Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you (whether individually or on behalf of a business entity) and Gates Technologies ("Company," "we," "us," or "our") regarding your use of our website, products, and services, including AI voice agents, chatbots, lead engagement systems, website creation, review management, appointment reminders, and related offerings (collectively, "Services").

By accessing and using Gates Technologies' services, you agree to be bound by these Terms. If you do not agree to abide by the above, please do not use this service. We reserve the right to update these Terms at any time without notice. Your continued use of the Services following any such updates constitutes your acceptance of the revised Terms.

2. Eligibility & User Accounts

2.1 Eligibility

You represent and warrant that you: (a) have the legal capacity to enter into a binding agreement; (b) are a business entity or individual authorized to enter into contracts on behalf of your business; (c) are not using the Services for any illegal or unauthorized purpose; and (d) comply with all applicable laws and regulations in your jurisdiction.

2.2 Account Creation & Security

• You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.
• You agree to provide accurate, complete, and current information during registration.
• You are solely responsible for any unauthorized use of your account and must notify us immediately of any security breaches.
• You may not share your account or credentials with other parties.

2.3 Account Termination

Either you or Gates Technologies may terminate your account at any time, effective immediately. Upon termination, your access to the Services will be revoked, and your data will be deleted according to our Data Retention Policy.

3. Description of Services

Gates Technologies provides a range of AI-powered solutions for service businesses:

• AI Voice Agents: Automated telephone systems that handle inbound calls, schedule appointments, and qualify leads.
• Live Lead Engagement: Real-time AI responses to customer inquiries across multiple channels.
• Lead Reactivation: SMS and messaging campaigns to re-engage dormant prospects.
• Chatbots: Website-integrated AI assistants that answer FAQs and collect customer information.
• Website Creation: AI-assisted custom website design and deployment.
• Review Management: Automated systems that request and manage customer reviews.
• Appointment Reminders: Automated reminder communications for scheduled appointments.

Services are provided on an "as-is" basis. We continuously improve our Services but make no warranty regarding uptime, accuracy of AI outputs, or specific results.

4. Payment Terms & Billing

4.1 Pricing & Payment Model

• Pricing consists of an upfront setup fee and monthly recurring charges based on the Services selected.
• All fees are non-refundable. This includes setup fees, monthly charges, and any other fees paid to Gates Technologies. Once payment is made, no refunds will be issued for any reason, including partial use, service cancellation, or account termination.
• Monthly charges are billed in advance on the anniversary date of your account creation.
• All prices are displayed in U.S. dollars unless otherwise specified.
• We reserve the right to modify pricing with 30 days' written notice. Price changes apply to renewals, not current billing periods.

4.2 Billing & Invoicing

• You authorize us to charge your payment method on file for all fees owed.
• If your payment fails, we may suspend your account after notifying you.
• You are responsible for maintaining current payment information.
• Invoices are provided electronically and retained in your account dashboard.

4.3 Taxes

You are responsible for paying any applicable sales tax, VAT, GST, or other taxes on your use of the Services. We will collect taxes where applicable in accordance with local tax laws.

5. Acceptable Use Policy

You agree not to use the Services for any unlawful, unethical, or abusive purposes, including but not limited to:

• Violating any local, state, national, or international law or regulation.
• Harassing, abusing, threatening, or defaming others through AI interactions.
• Fraudulently misrepresenting your business or services to customers.
• Engaging in discrimination based on protected characteristics (race, gender, religion, etc.).
• Using the Services to collect data without consent or violate privacy laws.
• Attempting to reverse-engineer, decompile, or hack the Services.
• Using the Services to generate misleading, false, or defamatory content.
• Violating the intellectual property rights of third parties.
• Using the Services to spam, phish, or engage in malicious hacking.
• Exceeding reasonable use limits or overloading our infrastructure.
• Reselling, redistributing, or licensing our Services without authorization.

Violation of this policy may result in immediate account suspension and legal action.

6. User Responsibilities

• Legal Compliance: You are responsible for ensuring your use of the Services complies with all applicable laws, including TCPA (telemarketing), GDPR (data privacy), CAN-SPAM (email), and local regulations.
• Customer Consent: You must obtain appropriate consent from customers before the AI interacts with them (e.g., calling, texting, emailing).
• Privacy & Data: You are responsible for any customer data you provide to our Services and ensuring you have the right to do so.
• Content: You are responsible for all content, scripts, and information you provide to configure your AI agents.
• Accuracy: You must ensure all information you provide (business details, customer data, pricing, policies) is accurate and not misleading.
• License Compliance: You may not use the Services in any way that violates third-party intellectual property or licensing rights.

7. Intellectual Property Rights

7.1 Company IP

All content, technology, features, and materials provided by Gates Technologies—including our AI models, platform design, code, documentation, and branding—are the exclusive intellectual property of Gates Technologies or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your business purposes only.

7.2 Client & AI Output Ownership

Ownership of AI-generated outputs (responses, voice recordings, transcripts, recommendations, website content) is shared between you and Gates Technologies. Specifically:

• You own the output as it applies to your specific business and customer interactions.
• Gates Technologies retains the right to use anonymized and aggregated outputs to improve our AI models and services.
• You may not republish, resell, or license our AI outputs to third parties without our consent.

7.3 Your Content

You retain all ownership rights to content you create and provide (business descriptions, scripts, customer data, etc.). By providing this content, you grant Gates Technologies a perpetual, worldwide, royalty-free license to use it for delivering the Services and improving our AI systems.

7.4 Third-Party Content

You agree not to infringe upon third-party intellectual property rights. If your use of the Services infringes third-party rights, we may suspend your account and pursue legal action.

8. Limitation of Liability

8.1 AI Error & Output Disclaimer

IMPORTANT: You acknowledge and agree that:

• AI-generated outputs may contain errors, inaccuracies, or inappropriate responses.
• Gates Technologies is not responsible for errors, misunderstandings, or negative outcomes resulting from AI interactions.
• You are responsible for reviewing and validating all AI outputs before they reach your customers.
• You assume all risk for customer satisfaction, disputes, and complaints arising from AI interactions.
• You indemnify and hold Gates Technologies harmless from any third-party claims related to AI outputs.

8.2 General Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Gates Technologies shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, loss of data, or loss of business opportunity, arising from your use of the Services, even if advised of the possibility of such damages.
• Our total liability to you for any claim arising out of or relating to these Terms or the Services shall be limited to the total amount you have paid to Gates Technologies in the 12 months preceding the claim.
• Some jurisdictions do not allow limitation of liability, so this section may not apply to you.

8.3 Service "As-Is"

The Services are provided "as-is" and "as-available" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

8.4 Uptime & Service Interruptions

While we strive for high availability, Gates Technologies does not guarantee uninterrupted service. We are not liable for downtime, data loss, or service interruptions due to technical issues, maintenance, security updates, or circumstances beyond our control. You agree that Gates Technologies has no liability for any damages resulting from service interruptions.

9. Indemnification

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

• Your violation of these Terms or applicable law.
• Your use of the Services or content you provide.
• Your violation of a third party's intellectual property or privacy rights.
• Claims by your customers related to AI interactions or service quality.
• Any unauthorized use of the Services through your account.

10. Dispute Resolution & Arbitration

10.1 Binding Arbitration

Any dispute or claim arising from or relating to these Terms, the Services, or your use thereof shall be resolved by binding arbitration rather than in court. You and Gates Technologies agree that:

• Either party may initiate arbitration by providing written notice to the other party.
• Arbitration shall be conducted under the rules of the American Arbitration Association (AAA).
• The arbitration shall be held in Atlanta, Georgia, or remotely at the arbitrator's discretion.
• The arbitrator's decision is final and binding.
• Each party bears its own legal fees and costs unless the arbitrator awards fees to the prevailing party.

10.2 Exceptions

Notwithstanding the arbitration requirement, either party may seek injunctive relief in court to prevent irreparable harm or to enforce intellectual property rights. Additionally, small claims disputes under $5,000 may be litigated in small claims court at the claimant's discretion.

10.3 Informal Resolution

Before pursuing arbitration or litigation, the parties agree to attempt informal resolution by good-faith negotiation. Contact gatestech@proton.me with a detailed description of your dispute, and we will attempt to resolve the matter within 30 days.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. You consent to the jurisdiction of the arbitration procedures and courts located in Georgia for any disputes.

12. Suspension & Termination

12.1 Suspension for Violations

Gates Technologies may suspend your access to the Services immediately, without notice, if we reasonably believe you are:

• Violating these Terms or applicable law.
• Engaging in fraudulent, abusive, or threatening conduct.
• Violating others' intellectual property or privacy rights.
• Failing to pay fees owed.
• Violating TCPA, GDPR, CAN-SPAM, or other regulatory requirements.

12.2 Termination by You

You may terminate your account at any time by contacting us at gatestech@proton.me. Termination is effective immediately. All fees paid, including setup fees and monthly charges, are non-refundable. No refunds will be issued upon account termination for any reason.

12.3 Consequences of Termination

Upon termination: (a) your account access is revoked, (b) your data is deleted per our Data Retention Policy, (c) outstanding payment obligations remain due, and (d) our liability limitations and your indemnification obligations survive.

13. Modifications to Services

Gates Technologies reserves the right to modify, update, enhance, or discontinue any aspect of the Services at any time with or without notice. We are not liable for any changes, modifications, or discontinuation of the Services. No refunds will be issued if we discontinue or modify a service, even if you have paid for the current billing period.

14. Compliance with Laws

You are responsible for ensuring your use of the Services complies with all applicable laws and regulations, including but not limited to:

• TCPA (Telephone Consumer Protection Act): Obtain written consent before making automated calls or texts.
• GDPR (General Data Protection Regulation): Ensure customer data is collected and processed lawfully.
• CAN-SPAM Act: Include unsubscribe options and proper headers in marketing emails.
• CCPA (California Consumer Privacy Act): Honor consumer privacy rights if you serve California residents.
• State & Local Laws: Comply with telemarketing, privacy, and consumer protection laws in your jurisdiction.

Gates Technologies is not responsible for your legal compliance. You assume all legal liability for your use of the Services.

15. Third-Party Services & Links

Our Services integrate with third-party platforms (OpenAI, Twilio, ElevenLabs, Ulio, etc.). We are not responsible for the conduct, terms, or policies of these third parties. Your use of third-party services is governed by their own terms and privacy policies. Gates Technologies is not liable for any issues, failures, or data breaches by third-party providers.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gates Technologies regarding the Services and supersede all prior negotiations, representations, and agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17. Waiver & Severability

Waiver: The failure of Gates Technologies to enforce any right or provision shall not be deemed a waiver of such right or provision.

Severability: If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed and replaced with an enforceable provision that reflects the original intent, and the remaining provisions shall continue in full force and effect.

18. Contact Information

For questions about these Terms, to report violations, or to exercise your rights, please contact: