Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the MACFai website, products, services, AI agents, automation systems, messaging workflows, integrations, software, dashboards, reporting tools, mobile visibility tools, and related features (collectively, the "Services").

By accessing our website, submitting a form, booking a demo, creating an account, purchasing, subscribing to, or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. COMPANY INFORMATION

MACFai LLC

Email: [email protected]

Website: macfai.com

Mailing Address: 11280 NW 22nd Ave, Miami, FL 33167, United States

2. DESCRIPTION OF SERVICES

MACFai provides AI agents, automation systems, communication workflows, dashboards, reporting, integrations, and related business tools designed to help organizations respond faster, reduce manual work, improve follow-up, and increase operational visibility.

Depending on the engagement, the Services may include:

• AI voice agents
• AI chat agents
• SMS automation
• CRM and calendar workflows
• messaging and telephony setup
• reporting and dashboards
• workflow design and optimization
• integrations with third-party tools and platforms
• maintenance and support

The exact scope, pricing, deliverables, limits, and configuration of the Services may vary based on the applicable plan, order form, invoice, proposal, statement of work, or other written agreement between you and MACFai.

3. ELIGIBILITY

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.

If you use the Services on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

4. LICENSE TO USE THE SERVICES

Subject to these Terms and your compliance with them, MACFai grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes.

You may not use the Services for any unlawful, unauthorized, or prohibited purpose, or in any way that could damage, disable, overburden, interfere with, or impair the Services or related systems.

5. SUBSCRIPTION, PRICING, AND USAGE

A. Fixed Monthly Service Fee

Unless otherwise stated in a separate written agreement, the standard monthly service fee is USD $299 per month.

This fee may include, as applicable:

• ongoing maintenance;
• weekly reporting;
• dashboard or mobile visibility access;
• general support included in your plan;
• routine operational monitoring associated with the subscribed Services.

B. Usage-Based Charges

Certain Services may also include usage-based charges.

For the voice/agent model described by MACFai, usage is billed at USD $0.15 per minute, unless otherwise stated in writing.

Example:

A 5-minute call = $0.75

300 calls per month at an average duration of 5 minutes = 1,500 minutes

1,500 × $0.15 = $225 usage charges

$225 + $299 fixed monthly fee = $524 total for that billing month

This example is illustrative only. Actual charges depend on actual usage.

Unless otherwise stated in writing:

• usage is billed monthly based on actual measured usage during the billing period;
• MACFai may calculate usage by minutes, session duration, communication events, or other measurable usage units, depending on the Service;
• taxes, carrier fees, government fees, and third-party platform charges may be added where applicable.

C. No Guaranteed Results

Pricing examples and service descriptions do not guarantee any particular business outcome, revenue result, volume, lead count, conversion rate, savings, or operational improvement.

6. BILLING, PAYMENTS, AND AUTO-RENEWAL

A. Recurring Billing

Unless otherwise stated in writing, subscriptions renew automatically on a month-to-month basis until canceled.

By subscribing or purchasing, you authorize MACFai to charge your payment method on file for:

• the fixed monthly subscription fee;
• any applicable usage-based charges;
• taxes and other applicable charges.

B. Billing Timing

The fixed monthly fee is billed in advance for each billing cycle. Usage-based charges are generally billed in arrears based on actual usage during the applicable billing period, unless otherwise stated in writing.

C. Payment Due

Payments are due immediately upon invoice or automatic billing unless different payment terms are expressly stated in writing.

D. Failed or Late Payments

If a payment fails, is declined, reversed, or remains unpaid, MACFai may, without limitation:

• retry the charge;
• issue an invoice;
• suspend or limit access to the Services;
• pause messaging, voice, dashboards, workflows, or automations;
• terminate Services for nonpayment.

E. Auto-Renewal Disclosure

Your subscription renews automatically each month unless canceled before the next billing date.

By subscribing, you acknowledge that:

• recurring charges will apply;
• charges may include both fixed monthly fees and variable usage-based charges;
• you may cancel in accordance with these Terms.

7. CANCELLATION AND REFUNDS

A. How to Cancel

You may cancel by:

• emailing [email protected]; or
• using the same online account area or cancellation flow through which you subscribed, where available.

B. When Cancellation Takes Effect

To avoid renewal for the next billing cycle, cancellation must be submitted before the next billing date.

Unless otherwise stated in writing:

• cancellation takes effect at the end of the current billing period;
• already billed subscription fees are non-refundable;
• accrued usage charges remain due and payable.

C. No Partial Refunds

Except where required by law or expressly agreed in writing, MACFai does not provide refunds or prorated refunds for partial months, unused time, unused minutes, or unconsumed capacity.

8. SMS AND MESSAGING TERMS

If you provide your mobile number and opt in to receive messages from MACFai, you agree to receive messages relating to:

• your inquiry;
• demo scheduling;
• reminders;
• service follow-up;
• operational updates;
• support communications;
• workflow, automation, or appointment notifications, where applicable.

Message frequency may vary. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Consent to receive text messages is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties or affiliates for their own marketing or promotional purposes.

Text messaging opt-in data, consent records, and related mobile information will not be sold, rented, or shared with third parties for their own marketing or promotional purposes.

We may share messaging-related information with service providers, subcontractors, and platforms only as necessary to provide messaging, workflow, customer support, technical operations, and related service functions.

9. CUSTOMER RESPONSIBILITIES

You are responsible for:

• providing accurate account, business, contact, and billing information;
• maintaining the confidentiality of credentials and account access;
• ensuring your use of the Services complies with applicable law;
• obtaining any required notices, consents, or authorizations from your own leads, customers, or end users;
• reviewing outputs, workflows, scripts, routing logic, and automation settings before deployment where appropriate;
• using the Services only for lawful and authorized purposes.

You may not use the Services to:

• send unlawful, deceptive, abusive, harassing, or spam communications;
• violate telemarketing, privacy, messaging, or consumer protection laws;
• impersonate another person or entity;
• infringe intellectual property or other legal rights;
• interfere with, disrupt, probe, or misuse our systems;
• engage in illegal, fraudulent, or misleading activity.

10. CUSTOMER DATA

You retain ownership of the data, materials, and information you provide to MACFai or upload through the Services ("Customer Data").

You grant MACFai a limited, non-exclusive right to host, process, transmit, store, display, and otherwise use Customer Data only as reasonably necessary to:

• provide and support the Services;
• configure, maintain, and improve workflows and system performance;
• generate reporting and dashboards;
• troubleshoot issues;
• fulfill contractual obligations;
• comply with legal obligations.

You represent and warrant that you have all rights, permissions, and lawful bases necessary to provide Customer Data and permit MACFai to process it in connection with the Services.

11. AI, AUTOMATION, AND OUTPUTS

The Services may include AI-generated responses, automated workflows, recommendations, routing decisions, summaries, transcriptions, and similar outputs.

You acknowledge and agree that:

• AI or automated outputs may be incomplete, inaccurate, delayed, or inappropriate in some circumstances;
• human review may be necessary depending on the use case;
• MACFai does not guarantee that outputs, recommendations, automations, or routing decisions will be error-free or suitable for every purpose;
• you remain responsible for your business decisions, compliance obligations, and use of Service outputs.

MACFai is not responsible for losses arising from your failure to review, supervise, validate, or properly implement workflows, logic, scripts, automations, or communications.

12. THIRD-PARTY SERVICES

The Services may interoperate with or depend on third-party providers, including messaging providers, telephony providers, CRM systems, scheduling tools, analytics tools, infrastructure providers, APIs, and cloud platforms.

MACFai is not responsible for third-party acts or omissions, including:

• service downtime;
• API failures;
• carrier filtering or blocking;
• delays or outages;
• pricing changes;
• policy changes imposed by third-party providers.

Third-party services may be governed by their own terms, policies, and technical limitations.

13. SERVICE AVAILABILITY AND CHANGES

MACFai will use commercially reasonable efforts to make the Services available, but does not guarantee uninterrupted, error-free, or always-available operation.

We may modify, suspend, limit, replace, or discontinue all or part of the Services at any time for reasons including:

• maintenance;
• security;
• abuse prevention;
• legal compliance;
• operational changes;
• provider dependency;
• nonpayment.

14. INTELLECTUAL PROPERTY

Except for Customer Data and any rights expressly granted to you in writing, all right, title, and interest in and to the Services, software, branding, content, dashboards, templates, workflows, documentation, reports, configurations, and related materials belong to MACFai or its licensors.

You may not copy, modify, distribute, reverse engineer, resell, sublicense, or exploit the Services or our intellectual property except as expressly authorized in writing.

15. CONFIDENTIALITY

Each party agrees to use reasonable care to protect confidential information received from the other party and to use such information only as necessary to perform under these Terms.

Confidential information does not include information that:

• becomes public through no breach by the receiving party;
• was already lawfully known to the receiving party;
• is lawfully obtained from a third party without restriction;
• is independently developed without use of the other party's confidential information.

16. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

MACFAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.

MACFAI DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• ANY MESSAGE, CALL, OR COMMUNICATION WILL BE DELIVERED OR RECEIVED;
• THIRD-PARTY CHANNELS WILL FUNCTION WITHOUT INTERRUPTION;
• ANY PARTICULAR RESULT, REVENUE, LEAD VOLUME, CONVERSION RATE, COST REDUCTION, OR OTHER BUSINESS OUTCOME WILL OCCUR.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACFAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACFAI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MACFAI DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MACFai, its affiliates, officers, directors, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Services;
• your Customer Data;
• your violation of these Terms;
• your violation of applicable law;
• your communications with leads, customers, or end users;
• your failure to obtain required consent, authorization, or legal rights.

19. TERMINATION

MACFai may suspend or terminate your access to the Services at any time, with or without notice, if:

• you violate these Terms;
• you fail to pay amounts due;
• your use creates legal, compliance, fraud, abuse, or security risk;
• continued service is no longer commercially reasonable;
• required by law or third-party provider restrictions.

Upon termination:

• your right to use the Services ends immediately;
• outstanding amounts remain due;
• MACFai may retain certain information as required by law, security, backup, accounting, or compliance obligations.

20. FORCE MAJEURE

MACFai will not be liable for delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including acts of God, labor disputes, internet or telecommunications failures, utility failures, cyber incidents, governmental actions, epidemics, natural disasters, or failures of third-party providers.

21. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party consents to personal jurisdiction and venue in those courts.

22. CHANGES TO THESE TERMS

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date and may provide additional notice where appropriate.

Your continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any applicable order form, statement of work, proposal, invoice, or written agreement between the parties, constitute the entire agreement regarding the Services and supersede prior or contemporaneous discussions on the same subject matter.

24. SEVERABILITY, WAIVER, AND ASSIGNMENT

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

A failure by MACFai to enforce any provision is not a waiver of its right to do so later.

You may not assign or transfer these Terms without MACFai's prior written consent. MACFai may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

25. SURVIVAL

Any provisions that by their nature should survive termination will survive, including provisions relating to payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, venue, and dispute-related obligations.

26. CONTACT

If you have questions about these Terms, contact:

MACFai LLC

Email: [email protected]

Website: macfai.com

Mailing Address: 11280 NW 22nd Ave, Miami, FL 33167, United States