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Terms of Service

1. Agreement to Terms

By accessing or using the Climora AI platform, website, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Demicraft Ventures LLC ("Climora," "we," "us," or "our"). These Terms apply to HVAC business owners and operators who subscribe to the Service.

2. Description of Service

Climora AI provides an AI-powered voice answering service designed for HVAC businesses. The Service enables businesses to:

  • Automatically answer inbound phone calls using an AI voice assistant
  • Qualify callers and schedule service appointments
  • Handle emergency service requests and route them appropriately
  • Capture and log call summaries and transcripts
  • Integrate with third-party scheduling and CRM tools

The Service is provided on a software-as-a-service (SaaS) basis. We reserve the right to modify, update, or discontinue features of the Service at any time with reasonable notice.

3. Account Registration and Eligibility

To use the Service, you must:

  • Be at least 18 years of age
  • Be a legally authorized representative of the business you are registering
  • Provide accurate, current, and complete registration information
  • Maintain the security of your account credentials

You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorized use.

4. Subscriptions and Payment

4.1 Subscription Plans

Climora AI offers subscription-based pricing plans as described on our website. Your subscription begins on the date you complete registration and provide valid payment information.

4.2 Billing

Subscription fees are billed in advance on a monthly basis. All payments are processed through Stripe. By providing payment information, you authorize us to charge your payment method for all fees due.

4.3 Price Changes

We will provide at least thirty (30) days written notice before any price increase takes effect. Continued use of the Service after a price change constitutes your acceptance of the new pricing.

4.4 Refund Policy

All subscription fees are non-refundable except as required by applicable law. If you cancel, you retain access through the end of your current billing period. No prorated refunds are provided for partial months.

4.5 Failed Payments

If a payment fails, we will attempt to charge your payment method up to three (3) times within seven (7) days. If payment is not received, your account may be suspended or terminated.

5. Call Recording, AI Disclosure, and Compliance

5.1 Your Responsibility for Caller Disclosure

Important: You, as the Customer, are solely responsible for ensuring compliance with all applicable federal, state, and local laws regarding call recording and AI disclosure in your jurisdiction and the jurisdictions of your callers. This includes compliance with the ECPA, state-specific recording consent laws (including all-party consent states such as California, Florida, Illinois, and Pennsylvania), and FTC guidelines on AI disclosure.

5.2 Recommended Disclosure

We strongly recommend configuring the Service to include a verbal disclosure at the beginning of every call stating that the call is handled by an AI assistant and may be recorded. Climora AI is not responsible for any legal claims arising from your failure to provide required disclosures.

5.3 Call Recording Storage

Call recordings and transcripts are retained for up to ninety (90) days by default. You may request earlier deletion by contacting [email protected].

6. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable federal, state, or local law or regulation
  • Engage in any fraudulent, deceptive, or misleading conduct
  • Harass, threaten, or harm any individual caller
  • Collect personal information from minors under the age of 13
  • Attempt to reverse engineer or extract the underlying source code or AI models
  • Resell, sublicense, or otherwise transfer your subscription without our written consent
  • Use the Service in any manner that could damage or impair our infrastructure

We reserve the right to suspend or terminate your account immediately if we determine you have violated this Acceptable Use Policy.

7. Data Ownership and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all business data, customer information, and call recordings generated through your use of the Service. We do not sell your data or use call recordings to train AI models without your explicit written consent.

8. Third-Party Services and Integrations

The Service integrates with third-party services including Twilio, Vapi, Stripe, and various CRM and scheduling platforms. Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the availability or performance of third-party services.

Enterprise customers requiring a Data Processing Addendum (DPA) may contact us at [email protected].

9. Intellectual Property

All rights, title, and interest in and to the Service, including all underlying technology, AI models, software, branding, and documentation, are owned exclusively by Climora AI. The Climora AI name, logo, and product names are trademarks of Demicraft Ventures LLC. You may not use our trademarks without prior written permission.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific business requirements.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIMORA AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CLIMORA AI IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10.3 Indemnification

You agree to indemnify and hold harmless Climora AI and its officers, directors, employees, and agents from any claims arising out of your use of the Service, violation of these Terms, or failure to comply with applicable call recording and AI disclosure laws.

11. Term and Termination

These Terms remain in effect for the duration of your subscription. Either party may terminate at any time with written notice. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or if we are required to do so by law.

Upon termination, we will retain your data for thirty (30) days to allow for data export requests. Contact [email protected] within this window to request a copy of your data.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Texas. Any dispute shall first be addressed through good-faith negotiation. If unresolved within thirty (30) days, it shall be submitted to binding arbitration in Texas under the rules of the American Arbitration Association.

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST CLIMORA AI.

13. General Provisions

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Climora AI regarding the Service.

Severability: If any provision is found unenforceable, the remaining provisions continue in full force.

Waiver: Our failure to enforce any right will not be considered a waiver of those rights.

Assignment: You may not assign these Terms without our prior written consent.

Modifications: We will notify you of material changes at least fourteen (14) days before they take effect. Continued use after changes take effect constitutes acceptance.

14. Contact Information