Terms of Service

1. Who we are

The website and services are provided by CARTIAMAI LLC, a New Mexico limited liability company, business address 539 W Commerce St, Ste 7352, Dallas, TX 75208, United States. Contact: carlosvillafuerte@cartiamai.com.

2. The services we provide

CartiamAI designs, builds and operates AI systems and related professional services, which may include AI voice agents, inbound assistants, automated research deliverables, automation and integration work, and web design and development. The website and product pages describe our offerings in general terms; the specific scope, deliverables, fees, timelines and responsibilities for any paid engagement are governed by a separate written order, statement of work or order form ('Order'). If an Order conflicts with these Terms, the Order controls for that engagement.

3. No professional advice; informational content only

Our website, blog, case studies, stories and any research or AI output are provided for general business and informational purposes. They are not legal, financial, tax, medical, security or other professional advice, and they do not create a professional-client relationship. You are responsible for evaluating, validating and deciding how to use any information or output we provide before relying on it.

4. Using the website and accounts

Using the website does not by itself create a contractual engagement. Demos, forms and conversations exist to evaluate needs, prepare proposals and coordinate next steps. If you create an account, you are responsible for the accuracy of your information, for safeguarding your credentials, and for activity under your account. You agree not to misuse the site, interfere with its operation, attempt to gain unauthorized access, scrape it at scale, or use it to violate any law or third-party right.

5. Orders, fees and payment

• Fees, currency and payment schedule for each engagement are set in the applicable Order. Unless stated otherwise, prices are in US dollars and exclusive of taxes, which are your responsibility.
• Payments are processed securely through Stripe; by paying, you also agree to Stripe's applicable terms.
• One-time research jobs are delivered as described on the relevant product page or Order.
• Subscriptions, where offered, renew for successive periods until cancelled and may be cancelled effective at the end of the current billing period; fees already paid are non-refundable except as stated in Section 6 or as required by law.
• Late or failed payments may result in suspension of services after notice.

6. Refunds

If a delivered research job materially fails to match the scope described in its product page or Order, contact us at carlosvillafuerte@cartiamai.com within 7 days of delivery and we will review a correction or a refund in good faith. Custom development, integration and operated services are delivered against the milestones in the Order and are governed by that Order's acceptance and refund terms.

7. Client responsibilities, consent and lawful use of communications

Many of our products send or facilitate communications (voice calls, SMS, WhatsApp, email) and process data about third parties. Where we operate these on your behalf, you are the controller of that activity and you are responsible for its legality.

• You must have, and maintain, all consents, opt-ins and prior express written consent required to contact the individuals you ask us to reach, and you must honor opt-outs, do-not-call and do-not-contact requests.
• You are responsible for compliance with telemarketing and messaging laws applicable to your campaigns, including the US Telephone Consumer Protection Act (TCPA), FCC and FTC rules, the CAN-SPAM Act, state calling, recording and AI-disclosure laws, and the equivalent laws of any other country you target.
• You authorize and are responsible for any call recording, and for providing the disclosures and obtaining the consents that one-party or two-party (all-party) consent jurisdictions require.
• You must provide accurate information and the lawful right to process any data, lists or research subjects you submit to us.
• You will not use our services for unlawful, deceptive, harassing, infringing or harmful purposes, including fraud, voice impersonation of a real person without authorization, or generating content that violates law or third-party rights.

8. AI-specific terms and acceptable use

Our products use artificial intelligence. AI output can be inaccurate, incomplete or unexpected, and may vary between runs. We do not warrant that AI output is accurate, fit for a particular purpose, free of bias, or suitable for any high-risk use. You are responsible for human review of AI output before relying on it, and you must not use our services for decisions about an individual's eligibility for credit, employment, housing, insurance, healthcare or other legally regulated decisions without your own compliance review and required human oversight.

You must disclose the use of AI and automated agents to the people they interact with where applicable law requires, and you will not present our AI as a licensed professional.

9. Intellectual property

We and our licensors own the website, our products, software, models, methods, templates and brand. Subject to full payment and the applicable Order, you receive the ownership or license to the specific deliverables defined in that Order; we retain ownership of our pre-existing and general-purpose tools, know-how and reusable components. You grant us a limited license to use the materials you provide solely to deliver the engagement, and, unless you opt out in writing, a right to reference the engagement and non-confidential results as a portfolio example.

10. Third-party services

Our services rely on third-party providers (for example model, telephony, hosting, payment and analytics providers). Their availability and terms are outside our control, and we are not liable for their acts, omissions or outages. Your use of features powered by a third party may be subject to that party's terms.

11. Disclaimer of warranties

To the maximum extent permitted by law, the website and services are provided 'as is' and 'as available', without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the services will be uninterrupted, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or business interruption, arising out of or related to the website or services, even if advised of the possibility of such damages.

To the maximum extent permitted by law, CartiamAI's total aggregate liability arising out of or related to the website and services will not exceed the greater of the amount you paid us for the specific engagement giving rise to the claim in the twelve months before the event, or US $1,000. These limits do not apply to liability that cannot be limited by law.

13. Indemnification

You will defend, indemnify and hold harmless CartiamAI and its members, officers, contractors and agents from and against any third-party claims, damages, losses and reasonable costs (including attorneys' fees) arising out of: your use of the services; the data, lists, content or instructions you provide to us; your communications campaigns and your consent and recording practices; and your breach of these Terms or violation of law or third-party rights.

14. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and the applicable Order, protect it with reasonable care, and not disclose it except to those who need it and are bound by similar obligations, or as required by law.

15. Term, suspension and termination

These Terms apply while you use the site or have an active engagement. We may suspend or terminate access for breach, suspected unlawful use, non-payment, or risk to the services, with notice where practicable. Provisions that by their nature should survive termination (including Sections 9 through 17) survive.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. The parties will first attempt to resolve any dispute informally by contacting carlosvillafuerte@cartiamai.com. Any dispute not resolved within 30 days will be brought exclusively in the state or federal courts located in New Mexico, USA, and you consent to their jurisdiction, except that either party may seek injunctive relief to protect its intellectual property or confidential information in any court of competent jurisdiction.

To the extent permitted by law, any dispute will be resolved on an individual basis, and you and CartiamAI waive any right to participate in a class or representative action. Any claim must be brought within one year after it arises, except where applicable law requires a longer period. Mandatory consumer-protection rights in your country of residence are not affected by this Section.

17. General

These Terms, together with any applicable Order and our Privacy Policy, are the entire agreement between you and CartiamAI regarding the services. If any provision is found unenforceable, the rest remains in effect and the provision is enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. We may update these Terms, and the 'last updated' date reflects the latest revision; continued use after changes constitutes acceptance.

18. Contact

Questions about these Terms can be sent to CARTIAMAI LLC, 539 W Commerce St, Ste 7352, Dallas, TX 75208, United States, or carlosvillafuerte@cartiamai.com.

Reach us

CARTIAMAI LLC · 539 W Commerce St, Ste 7352, Dallas, TX 75208, United States · carlosvillafuerte@cartiamai.com