TERMS OF SERVICE

MortAi LLC

Effective Date: January 1, 2025
Last Updated: January 1, 2025

1. ACCEPTANCE OF TERMS

By accessing or using any services provided by MortAi LLC, a Delaware limited liability company ("MortAi," "we," "us," or "our") through our website at https://mortaihq.com (the "Site") or any related platforms, you ("Client," "Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"), including all policies and guidelines incorporated by reference. If you do not agree to these Terms, you must not use our Services.

2. COMPANY INFORMATION

Legal Entity: MortAi LLC
Registered Address: 2093 Philadelphia Pike #2802, Claymont, DE 19703, United States
Operating Address: 1183 Muirfield Drive, Eagle Canyon, South Africa
Website: https://mortaihq.com
Support Contact: [email protected]
Legal Contact: [email protected]

3. SERVICES PROVIDED

3.1 Service Description

MortAi provides AI-powered lead generation, qualification, and appointment setting services ("Services") including but not limited to:

Automated voice AI calling systems

Text message (SMS/WhatsApp) AI engagement

Multi-channel lead follow-up automation

Real-time lead qualification and scoring

Calendar appointment scheduling

CRM integration services

Custom AI conversation flows

Performance analytics and reporting

24/7 automated lead response systems

3.2 Service Models

We offer Services under two distinct payment models:

Performance-Based Model: Payment per qualified appointment booked

Subscription Model: Upfront monthly or annual fees for defined service tiers

4. ELIGIBILITY AND ACCOUNT TERMS

4.1 Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding contracts. By using our Services, you represent and warrant that you meet these eligibility requirements.

4.2 Business Use Only

Our Services are designed exclusively for business use. You agree not to use our Services for personal, household, or consumer purposes.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach.

5. PAYMENT TERMS

5.1 Fee Structure

Fees are determined based on your selected service model:

Performance-Based Pricing:

You pay only for qualified appointments successfully booked through our AI systems

Current rate: As specified in your Service Agreement

Fees are due upon appointment booking, regardless of whether the prospect attends

Subscription Pricing:

Monthly or annual fees paid in advance

Pricing tiers based on lead volume and feature access

Custom enterprise pricing available

5.2 Payment Processing

All payments are processed through Stripe, Inc. We accept all payment methods supported by Stripe, including major credit cards, debit cards, and ACH transfers.

5.3 Billing Terms

Performance fees are invoiced weekly or monthly

Subscription fees are billed in advance

All fees are in USD unless otherwise specified

Payment is due within 7 days of invoice date

Late payments incur 1.5% monthly interest or the maximum allowed by law

5.4 Non-Refundable Fees

ALL FEES PAID TO MORTAI ARE NON-REFUNDABLE. Once an appointment is booked or a subscription period begins, fees cannot be refunded, including in cases where:

The prospect fails to attend the appointment

You cancel or reschedule the appointment

You terminate Services mid-billing cycle

You claim dissatisfaction with lead quality

6. REFUND POLICY

6.1 Eligibility for Refunds

Refunds are granted only in exceptional circumstances and at MortAi's sole discretion. To be eligible for any refund consideration, you must:

Provide documented evidence of system usage showing active engagement with our AI tools

Demonstrate that Services were not delivered as specified in your Service Agreement

Submit refund requests within 14 days of the billing date

Show proof of technical failures on our end that prevented service delivery

6.2 Non-Eligible Scenarios

No refunds will be provided for:

Unused Services or credits

Lack of results due to insufficient lead volume

Market conditions affecting conversion rates

Changes in your business model or needs

Failure to properly configure or use the Services

Dissatisfaction with lead quality that meets agreed criteria

7. SERVICE LEVEL AND PERFORMANCE

7.1 Service Availability

While we strive for 99.9% uptime, MortAi does not guarantee uninterrupted service. We are not liable for any downtime, including scheduled maintenance or force majeure events.

7.2 No Performance Guarantees

MortAi makes no guarantees regarding:

Conversion rates or appointment show rates

Lead quality beyond agreed qualification criteria

Business outcomes or revenue generation

Specific appointment volumes

Customer satisfaction with your services

7.3 Best Efforts Basis

All Services are provided on a "best efforts" basis using industry-standard AI technology and practices.

8. CLIENT OBLIGATIONS

8.1 Accurate Information

You must provide accurate, complete, and current information for lead processing, including:

Valid contact information for leads

Accurate business hours and availability

Proper calendar integration credentials

Compliance with all applicable laws regarding lead collection

8.2 Lead Compliance

You warrant that all leads provided to MortAi:

Were obtained legally and with proper consent

Comply with TCPA, CAN-SPAM, GDPR, and all applicable regulations

Include necessary opt-in permissions for automated contact

Are not on any Do Not Call registries you're required to honor

8.3 Cooperation

You agree to:

Respond promptly to our requests for information

Maintain adequate staff to handle booked appointments

Provide feedback on AI performance for optimization

Not interfere with or attempt to reverse-engineer our AI systems

9. INTELLECTUAL PROPERTY

9.1 MortAi Property

All AI models, algorithms, software, scripts, conversation flows, and technology remain the exclusive property of MortAi. No license or ownership rights are transferred to you.

9.2 Client Data

You retain ownership of your customer data and lead information. You grant MortAi a limited license to use this data solely for providing Services.

9.3 Aggregated Data

MortAi may use anonymized, aggregated data from all clients to improve Services and develop industry insights. No identifying information will be shared.

9.4 Feedback

Any feedback, suggestions, or improvements you provide become the property of MortAi and may be used without compensation or attribution.

10. CONFIDENTIALITY

10.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information shared during the service relationship, including but not limited to:

Pricing and payment terms

Technical specifications and methods

Customer lists and lead data

Business strategies and plans

10.2 Data Security

MortAi implements industry-standard security measures to protect client data, including encryption, access controls, and regular security audits. However, we cannot guarantee absolute security.

11. LIMITATION OF LIABILITY

11.1 LIABILITY CAP

IN NO EVENT SHALL MORTAI'S TOTAL LIABILITY EXCEED THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 EXCLUSION OF DAMAGES

MORTAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

LOST PROFITS OR REVENUE

LOSS OF BUSINESS OPPORTUNITIES

REPUTATIONAL DAMAGE

DATA LOSS OR CORRUPTION

FAILURE TO REALIZE EXPECTED SAVINGS

11.3 ESSENTIAL PURPOSE

THESE LIMITATIONS APPLY EVEN IF MORTAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

12. INDEMNIFICATION

12.1 Client Indemnification

You agree to indemnify, defend, and hold harmless MortAi, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

Your breach of these Terms

Your violation of any laws or regulations

Your use of the Services

Claims by your leads or customers

Your content, data, or marketing practices

Any allegation of TCPA, CAN-SPAM, or privacy violations related to your leads

12.2 Procedure

We will notify you promptly of any claim and cooperate in your defense. You may not settle any claim affecting MortAi without our written consent.

13. DISCLAIMERS AND WARRANTIES

13.1 AS-IS SERVICE

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13.2 DISCLAIMER OF WARRANTIES

MORTAI DISCLAIMS ALL WARRANTIES INCLUDING:

MERCHANTABILITY

FITNESS FOR A PARTICULAR PURPOSE

NON-INFRINGEMENT

ACCURACY OR RELIABILITY OF SERVICES

UNINTERRUPTED OR ERROR-FREE OPERATION

13.3 AI LIMITATIONS

You acknowledge that AI technology has inherent limitations and may produce unexpected results. MortAi is not responsible for AI responses that may be inaccurate, inappropriate, or fail to meet your expectations.

14. TERM AND TERMINATION

14.1 Term

These Terms commence upon your first use of Services and continue until terminated.

14.2 Termination for Convenience

Either party may terminate Services upon 30 days written notice. Subscription clients must pay for the full current billing period.

14.3 Termination for Cause

MortAi may immediately terminate Services if you:

Breach these Terms

Fail to pay fees when due

Engage in fraudulent or illegal activities

Misuse or attempt to hack our systems

Provide invalid or fraudulent lead data

14.4 Effect of Termination

Upon termination:

All fees become immediately due and payable

Your access to Services ceases immediately

We may delete your data after 30 days

Sections 9-13 and 15-20 survive termination

15. DISPUTE RESOLUTION

15.1 Governing Law

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

15.2 Mandatory Arbitration

ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA).

15.3 Arbitration Process

Arbitration shall occur in Wilmington, Delaware

Each party bears its own costs

The arbitrator's decision is final and binding

Judgment may be entered in any court of competent jurisdiction

15.4 Class Action Waiver

YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTION LAWSUITS AGAINST MORTAI.

15.5 Injunctive Relief

Notwithstanding the above, either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

MortAi reserves the right to modify these Terms at any time. Changes become effective upon posting to our website.

16.2 Notice of Changes

We will provide notice of material changes via email or through the Services. Continued use after changes constitutes acceptance.

17. COMPLIANCE AND LEGAL

17.1 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations.

17.2 Anti-Corruption

You represent that you have not and will not make any illegal payments or engage in corrupt practices in connection with these Services.

17.3 Regulatory Compliance

You are solely responsible for ensuring your use of Services complies with all applicable laws, including telecommunications, privacy, and marketing regulations.

18. DATA PROTECTION AND PRIVACY

18.1 Data Processing

We process data in accordance with our Privacy Policy, incorporated herein by reference.

18.2 International Transfers

You consent to the transfer of data to the United States and other jurisdictions where we operate.

18.3 GDPR Compliance

For EU data subjects, we will enter into appropriate Data Processing Agreements upon request.

19. MISCELLANEOUS PROVISIONS

19.1 Entire Agreement

These Terms constitute the entire agreement between you and MortAi regarding the Services.

19.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

19.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

19.4 Assignment

You may not assign these Terms without our written consent. MortAi may assign these Terms without restriction.

19.5 Force Majeure

Neither party is liable for delays or failures due to causes beyond their reasonable control.

19.6 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

19.7 Survival

All provisions that should reasonably survive termination of these Terms shall survive.

20. CONTACT INFORMATION

For questions about these Terms of Service, please contact:

General Inquiries: [email protected]
Legal Matters: [email protected]
Mailing Address:
MortAi LLC
2093 Philadelphia Pike #2802
Claymont, DE 19703
United States

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.