Terms of Service

Definitions

For the purposes of this Agreement, the following terms have the meanings set out below:

• "Services" means AI voice agents, AI chatbots, marketing automation systems, and related digital marketing services provided by Korva.
• "Client" means the individual or business entity that has engaged Korva to provide Services.
• "Platform" means GoHighLevel and any other third-party software tools used to deliver the Services.
• "AI System" means any artificial intelligence voice agent, chatbot, or automated messaging system built and managed by Korva on behalf of the Client.
• "Setup Fee" means the one-time fee charged to configure, build, and launch the Client's AI System.
• "Monthly Retainer" means the recurring monthly fee charged for ongoing management, optimization, and support of the Services.
• "Training Data" means information, scripts, call recordings, business details, and other content provided by the Client and used to configure and train the AI System.

Services

Korva Digital Marketing provides AI-powered automation services for local businesses, including but not limited to:

• AI voice agent setup, configuration, and ongoing management
• Missed call text-back automation
• Automated appointment booking and calendar integration
• Lead follow-up and nurture sequence automation
• CRM setup and workflow automation via GoHighLevel
• Digital marketing consultation and strategy

The specific scope of Services provided to each Client is outlined in their individual service agreement or proposal. Korva reserves the right to modify, update, or discontinue any Service offering with 30 days' written notice to active Clients.

Payment Terms

All fees are charged in U.S. dollars and processed through Stripe, our third-party payment processor.

• Setup Fees are due in full prior to commencement of any work. No setup or configuration will begin until payment is received and confirmed.
• Monthly Retainers are billed on a recurring basis on the same calendar date each month, beginning on the date services go live.
• Auto-Billing: By providing a payment method, you authorize Korva to charge your card automatically each billing cycle. It is your responsibility to ensure your payment information remains current.
• Failed Payments: If a payment fails, Korva will attempt to collect payment up to three times over seven days. If payment remains outstanding after this period, Services may be suspended until the balance is resolved.
• Late Payments: Accounts more than 14 days past due may incur a late fee of 1.5% per month on the outstanding balance.
• Price Changes: Korva reserves the right to adjust pricing with 30 days' written notice. Continued use of Services after the effective date constitutes acceptance of the new pricing.

Refund Policy

Korva offers a 30-day money-back guarantee on Monthly Retainer fees for new Clients, subject to the following conditions:

• The refund request must be submitted in writing to [email protected] within 30 days of your first monthly billing date.
• The Client must have completed onboarding and allowed the system to operate for a minimum of 14 days before requesting a refund.
• Refunds apply to the Monthly Retainer only. Setup Fees are non-refundable once work has commenced, as they compensate for time and resources already invested in building your system.
• Refunds will be processed within 10 business days of approval and returned to the original payment method.

After the 30-day period, all fees are non-refundable. Cancellation of Services does not entitle the Client to a refund of fees already paid.

Client Responsibilities

The Client agrees to fulfill the following obligations to enable Korva to deliver Services effectively:

• Onboarding Participation: Complete the onboarding call and provide all requested business information, scripts, FAQs, and materials within 7 days of signing.
• Accurate Information: Provide accurate, complete, and up-to-date information about your business, services, pricing, and operations. Korva is not responsible for errors resulting from inaccurate information provided by the Client.
• Training Data: You warrant that any content, recordings, scripts, or data you provide does not infringe any third-party intellectual property rights and that you have the right to share it with Korva.
• Legal Compliance: You are responsible for ensuring that your use of the AI System complies with all applicable local, state, and federal laws, including telecommunications regulations (TCPA), CAN-SPAM, and any industry-specific regulations.
• Contact Consent: You are solely responsible for ensuring that all contacts in your database have provided proper consent to receive automated calls, texts, and emails. Korva is not liable for compliance violations arising from your contact lists.
• Review Before Launch: You agree to review and approve all AI scripts, automations, and workflows before they go live. Approval constitutes your acceptance of the content.
• Timely Communication: Respond to Korva communications within 3 business days. Delays in Client response may impact project timelines and are not the responsibility of Korva.

Intellectual Property

Korva's Property: All proprietary systems, workflows, templates, methodologies, and processes developed by Korva — including AI system frameworks, automation blueprints, and standard operating procedures — remain the sole intellectual property of Korva Digital Marketing. Clients receive a license to use these systems for the duration of their engagement but do not acquire ownership.

Client's Property: All content, branding, business information, and data provided by the Client remains the Client's property. By providing this content, you grant Korva a limited license to use it solely for the purpose of delivering Services.

Upon Termination: If services are terminated, Korva will provide the Client with their contact data and any content they provided. Korva's underlying system frameworks and workflows are not transferable and will not be handed over upon termination.

Confidentiality: Both parties agree to keep confidential any proprietary information shared during the engagement and not to disclose it to third parties without prior written consent.

Data & Privacy

Korva takes data security seriously. By using our Services, you acknowledge the following:

• Data Collection: In the course of providing Services, Korva may collect and process names, phone numbers, email addresses, business information, call recordings, and chat transcripts belonging to you and your customers.
• Data Storage: Client data is stored within GoHighLevel's hosted infrastructure. GoHighLevel maintains its own data security and privacy practices, which are governed by their terms of service.
• Data Usage: Korva uses Client data solely for the purpose of delivering and improving the Services. We do not sell Client data to third parties.
• AI Training: Call recordings and conversation transcripts may be used to improve and optimize AI System performance for your account. This data is not used to train general AI models.
• Third-Party Services: Services are delivered using GoHighLevel, Twilio, and OpenAI. By using our Services, you acknowledge that data may pass through these platforms and are subject to their respective privacy policies.
• Data Breach: In the event of a data breach that affects your information, Korva will notify you within 72 hours of becoming aware of the breach.

For full details on how we collect, use, and protect data, please review our Privacy Policy.

AI Services & Limitations

The Client acknowledges the following inherent limitations and considerations of AI-powered services:

• Not Human: AI voice agents and chatbots are automated systems, not human employees. While they are designed to sound natural and professional, they may not handle every conversation perfectly, particularly unusual requests or highly emotional interactions.
• Accuracy: AI Systems are configured based on information you provide. Korva is not responsible for inaccurate responses resulting from incomplete or incorrect information supplied during onboarding.
• Regulatory Compliance: AI-generated calls and messages are subject to telecommunications regulations including the TCPA. You are responsible for ensuring your use complies with all applicable regulations. Korva will implement industry best practices but cannot guarantee full compliance in all jurisdictions.
• Third-Party AI: AI capabilities are powered in part by OpenAI. Korva does not control OpenAI's models and cannot guarantee their performance, availability, or accuracy.
• Continuous Improvement: AI Systems improve over time as they are optimized. Initial performance may not reflect long-term performance after proper tuning and optimization.

Limitation of Liability

To the maximum extent permitted by applicable law, Korva Digital Marketing shall not 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, or loss of data, arising out of or related to these Terms or the Services.

Korva's total cumulative liability to you for any claims arising out of or related to these Terms or the Services, regardless of the form of action, shall not exceed the total amount of fees paid by you to Korva in the three months immediately preceding the event giving rise to the claim.

Korva is not liable for any damages arising from:

• Third-party service outages (GoHighLevel, Twilio, OpenAI, Stripe)
• Telecommunications carrier issues or message delivery failures
• Inaccurate information provided by the Client during onboarding
• Client's failure to comply with applicable laws and regulations
• Force majeure events beyond Korva's reasonable control

Termination

Cancellation by Client: You may cancel your Services at any time by providing written notice to [email protected] at least 14 days before your next billing date. Cancellation takes effect at the end of the current billing period. No partial-month refunds will be issued.

Termination by Korva: Korva reserves the right to terminate Services immediately and without refund if:

• Payment is not received within 14 days of the due date
• The Client uses the Services for unlawful purposes
• The Client violates any material term of this Agreement
• Continued provision of Services would expose Korva to legal liability

Effect of Termination: Upon termination, Korva will deactivate all AI Systems and automations associated with the Client's account. The Client is responsible for ensuring their own communications are handled appropriately following termination. Korva will provide the Client's data within 30 days of written request.

Dispute Resolution

Good Faith Resolution: In the event of any dispute, both parties agree to first attempt to resolve the matter informally by contacting the other party in writing and allowing 30 days for a good-faith response.

Binding Arbitration: If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wenatchee, Washington, or remotely by mutual agreement. The decision of the arbitrator shall be final and binding.

Class Action Waiver: You agree that any arbitration will be conducted on an individual basis only. You waive any right to bring or participate in a class action lawsuit or class-wide arbitration.

Governing Law: This Agreement is governed by the laws of the State of Washington, without regard to its conflict of law provisions.

Exception: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.

Service Level Agreement

Korva commits to the following service standards for active Clients on a Monthly Retainer:

• System Uptime: Korva targets 99% uptime for all AI Systems. Scheduled maintenance will be communicated at least 24 hours in advance where possible.
• Support Response: Client inquiries submitted to [email protected] will receive an initial response within 1 business day.
• Issue Resolution: Critical issues that prevent the AI System from functioning will be prioritized and addressed within 24 hours. Non-critical issues will be resolved within 5 business days.
• Optimization: Monthly review and optimization of AI System performance is included in all active retainer plans.
• Third-Party Dependencies: Korva's SLA commitments are contingent on the availability of third-party platforms (GoHighLevel, Twilio, OpenAI). Outages caused by these providers are outside Korva's control and are not considered SLA violations.

Third-Party Integrations

Korva's Services rely on the following third-party platforms and services. By engaging Korva, you acknowledge their involvement:

• GoHighLevel — CRM, automation, and communications platform. Subject to GoHighLevel's Terms of Service.
• Twilio — SMS and voice communications infrastructure. Subject to Twilio's Terms of Service and Acceptable Use Policy.
• OpenAI — AI language model provider powering conversational AI capabilities. Subject to OpenAI's Usage Policies.
• Stripe — Payment processing. Subject to Stripe's Terms of Service. Korva does not store your full payment card information.
• Google Analytics — Website analytics. Subject to Google's Privacy Policy.

Korva is not responsible for changes to, outages of, or policy changes by any third-party provider. We will make reasonable efforts to notify Clients of any material changes that affect their Services.

SMS Terms & Conditions

Client Obligations for SMS: If Korva configures SMS automation for your business and your customers, you are responsible for:

• Obtaining proper written consent from all contacts before sending automated SMS messages
• Maintaining records of opt-in consent
• Honoring opt-out requests immediately
• Ensuring all SMS content complies with TCPA, CAN-SPAM, and carrier regulations
• Including required disclosures (message frequency, rates, opt-out instructions) in all opt-in materials

Korva will implement A2P 10DLC registration on your behalf as part of the onboarding process. You are responsible for providing accurate business information required for registration. Korva is not liable for message delivery failures resulting from carrier filtering, registration issues caused by inaccurate Client information, or changes to carrier policies.

General Provisions

Entire Agreement: This Agreement, together with any signed service proposal or agreement, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior discussions, representations, and agreements.

Amendments: Korva reserves the right to update these Terms at any time. Updated Terms will be posted at www.korvadigitalmarketing.com/terms with a revised "Last Updated" date. Continued use of Services after the effective date constitutes acceptance of the revised Terms.

Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of that party's right to enforce that provision in the future.

No Agency: Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between Korva and the Client.

Contact: For questions about these Terms, contact us at: