1. Acceptance of Terms
By accessing our website or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the services.
2. Services & Scope
TopherAI provides AI chatbots, virtual receptionists, missed-call text-back, booking automation, and related consulting. Specific deliverables, service levels, or timelines may be set in an order form or statement of work.
3. Accounts & Security
- You are responsible for maintaining the confidentiality of your credentials.
- You must promptly notify us of any unauthorized use of your account.
- You agree to provide accurate, current, and complete information.
4. Fees, Billing & Taxes
- Plans are billed as listed on our site (e.g., Starter: $149/mo + $199 setup; Premium: $300/mo + $499 setup), unless otherwise agreed in writing.
- Setup fees are typically due upfront and are non-recurring.
- Monthly fees are billed in advance and renew automatically until canceled.
- Prices may change with notice; changes take effect on the next billing cycle.
- You are responsible for applicable taxes unless we collect them at checkout.
5. Cancellations & Refunds
- You may cancel at any time; service continues through the paid term.
- We offer a 14-day pilot. If we don’t achieve the pilot criteria we state on our site, you owe $0 for that pilot period.
- For paid plans, we offer a 30-day satisfaction guarantee on your first month’s subscription fee. Setup fees are non-refundable once implementation work begins.
6. Acceptable Use
You agree not to misuse the services or help others do so. Prohibited activities include, without limitation:
- Violating laws; infringing intellectual property or privacy rights.
- Sending spam or deceptive messages; collecting data unlawfully.
- Interfering with or disrupting the services or networks.
- Attempting to reverse engineer or bypass service protections.
- Using the AI to generate unlawful, discriminatory, or harmful content.
7. Data, Privacy & AI
- We handle personal data as described in our Privacy Policy.
- Chat transcripts and metadata may be processed to operate, secure, and improve the services.
- When you submit third-party data to the AI (e.g., your customers’ info), you represent that you have lawful rights and permissions to do so.
- You are responsible for configuring your bot to avoid collecting sensitive data unless legally permitted and required for your use case.
8. Third-Party Services
The services may integrate with third-party platforms (e.g., Calendly, Google, chat providers, analytics). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party services.
9. Intellectual Property
- We retain all rights, title, and interest in the services, software, and content we provide.
- You retain rights to your trademarks, content, and data that you supply.
- During the term, we grant you a limited, non-exclusive, non-transferable license to use the services as intended.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the services will be uninterrupted, error-free, or meet your requirements.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPHERA I AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE 3 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold TopherAI, its affiliates, and personnel harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the services, your content, or your violation of these Terms.
13. Changes to the Terms
We may update these Terms occasionally. We will post changes on this page with an updated “Effective Date.” Your continued use of the services after changes become effective constitutes acceptance of the revised Terms.
14. Governing Law
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Venue for disputes will be in state or federal courts located in Arizona, unless otherwise agreed in writing.
15. Contact
- Email: info@topherai.com
- Phone: (213) 500-0605
- Address: Kingman, Arizona, USA