment is not received within seven (7) days of the due date, MORT AI reserves the right to immediately pause all Services, including advertising campaigns and AI voice agent operations. Services will resume once the outstanding balance is paid in full.

6.3 Continued Non-Payment

If payment remains outstanding for more than thirty (30) days, MORT AI may terminate the engagement in accordance with Section 8 (Early Termination). All outstanding fees become immediately due and payable.

The Client agrees to:

• Provide timely access to their Meta Business Suite and ad account as required for MORT AI to manage advertising campaigns.
• Share access to their Google Calendar (edit access) for appointment booking.
• Provide accurate and up-to-date information about their business, services, service area, and availability.
• Provide photos, logos, and brand assets as reasonably requested for ad creative production.
• Respond to MORT AI communications within a reasonable timeframe.
• Close leads and attend booked appointments. MORT AI is responsible for generating and qualifying leads; the Client is responsible for converting those leads into paying customers.
• Maintain their Meta ad account in good standing, including ensuring a valid payment method is attached and that the account complies with Meta's advertising policies.

Failure by the Client to fulfil these responsibilities may impact the performance of the Services. MORT AI shall not be held liable for underperformance resulting from the Client's failure to meet their obligations.

8.1 Termination by Client During Minimum Commitment

If the Client wishes to terminate the engagement before the end of the 3-month minimum commitment period, the Client will not receive any refund for fees already paid. No outstanding balance for the remainder of the commitment period is owed. However, MORT AI will continue delivering the Services in full until the end of the original 3-month commitment period. The Client does not have the right to cease Services early and receive money back. The Client committed to three (3) months, and MORT AI will deliver for three (3) months.

8.2 Performance Commitment During Engagement

If the Client is not seeing satisfactory results after the first month of service, MORT AI commits to reviewing and adjusting the campaign strategy, ad creative, targeting, and AI voice agent configuration. MORT AI will work with the Client to change the approach and make commercially reasonable efforts to improve performance. This is a commitment to effort and adaptation, not a guarantee of specific outcomes.

8.3 Termination by Client After Minimum Commitment

After the minimum commitment period, either party may terminate the engagement with thirty (30) days written notice via email or WhatsApp. Services will continue until the end of the current paid billing period.

8.4 Termination by MORT AI

MORT AI may terminate the engagement immediately if the Client:

• Fails to pay within the grace period specified in Section 6 (Payment Terms).
• Breaches any material term of these Terms or the service agreement.
• Engages in abusive, fraudulent, or harmful conduct toward MORT AI, its employees, or systems.
• Directs MORT AI to undertake any action that violates applicable law.

No refund is issued if MORT AI terminates for cause.

8.5 Setup Fee

In all cases of termination, the Setup Fee remains non-refundable.

8.6 Effect of Termination

Upon termination:

• MORT AI ceases all advertising campaigns and deactivates the AI voice agent.
• The Client's access to MORT AI systems is revoked.
• MORT AI will provide the Client with lead data and call transcripts generated during the engagement within fourteen (14) days of termination, after which MORT AI may delete such data in accordance with the Privacy Policy.
• Any outstanding fees become immediately due and payable.

9.1 No Guaranteed Outcomes

MORT AI does not guarantee a specific number of leads, appointments, or revenue outcomes unless explicitly stated in a separate written agreement between MORT AI and the Client. Any performance commitments, benchmarks, or service-level targets will be detailed in the individual service agreement.

9.2 Commitment to Adaptation

If the Client is not seeing satisfactory results after the first month of service, MORT AI will review campaign performance and make reasonable adjustments to strategy, ad creative, audience targeting, and AI voice agent configuration. MORT AI is committed to iterating and improving, but cannot guarantee specific outcomes due to factors outside its control.

9.3 Factors Outside Our Control

MORT AI's ability to deliver results is influenced by factors outside our control, including but not limited to:

• The Client's advertising budget and ad spend levels.
• Market demand and competition within the Client's service area.
• The Client's responsiveness to leads and ability to close appointments.
• Changes to Meta's advertising platform, algorithms, or policies.
• Lead behaviour, including whether Leads answer phone calls or attend appointments.

MORT AI commits to operating the Services with professional skill and care, using commercially reasonable efforts to generate leads and book qualified appointments. However, we do not and cannot guarantee a specific number of leads, appointments, or revenue outcomes.

10.1 MORT AI Property

All systems, processes, AI voice agent technology, campaign strategies, workflows, and proprietary methods used by MORT AI in the delivery of Services remain the exclusive intellectual property of MORT AI. The Client does not acquire any ownership rights in MORT AI's technology or processes through the engagement.

10.2 Client Property

All brand assets, logos, photos, and business information provided by the Client to MORT AI remain the property of the Client. MORT AI is granted a limited, non-exclusive licence to use these materials solely for the purpose of delivering the Services during the engagement.

10.3 Ad Creative

Ad creatives (images, copy, video) produced by MORT AI during the engagement are owned by MORT AI unless otherwise agreed in writing. The Client is granted a licence to use ad creatives for the duration of the engagement. Upon termination, the Client may request a licence to continue using ad creatives, subject to agreement.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement, including but not limited to business strategies, pricing, client lists, campaign performance data, and technical processes.

Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or as necessary for the performance of the Services (e.g., sharing lead data with the Client's designated personnel).

This obligation of confidentiality survives termination of the engagement.

MORT AI processes personal data in accordance with its Privacy Policy, available at mortaihq.com/privacy.

The Client acknowledges that MORT AI will process Lead data on the Client's behalf and agrees to comply with all applicable data protection laws in their jurisdiction, including but not limited to POPIA (South Africa) and applicable US state privacy laws.

The Client is responsible for handling Lead data received from MORT AI in compliance with applicable law. MORT AI is not responsible for the Client's use or misuse of Lead data after it has been delivered.

12.1 Data Processing

Where required by applicable data protection law, the parties will enter into a separate Data Processing Addendum (“DPA”) governing the processing of personal data by MORT AI on behalf of the Client. The DPA, where applicable, forms part of the agreement and takes precedence over these Terms to the extent of any conflict regarding data processing matters.

The Client acknowledges and agrees that:

• MORT AI uses AI-generated voice technology to contact Leads on the Client's behalf.
• The AI voice agent identifies itself as a digital assistant and discloses call recording at the beginning of every call.
• Consent to receive AI voice calls is obtained from Leads through the Meta Lead Form consent disclosure and checkbox prior to any call being placed.
• Call recordings and transcripts are generated and stored in accordance with the MORT AI Privacy Policy.

The Client shall not direct MORT AI to contact any individual who has not provided consent through the Meta Lead Form or an equivalent compliant consent mechanism.

14.1 Use of Client Name and Results

The Client grants MORT AI the right to reference the Client's business name, industry, and general campaign results (e.g., number of appointments booked, performance metrics) in MORT AI's marketing materials, website, case studies, social media, and sales presentations.

14.2 Anonymisation

MORT AI will not disclose specific financial details (e.g., Client's revenue, contract value, ad spend) without the Client's prior written consent.

14.3 Opt-Out

The Client may opt out of being referenced in marketing at any time by providing written notice via email or WhatsApp. MORT AI will remove the Client's information from future materials within thirty (30) days. Existing published materials will be removed on a commercially reasonable basis.

15.1 Cap on Liability

To the maximum extent permitted by applicable law, MORT AI's total aggregate liability to the Client for any and all claims arising out of or relating to the Services or these Terms shall not exceed the total fees paid by the Client to MORT AI during the three (3) month period immediately preceding the event giving rise to the claim.

15.2 Exclusion of Damages

In no event shall MORT AI be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business opportunities, or loss of data, whether arising from contract, tort, negligence, or any other legal theory, even if MORT AI has been advised of the possibility of such damages.

15.3 Third-Party Platforms

MORT AI is not liable for any disruptions, outages, changes, or failures of third-party platforms used in the delivery of Services, including but not limited to Meta (Facebook/Instagram), Google Workspace, Retell AI, and Instantly.ai. These platforms are operated by independent third parties and are subject to their own terms of service and availability.

15.4 Ad Account Issues

MORT AI is not liable for any suspension, restriction, or banning of the Client's Meta ad account by Meta, whether resulting from Meta's policy enforcement, algorithmic changes, or any other action taken by Meta.

The Client agrees to indemnify, defend, and hold harmless MORT AI, its founders, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• The Client's breach of these Terms or the service agreement.
• The Client's use or misuse of Lead data provided by MORT AI.
• The Client's failure to comply with applicable laws or regulations.
• Any claims by third parties arising from the Client's business operations, products, or services.

17.1 United States

Any dispute arising out of or relating to these Terms or the Services between MORT AI and a Client based in the United States shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.

17.2 South Africa

Any dispute arising out of or relating to these Terms or the Services between MORT AI and a Client based in South Africa shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal action or proceeding shall be brought exclusively in the courts of Gauteng, South Africa.

17.3 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party in writing and allowing thirty (30) days for a good-faith resolution.

18.1 Consent to Contact

By submitting your personal information through a Meta Lead Form connected to a MORT AI advertising campaign, you consent to being contacted by phone, including through AI-generated voice calls, automated dialling technology, and prerecorded messages, by or on behalf of the Service Provider identified in the advertisement. Full consent terms are presented on the Lead Form prior to submission.

18.2 Call Recording

All AI voice agent calls are recorded and transcribed. You will be informed of this at the beginning of every call. By continuing the call after this disclosure, you consent to the recording and transcription. You may end the call at any time if you do not wish to be recorded.

18.3 Opt-Out

You may opt out of receiving further calls at any time by telling the AI agent during the call, replying STOP to any text message, or contacting us at tristan@mortaihq.com. Your number will be added to our suppression list and no further automated calls will be placed.

18.4 No Obligation

Submitting a Lead Form does not create any obligation to purchase goods or services from the Service Provider. Consent to receive a call is not a condition of purchasing any goods or services.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to: natural disasters, pandemics, government actions or restrictions, internet or telecommunications failures, power outages, cyberattacks, failures or outages of third-party platforms (including Meta, Google, and Retell AI), and acts of war or terrorism.

The affected party must notify the other party as soon as reasonably practicable and make commercially reasonable efforts to mitigate the impact. If the force majeure event continues for more than sixty (60) days, either party may terminate the engagement by providing written notice.

The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, MORT AI disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

MORT AI does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. MORT AI does not warrant that the Services will achieve any particular result or outcome.

Neither party may assign, transfer, or delegate their rights or obligations under these Terms without the prior written consent of the other party, except that MORT AI may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it at a later time. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

All formal notices under these Terms must be delivered via email or WhatsApp to the contact details provided below and shall be deemed received upon confirmed delivery.

Notices sent via email are deemed delivered when the email is sent (not when opened). Notices sent via WhatsApp are deemed delivered when the message shows two blue ticks (read receipt).

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

These Terms, together with the Privacy Policy and any individual service agreement entered into between MORT AI and the Client, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter herein.

We may update these Terms from time to time. The updated Terms will be posted on our Website with a revised “Last Updated” date. Continued use of the Website or Services after any changes constitutes acceptance of the revised Terms. For Clients under active service agreements, material changes to these Terms will be communicated via email at least thirty (30) days prior to taking effect.

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