Effective Date: 25 Sept 2025

Company: Serica Marketing LLC

State of Incorporation: Wyoming, United States

Website: https://www.sericamarketing.com

Contact Email: [email protected]

1. Acceptance of Terms

By accessing or using the services provided by Serica Marketing LLC (“Serica Marketing,” “we,” “us,” or “our”), including AI voice agents, AI chatbots, marketing automation, and related digital marketing services (collectively, the “Services”), you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, you may not use our Services.

2. Definitions

“AI Services” – refers to AI-powered voice agents, chatbots, and automation tools provided by Serica Marketing.

“Client Data” – any data, content, or information you provide to us to train, configure, or run AI Services.

“Third-Party Services” – external platforms or tools integrated with our Services, such as GoHighLevel, payment processors, or communication providers.

“Confidential Information” – non-public business, technical, or financial information disclosed by either party.

“Agreement” – this Terms of Service document.

3. Description of Services

We provide AI-powered marketing solutions, including but not limited to:

- AI voice agents and chatbots for customer interaction

- Marketing automation tools (SMS, email, voice, etc.)

- Reporting, and campaign management

- Integrations with third-party software and platforms

We reserve the right to decline, update, enhance, or discontinue parts of the Services at our discretion.

4. Payment Terms

Billing Cycle – Our Services are billed on a recurring monthly basis unless otherwise stated.

Setup Fees – Some Services may require a one-time setup fee, disclosed at the time of purchase.

Payment Method – You authorize us to charge your provided payment method automatically for subscription fees and other applicable charges.

Late Payments – Failure to pay on time may result in suspension or termination of Services. Interest may accrue on unpaid balances at 1.5% per month (or the maximum allowed by law).

5. Client Responsibilities

You are responsible for providing accurate and lawful training data for AI Services.

You must ensure that your use of our Services complies with all applicable laws, including consumer protection, privacy, and communication regulations.

You are responsible for the accuracy of content generated or distributed through AI systems on your behalf.

6. SMS Terms and Conditions

By providing your phone number and opting in to Serica Marketing LLC SMS service, you agree to receive recurring automated marketing and transactional messages. Message frequency varies (typically 2-4 messages per month). Message and data rates may apply.

To opt-in, text START to +1 507-668-7382 or complete our online consent form.

To opt-out, text STOP to any message.

For help, text HELP or contact [email protected]

Carriers are not liable for delayed or undelivered messages.

7. Intellectual Property

Our IP – All software, AI models, algorithms, automations, integrations, branding, and proprietary technology remain the sole property of Serica Marketing.

Client IP – You retain ownership of all Client Data and content you provide.

Usage Rights – By providing Client Data, you grant us a limited license to use, process, and store such data solely for the purpose of providing the Services.

Deliverables – Unless otherwise agreed in writing, any deliverables created by us using AI tools remain licensed to you for business use but do not transfer ownership of the underlying AI systems.

8. Data Privacy and Security

We take reasonable measures to protect Client Data, including encryption and secure storage.

However, no system is 100% secure. You acknowledge that you provide data at your own risk.

We comply with applicable data privacy laws, but ultimate responsibility for regulatory compliance in your industry rests with you.

9. Service Limitations and AI Disclaimers

AI-generated outputs may not always be accurate, complete, or appropriate.

We do not guarantee specific results, outcomes, or ROI from the use of AI Services.

You are responsible for reviewing and approving all AI outputs before acting on them.

10. Limitation of Liability

To the maximum extent permitted by law:

Serica Marketing shall not be liable for indirect, incidental, or consequential damages arising from use of the Services.

Our total liability for any claim shall not exceed the total fees you paid to us in the three (3) months preceding the claim.

We are not liable for damages arising from reliance on AI-generated content.

11. Termination

By Client – You may terminate Services at any time by providing written notice. Cancellation is effective at the end of your current billing cycle.

By Serica Marketing – We may terminate Services immediately for non-payment, breach of these Terms, or unlawful activity.

Effect of Termination – Upon termination, your access to Services will end, but payment obligations already incurred remain due.

12. Dispute Resolution

Any disputes will first be attempted to resolve informally between the parties.

If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, in the state of Wyoming.

Each party is responsible for its own legal costs unless otherwise decided by the arbitrator.

13. Service Levels and Uptime

We aim for 99% uptime for hosted AI and automation services, excluding scheduled maintenance and third-party outages.

We make no guarantee of uninterrupted service and disclaim liability for downtime caused by third-party providers.

14. Third-Party Integrations

Our Services may integrate with external platforms (e.g., GoHighLevel, CRMs, email/SMS carriers).

We are not responsible for errors, downtime, or failures caused by third-party systems.

Your use of integrated services is subject to the third party’s terms of service.

15. Refund Policy

Setup Fees – Non-refundable.

Monthly Subscriptions – Non-refundable once the billing period begins.

Prepaid Services – Refunds may be granted only if required by law or under a specific written agreement.

16. Indemnification

You agree to indemnify and hold harmless Serica Marketing, its officers, employees, and contractors from any claims, damages, or expenses arising from:

Your use of the Services,

Any violation of laws or regulations,

Any misuse of AI-generated content,

Any claims related to Client Data.

17. Compliance with Communication Regulations

You agree to comply with all applicable laws and regulations related to communications, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable FCC, FTC, or international regulations.

You are solely responsible for obtaining proper consents before contacting customers via SMS, email, or voice through our Services.

18. Changes to Terms

We may update these Terms from time to time. Updated Terms will be posted on our website, and your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

19. Contact Information

If you have questions about these Terms, please contact us at:

Email: [email protected]

Website:https://www.sericamarketing.com