Deep Ink Marketing

Terms of Service

Before you use this: This Terms of Service was drafted with AI assistance as a starting template for Deep Ink Marketing. It is not legal advice and is not a substitute for review by a licensed Virginia business attorney. Before you publish this or ask a client to agree to it, have an attorney review it — especially the arbitration, limitation of liability, and telephone/communications compliance sections, since the rules around AI voice/text outreach (TCPA, CTIA) carry real penalties if gotten wrong. Replace every bracketed [placeholder] before use.

Effective Date:

These Terms of Service ("Terms") are a legally binding agreement between Deep Ink Marketing, a sole proprietorship organized under the laws of the Commonwealth of Virginia ("Deep Ink Marketing," "we," "us," or "our"), and the business or individual purchasing services ("Client," "you," or "your"). By signing an order form, paying an invoice, or using any service we provide, you agree to these Terms.

1. Definitions

"Services" means the AI voice agents, AI chatbots, marketing automation, and related digital marketing services Deep Ink Marketing provides to Client, as described in an applicable order form, proposal, or statement of work. "AI Systems" means any artificial intelligence or automated software tool used to deliver the Services, including voice agents, chatbots, workflow automations, and content-generation tools, whether built by Deep Ink Marketing or licensed from a third party. "Third-Party Platforms" means software or infrastructure Deep Ink Marketing relies on to deliver the Services, including but not limited to GoHighLevel, Twilio, OpenAI, and similar providers. "Client Data" means any information, content, customer records, call recordings, or materials Client or Client's customers provide to Deep Ink Marketing or to an AI System in connection with the Services. "End Users" means Client's own customers, patients, or leads who interact with the Services (for example, a caller speaking with an AI voice agent).

2. Description of Services

Deep Ink Marketing provides AI-powered marketing and customer communication services to local businesses, which may include: AI voice agents that answer, qualify, or schedule calls; AI chatbots for website or text message conversations; marketing automation (including email, SMS, and database/profit-launch style campaigns); reputation management and SEO services; and related consulting. The exact scope of Services for a given engagement is set out in an order form, proposal, or statement of work, which is incorporated into these Terms by reference.

3. AI-Specific Services and Limitations

Client acknowledges and agrees to the following about the nature of AI-powered Services: AI Systems can make mistakes. They may misunderstand a caller, provide an inaccurate answer, mis-transcribe a message, or behave unpredictably in edge cases. Deep Ink Marketing works to configure and test AI Systems reasonably but does not guarantee error-free performance. AI Systems are not a replacement for human judgment in situations involving medical, legal, financial, or safety-critical decisions. Client agrees not to deploy the Services for such purposes without appropriate human oversight. AI output quality depends in part on the information Client provides (see Section 4). Garbage in, garbage out: incomplete or inaccurate inputs will produce incomplete or inaccurate AI behavior. Deep Ink Marketing may update, retrain, reconfigure, or replace underlying AI models and Third-Party Platforms over time to maintain or improve performance, and will use reasonable efforts to notify Client of changes that materially affect the Services.

4. Client Responsibilities for AI Training Data

To configure and operate the AI Systems on Client's behalf, Deep Ink Marketing needs accurate information from Client, including business hours, service offerings, pricing, scripts, FAQs, and sample customer interactions ("Training Data"). Client agrees that: Client owns and is responsible for the accuracy, legality, and completeness of all Training Data it provides. Client will not provide Training Data that is false, misleading, or that it does not have the right to share (for example, another company's confidential information, or personal data collected without proper consent). Deep Ink Marketing may use Training Data solely to configure, operate, and improve the Services for Client, and will not sell Training Data to third parties. Client is responsible for promptly updating Training Data (price changes, new hours, discontinued offers, etc.) so the AI Systems continue to represent Client's business accurately. Deep Ink Marketing is not liable for AI output based on outdated information Client failed to update.

5. Fees and Payment Terms

Setup Fees: A one-time setup fee, if applicable, is due before work begins and is set out in the order form. Recurring Fees: Ongoing Services are billed monthly in advance on a recurring basis, starting on the date Services go live, unless the order form specifies a different billing cycle. Payment Method: Fees are collected via the payment method on file (credit card or ACH) through our payment processor. Client authorizes recurring charges until the agreement is terminated. Late Payments: Invoices not paid within 5 days of the due date may result in suspension of Services. A late fee of up to 1.5% per month (or the maximum allowed by Virginia law, if lower) may apply to overdue balances. Price Changes: Deep Ink Marketing may adjust recurring fees with at least 30 days' written notice before the change takes effect on a renewal cycle. Taxes: Fees are exclusive of any applicable sales, use, or similar taxes, which are Client's responsibility unless otherwise stated.

6. Service Level Agreements and Uptime

Deep Ink Marketing will use commercially reasonable efforts to keep the Services available and operating as intended. However, because the Services depend on Third-Party Platforms (including GoHighLevel, Twilio, and AI model providers), Deep Ink Marketing does not guarantee 100% uptime and is not responsible for outages, slowdowns, or errors caused by those third parties. Deep Ink Marketing will notify Client of known, significant outages affecting the Services and will work in good faith to restore functionality as quickly as reasonably possible.

7. Third-Party Integrations

The Services are built on and integrate with third-party platforms, including GoHighLevel (CRM and automation), Twilio (calling/messaging), AI model providers such as OpenAI, and other tools disclosed to Client. Client's use of the Services is also subject to the applicable terms of those third parties. Deep Ink Marketing is not responsible for outages, policy changes, price changes, or data handling by third-party providers, though we will make reasonable efforts to keep Client informed of changes that materially affect the Services.

8. Intellectual Property

Deep Ink Marketing's IP: All software, workflows, prompt libraries, automations, templates, and AI configurations developed or licensed by Deep Ink Marketing (collectively, "Deep Ink Marketing IP") remain the property of Deep Ink Marketing, whether or not built specifically for Client. Client receives a non-exclusive, non-transferable right to use Deep Ink Marketing IP solely in connection with the Services during the term of this agreement. Client's IP: Client retains ownership of its own trademarks, content, and Training Data. Client grants Deep Ink Marketing a license to use that material solely to provide the Services. AI-Generated Output: To the extent permitted by law, Client may use AI-generated content created specifically for Client's business (such as website copy or ad copy produced for Client) in its own marketing. Underlying prompts, workflow structures, and automation logic remain Deep Ink Marketing IP.

9. Data Privacy and Security

Deep Ink Marketing collects and processes personal data (Client's and End Users') in connection with the Services as described in our Privacy Policy, which is incorporated into these Terms by reference. Client is responsible for ensuring it has the legal right to share End User data (such as customer phone numbers) with Deep Ink Marketing and its AI Systems, including obtaining any consents required under applicable law.

10. Compliance with Telephone and Communications Regulations

Client is solely responsible for ensuring that its use of AI voice agents, SMS, and automated outreach complies with applicable law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state telemarketing laws, and the messaging policies of carriers and platforms used (for example, Twilio/CTIA guidelines). This includes obtaining any required prior consent before calling or texting End Users, honoring opt-out and do-not-call requests, and not using the Services to contact numbers on a do-not-call registry without a valid exemption. Deep Ink Marketing will provide reasonable guidance and built-in opt-out functionality where feasible, but compliance with these laws for Client's specific use case is Client's responsibility, and Client agrees to indemnify Deep Ink Marketing for violations arising from Client's instructions or data (see Section 13).

11. Limitation of Liability

To the maximum extent permitted by law: (a) Deep Ink Marketing provides the Services "as is" and "as available," without warranties of any kind, express or implied, including as to the accuracy or reliability of AI-generated output; (b) Deep Ink Marketing will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or lost business, arising from use of the Services; and (c) Deep Ink Marketing's total liability for any claim arising from these Terms or the Services will not exceed the total fees paid by Client to Deep Ink Marketing in the three (3) months immediately preceding the event giving rise to the claim. Nothing in this section limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under Virginia law.f any kind, express or implied, including as to the accuracy or reliability of AI-generated output; (b) Deep Ink Marketing will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or lost business, arising from use of the Services; and (c) Deep Ink Marketing's total liability for any claim arising from these Terms or the Services will not exceed the total fees paid by Client to Deep Ink Marketing in the three (3) months immediately preceding the event giving rise to the claim. Nothing in this section limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under Virginia law.

12. Indemnification

Client agrees to indemnify, defend, and hold harmless Deep Ink Marketing from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Client's Training Data or instructions to the AI Systems; (b) Client's violation of applicable law, including telephone/communications regulations described in Section 10; (c) Client's use of the Services in a way not authorized by these Terms; or (d) Client's breach of these Terms. Deep Ink Marketing agrees to indemnify Client against third-party claims that Deep Ink Marketing IP, as delivered and used as intended, directly infringes a third party's valid U.S. intellectual property rights.

13. Term and Termination

Term: This agreement begins on the effective date in the order form and continues on a month-to-month basis unless a different initial term is specified. Termination for Convenience: Either party may terminate with 30 days' written notice. Termination for Cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 10 days of written notice, or if the other party becomes insolvent. Effect of Termination: Upon termination, Client's access to the Services ends, and any outstanding fees for Services rendered become immediately due. Sections relating to payment obligations already incurred, intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.

14. Refund Policy

Setup fees are non-refundable once work has begun, as they compensate for time already spent on configuration. Recurring monthly fees are non-refundable for the month in which Services were active, except where Deep Ink Marketing failed to deliver the Services as described and the issue is not resolved within a reasonable time after Client raises it, in which case a prorated refund may be issued at Deep Ink Marketing's discretion. Any trial or guarantee period offered in a specific order form (for example, a money-back trial) controls over this general policy for that offer.