Terms & Conditions

Agreement to These Terms

These Terms & Conditions (“Terms”) are a legally binding agreement between you (the individual or organization using the Website or our services, “you” or “Client”) and Mobotechnology LLC, a Wyoming limited liability company (“Mobotechnology,” “we,” “us,” or “our”).

By accessing or using mobotechnology.com (the “Website”), submitting an inquiry, booking a strategy call, or purchasing services from us, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Website or our services.

If you are using the Website or services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

Definitions

Capitalized terms used in these Terms have the meanings set out below.

Services

The AI-powered sales automation, marketing automation, revenue intelligence, CRM integration and optimization, conversational AI, custom AI workflow, consulting, and related services that Mobotechnology provides, as described on the Website or in a Service Agreement.

Service Agreement

Any proposal, quote, statement of work, master services agreement, order form, or other written document signed or accepted by both parties that describes specific Services, deliverables, timelines, and fees.

Deliverables

The workflows, configurations, integrations, models, prompts, documentation, reports, and other work product that Mobotechnology creates for you under a Service Agreement.

Client Data

All data, content, and information that you (or your users, customers, and contacts) provide to Mobotechnology, or that Mobotechnology accesses in your systems, in order to deliver the Services, including CRM records and communications.

Mobotechnology Materials

All tools, frameworks, templates, code libraries, know-how, methodologies, and pre-existing intellectual property that Mobotechnology owns or licenses and uses to provide the Services, together with any improvements to them.

Third-Party Platforms

Software and services provided by others that are used in connection with the Services, such as CRM systems, marketing platforms, communication tools, and AI model providers.

AI Outputs

Content, scores, predictions, recommendations, and automated actions generated by machine-learning models as part of the Services.

Eligibility and Business Use

The Website and Services are intended for businesses and business professionals. You must be at least 18 years old and capable of entering into a binding contract to use them.

The Services are provided for business purposes only and are not intended for personal, family, or household use. Consumer-protection laws that apply to consumer transactions may therefore not apply to your use of the Services.

The Website and Its Content

4.1 General information only

The content on the Website, including descriptions of our Services, case studies, performance metrics, testimonials, and FAQ answers, is provided for general information. It does not constitute legal, financial, tax, or other professional advice, and it is not an offer capable of acceptance. A binding engagement arises only when a Service Agreement is executed.

4.2 Performance figures

Any figures displayed on the Website, such as the number of deployments, revenue generated for clients, client retention, and average return on investment, are illustrative of prior engagements in aggregate. They are not a promise, forecast, or guarantee of the results you will achieve, which depend on factors including your market, offer, data quality, team execution, and budget.

4.3 Testimonials

Testimonials reflect the individual experiences of the clients who provided them and are not representative of every client’s experience.

4.4 Accuracy and availability

We work to keep the Website accurate and available, but we do not guarantee that it will be error-free, uninterrupted, or current. We may modify, suspend, or discontinue any part of the Website at any time without notice.

Consultations, Proposals, and Service Agreements

5.1 Strategy calls

Free strategy calls and initial consultations are offered as a courtesy, without obligation on either party. Anything we share during them is general guidance, not a deliverable, and does not create an engagement.

5.2 Proposals

Proposals and quotes are valid for the period stated in them (or thirty (30) days if no period is stated), may be withdrawn before acceptance, and become binding only when accepted in writing by both parties.

5.3 Order of precedence

Each engagement is governed by these Terms together with the applicable Service Agreement. If there is a conflict between them, the Service Agreement prevails with respect to that engagement.

5.4 Changes in scope

Requests for work outside the agreed scope will be documented in a written change order describing the additional work, any effect on the timeline, and any additional fees. We will not begin out-of-scope work without your written approval.

5.5 Timelines

Estimated timelines depend on your timely cooperation, access, and approvals, and on the availability and performance of Third-Party Platforms. Dates are targets unless the Service Agreement expressly states that they are guaranteed.

Fees and Payment

6.1 Fees

Fees for Services are set out in the applicable Service Agreement. Unless stated otherwise, fees are quoted in U.S. dollars and exclude taxes.

6.2 Invoicing and payment terms

Unless the Service Agreement states otherwise, invoices are due within fifteen (15) days of the invoice date. We may require a deposit or upfront payment before starting work.

6.3 Late payment

Overdue amounts may accrue interest at 1.5% per month, or the maximum rate permitted by law if lower, from the due date until paid. We may suspend work on any engagement while payment is overdue. You are responsible for the reasonable costs of collection, including attorneys’ fees.

6.4 Taxes

You are responsible for all sales, use, value-added, withholding, and similar taxes arising from the Services, other than taxes on Mobotechnology’s income.

6.5 Third-Party Platform costs

Subscription, licensing, usage, and API fees charged by Third-Party Platforms (for example, CRM licenses or AI model usage) are your responsibility unless the Service Agreement expressly includes them.

6.6 Refunds

Because the Services are custom professional services, fees are non-refundable once work has begun, except as expressly provided in the Service Agreement or required by law.

Client Responsibilities and Compliance

To enable us to deliver the Services, you agree to:

• Provide access and cooperation. Give us timely access to the systems, accounts, data, personnel, and information reasonably required, and respond to requests for review and approval within a reasonable time.
• Maintain accurate, lawful data. Ensure that the Client Data you provide is accurate, current, and lawfully obtained, and that you have all rights, consents, and notices required to share it with us and to have it processed as contemplated by the Services.
• Comply with outreach laws. Ensure that any sales or marketing communications sent through automation we build for you, including email, SMS, voice, chat, and social messaging, comply with all applicable laws and platform rules, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the GDPR and ePrivacy rules where applicable, Canada’s Anti-Spam Legislation (CASL), and any applicable do-not-call and consent requirements. You are solely responsible for the content, targeting, and frequency of communications sent to your contacts and for honoring opt-out requests.
• Secure your credentials. Keep the credentials, API keys, and access tokens for your systems secure, provide us with appropriately scoped access, and notify us promptly of any suspected unauthorized access.
• Review and approve outputs. Review AI Outputs before relying on them in ways that could have legal, financial, or reputational consequences, and configure human-review checkpoints where appropriate.

You are responsible for the acts and omissions of your employees, contractors, and agents in connection with the Services.

AI-Powered Services: Important Disclosures

8.1 Nature of AI Outputs

AI Outputs are produced by machine-learning models. They are not statements of fact or professional advice by Mobotechnology, and they must be reviewed by you before being relied on.

8.2 No guaranteed outcomes

We do not guarantee any particular business result, including lead volume, conversion rates, response rates, revenue, or return on investment. Any targets or key performance indicators discussed are goals, not commitments, unless the Service Agreement expressly provides otherwise.

8.3 Third-party models

The Services may use AI models and platforms provided by third parties. Their availability, behavior, pricing, and terms are controlled by those providers and may change without notice. Your use of those platforms is subject to their terms, and we are not responsible for their acts or omissions.

8.4 Responsible use

You agree not to use the Services or AI Outputs to deceive or defraud any person; to generate unlawful, discriminatory, or harmful content; to impersonate others without authorization; to make decisions about individuals’ eligibility for credit, employment, housing, insurance, or similar opportunities without appropriate human review and legal compliance; or in any way that violates applicable law or the rights of others.

8.5 Ongoing optimization

Because AI performance can drift as data and platforms change, ongoing monitoring and optimization services, where purchased, are provided on a best-efforts basis and do not guarantee any particular level of performance.

Intellectual Property

9.1 Website content

The Website and everything on it, including text, graphics, logos, illustrations, page layouts, and code, are owned by Mobotechnology or its licensors and are protected by copyright, trademark, and other intellectual-property laws. You may view and print pages for your own business evaluation of our Services, but you may not copy, reproduce, republish, distribute, modify, or create derivative works from Website content without our prior written permission.

9.2 Trademarks

“Mobotechnology” and our logo are trademarks of Mobotechnology LLC. Other names and logos on the Website belong to their respective owners and are used for identification only. Their appearance does not imply endorsement.

9.3 Client Data

As between you and Mobotechnology, you own all Client Data. You grant us a non-exclusive, worldwide, royalty-free license to access, use, process, and store Client Data solely to provide the Services, comply with the Service Agreement, and meet our legal obligations.

9.4 Deliverables

Unless the Service Agreement provides otherwise, upon full payment of all fees due for an engagement, we assign to you ownership of the Deliverables created specifically for you under that engagement, excluding Mobotechnology Materials.

9.5 Mobotechnology Materials

We retain all rights in Mobotechnology Materials. To the extent Mobotechnology Materials are incorporated into Deliverables, we grant you a perpetual, non-exclusive, non-transferable, royalty-free license to use them as part of the Deliverables for your internal business purposes.

9.6 Feedback

If you provide suggestions or feedback about our Services, we may use them without restriction or compensation, provided we do not identify you as the source without your consent.

9.7 Portfolio rights

Unless you ask us not to in writing, we may identify you as a client by name and logo in our portfolio and marketing materials. We will not disclose confidential details of your engagement, or publish a case study or testimonial, without your prior approval.

Confidentiality and Client Data

10.1 Confidential Information

Each party agrees to protect the other party’s non-public business, technical, and financial information (“Confidential Information”) using at least the degree of care it uses for its own confidential information, and never less than reasonable care; to use it only for the purposes of the engagement; and to disclose it only to employees, contractors, and advisers who need to know it and are bound by comparable obligations.

These obligations do not apply to information that is publicly available through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party. They do not prevent disclosures required by law, provided the disclosing party is given notice where lawful.

10.2 Data protection

We handle personal information in accordance with our Privacy Policy. Where the Services involve processing personal information on your behalf and applicable law requires it, the parties will enter into a data processing agreement, which will form part of the Service Agreement.

10.3 Return of data

Upon termination or expiry of an engagement, and upon your written request, we will return or delete Client Data in our possession within a reasonable period, subject to any retention required by law and to backups that are deleted in the ordinary course.

Acceptable Use of the Website

You agree not to:

• use the Website in any way that violates applicable law or these Terms;
• submit false, misleading, defamatory, abusive, or unlawful content through the contact form or otherwise;
• use automated means, including bots, scrapers, or crawlers, to access or collect content from the Website without our written permission, except for standard search-engine indexing;
• attempt to gain unauthorized access to the Website, its hosting infrastructure, or any related system, or to probe, scan, or test its vulnerability;
• introduce viruses, malware, or other harmful code, or interfere with the Website’s operation or with other users’ access; or
• use the Website or our contact channels to send unsolicited commercial messages.

We may restrict or terminate your access to the Website for violations of this section.

Third-Party Services and Links

The Website may contain links to, and the Services may depend on, third-party websites, platforms, and tools. We provide these for convenience and integration. We do not control third parties, do not endorse them, and are not responsible for their content, availability, security, privacy practices, or terms.

Your use of Third-Party Platforms is governed by their own terms and policies, and you are responsible for maintaining the subscriptions and licenses needed for the Services to operate.

Disclaimer of Warranties

We will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards. Your exclusive remedy for a breach of this commitment is re-performance of the non-conforming Services or, if we are unable to re-perform them within a reasonable time, a refund of the fees paid for those non-conforming Services.

Limitation of Liability

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be limited under applicable law, to a party’s indemnification obligations, or to damages arising from a party’s gross negligence, willful misconduct, or breach of its confidentiality obligations.

Indemnification

You agree to defend, indemnify, and hold harmless Mobotechnology and its members, managers, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

1. Client Data, including any claim that Client Data, or our processing of it as instructed by you, infringes or violates the rights of a third party or applicable law;
2. communications sent to your contacts through the Services, including claims under the CAN-SPAM Act, the TCPA, or similar laws;
3. your use of the Services, Deliverables, or AI Outputs in violation of these Terms or applicable law; or
4. your breach of these Terms or a Service Agreement.

We will notify you promptly of any such claim, allow you to control the defense (provided you do not settle in a way that admits fault on our behalf or imposes obligations on us without our consent), and cooperate reasonably at your expense.

Term, Suspension, and Termination

16.1 Term

These Terms apply from the time you first use the Website or engage with us and continue until terminated. The term of each engagement is set out in its Service Agreement.

16.2 Termination for convenience

Unless the Service Agreement provides otherwise, either party may terminate an engagement on thirty (30) days’ written notice. You will pay for all Services performed and non-cancellable expenses incurred up to the effective date of termination.

16.3 Termination for cause

Either party may terminate an engagement immediately on written notice if the other party materially breaches these Terms or the Service Agreement and fails to cure the breach within fifteen (15) days after receiving notice of it, or becomes insolvent or subject to bankruptcy proceedings.

16.4 Suspension

We may suspend Services if payment is overdue, if we reasonably believe your use of the Services violates law or these Terms, or if continuing would create a security or legal risk. We will notify you and work with you to restore Services promptly once the issue is resolved.

16.5 Effect of termination

On termination, all unpaid fees become immediately due, licenses to Mobotechnology Materials continue only for paid-for Deliverables, and each party will return or destroy the other’s Confidential Information on request. Sections that by their nature should survive termination, including Sections 6, 9, 10, 13, 14, 15, 17, and 18, will survive.

Governing Law and Dispute Resolution

17.1 Governing law

These Terms, and any dispute arising out of or relating to them, the Website, or the Services, are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal resolution first

If a dispute arises, you agree to contact us first at mobotechnology365@gmail.com with a description of the issue. The parties will attempt in good faith to resolve it through direct discussion for at least thirty (30) days before starting formal proceedings.

17.3 Venue

Subject to Section 17.2, any legal action arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Natrona County, Wyoming, and each party consents to the personal jurisdiction of and venue in those courts. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

17.4 No class actions

To the fullest extent permitted by law, any proceeding will be conducted solely on an individual basis, and neither party will participate in a class, consolidated, or representative action against the other.

17.5 Time limit on claims

Any claim arising out of or relating to these Terms, the Website, or the Services must be brought within one (1) year after the claim arose, or it is permanently barred, except where applicable law does not permit such a limitation.

General Provisions

• Entire agreement. These Terms, the Privacy Policy, and any applicable Service Agreement constitute the entire agreement between the parties regarding their subject matter and supersede all prior or contemporaneous understandings.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in full force.
• Waiver. A party’s failure to enforce any provision is not a waiver of its right to do so later.
• Assignment. You may not assign or transfer these Terms or any Service Agreement without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit permitted successors and assigns.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
• Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, labor disputes, governmental action, internet or utility failures, or failures of Third-Party Platforms.
• Notices. Notices to Mobotechnology must be sent by email to mobotechnology365@gmail.com or by mail to Mobotechnology LLC, Casper, Wyoming, United States, and are effective on receipt. We may send notices to you at the email address you provide.
• Electronic communications and signatures. You consent to receive communications from us electronically, and you agree that electronic signatures and records satisfy any legal requirement for a writing.
• Non-solicitation. During an engagement and for twelve (12) months afterward, neither party will knowingly solicit for employment any employee of the other who was directly involved in the engagement, without the other party’s consent. General advertisements not targeted at such employees are not a breach.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on the Website and revise the “Last updated” date. Changes take effect when posted, except that changes affecting an active engagement take effect for that engagement only upon its next renewal or a new Service Agreement, unless you agree otherwise.

Material changes will be highlighted on the Website and, for active clients, notified by email. Your continued use of the Website or Services after changes take effect means that you accept the updated Terms. If you do not agree, stop using the Website and, for Services, contact us to discuss.

Contact Us

If you have questions about these Terms, please contact us. We respond to every message.

• Email: mobotechnology365@gmail.com
• Mail: Mobotechnology LLC, Attn: Legal, Casper, Wyoming, United States