Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Client," "you," or "your") and AFT Labs ("AFT Labs," "we," "us," or "our") governing your access to and use of the website located at aftlabsai.com (the "Site") and any AI implementation, automation, consulting, or related services we provide (collectively, the "Services").

By accessing the Site, submitting an inquiry, or engaging us to deliver Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or our Services.

AFT Labs designs, builds, deploys, and manages AI-driven revenue and operations systems for aesthetic practices, wellness clinics, property management companies, and other service businesses. Services may include lead-response automation, patient or customer reactivation, rebooking workflows, voice and SMS agents, CRM integration, and ongoing optimization.

The specific scope, deliverables, fees, timelines, and performance expectations for each engagement are defined in a separate written proposal, statement of work, or order form (each, an "SOW") executed by both parties. In the event of a conflict between these Terms and a signed SOW, the SOW controls for that engagement.

You must be at least 18 years old and authorized to enter into binding agreements on behalf of the business you represent. By using the Services, you represent and warrant that you meet these requirements.

You agree to:

• Provide timely, accurate, and complete information needed for us to deliver the Services, including access to your CRM, scheduling tools, communications platforms, and historical data where applicable.
• Designate a primary point of contact authorized to make decisions and approve changes.
• Maintain valid licenses, consents, and permissions for any data, content, or systems you connect to our Services, including consumer-contact records used for outreach.
• Comply with all applicable laws governing your business, including telemarketing, electronic communications, healthcare privacy, and consumer protection laws.
• Pay all fees in accordance with the applicable SOW.

You agree not to use the Site or Services to:

• Send unsolicited communications in violation of the TCPA, CAN-SPAM, CASL, GDPR, or any other applicable law.
• Transmit unlawful, harassing, defamatory, fraudulent, or infringing content.
• Reverse engineer, decompile, scrape, or attempt to extract source code or proprietary logic from any system we deliver.
• Resell, sublicense, or otherwise commercially exploit the Services without our prior written consent.
• Interfere with the security or integrity of the Site, the Services, or any third-party infrastructure we use.

Fees, payment schedules, and refund terms are specified in the applicable SOW. Unless otherwise stated, fees are billed in advance and are non-refundable once work has commenced. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend Services until your account is current.

AFT Labs retains all right, title, and interest in and to its underlying frameworks, prompts, workflow templates, training data, tooling, and methodologies, including improvements made during your engagement (collectively, the "AFT IP").

Subject to your payment of all applicable fees, we grant you a non-exclusive, non-transferable, worldwide license to use the specific configurations and outputs delivered to you under an SOW solely for your internal business purposes during the term of your engagement.

You retain ownership of your business data, customer data, brand assets, and any pre-existing materials you provide to us. You grant us a limited license to use such materials only as necessary to deliver the Services and, in de-identified or aggregated form, to improve our products.

The Services rely on third-party platforms, including CRM, messaging, telephony, payment, and large language model providers. Your use of those platforms is governed by their own terms and privacy policies. AFT Labs is not responsible for outages, errors, pricing changes, or policy changes by third-party providers, though we will use commercially reasonable efforts to provide continuity.

The Services use generative AI to produce text, voice, and decision outputs. AI outputs may be inaccurate, incomplete, or unsuitable for certain contexts. You are responsible for reviewing AI outputs before relying on them for clinical, financial, or legal decisions. The Services are not a substitute for professional medical, legal, financial, or other licensed advice.

Where the Services involve Protected Health Information as defined under HIPAA, the parties will enter into a separate Business Associate Agreement ("BAA") before any PHI is transmitted, processed, or stored. Absent an executed BAA, you agree not to transmit PHI to us through the Site or the Services.

Each party agrees to protect the other's non-public business, technical, and financial information with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Confidentiality obligations survive termination for three (3) years, and indefinitely for trade secrets.

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AFT LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE ANY SPECIFIC REVENUE OR ROI OUTCOME. ANY PROJECTIONS, EXAMPLES, OR TARGETS PUBLISHED ON THE SITE OR IN MARKETING MATERIALS ARE ILLUSTRATIVE AND NOT GUARANTEES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFT LABS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO AFT LABS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL AFT LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

You agree to indemnify, defend, and hold harmless AFT Labs, its officers, employees, and contractors from any third-party claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) your misuse of the Services, (c) data, content, or contact lists you provided, or (d) your violation of any law or third-party right.

Either party may terminate an engagement as provided in the applicable SOW. We may suspend or terminate your access to the Site or Services immediately if you breach these Terms, fail to pay, or use the Services in a way that creates legal or operational risk for us or others. Sections 5, 7, 11, 12, 13, 14, 16, and 17 survive termination.

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in California under the Commercial Arbitration Rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect its intellectual property or confidential information. You and AFT Labs each waive any right to a jury trial and to participate in a class action.

We may update these Terms from time to time. Updates are effective when posted to this page, and the "Last updated" date will be revised. Material changes will be communicated to active clients by email. Your continued use of the Site or Services after an update constitutes acceptance.

Questions about these Terms can be sent to info@aftlabsai.com.