Terms of Service
Effective Date: 7/4/2025
Company: COBRA DIGITAL MARKETING, LLC
State of Incorporation: Arizona (AZ)
1. Definitions
“Company,” “we,” “our,” “us” refers to COBRA DIGITAL MARKETING, LLC.
“Client,” “you,” “your” refers to the individual or business purchasing our services.
“Services” refers to all AI voice agents, chatbots, automation tools, consulting, and marketing services provided.
“AI Systems” refers to any artificial intelligence-driven software or agents used in the delivery of services.
2. Scope of Services
We provide AI-powered voice agents, AI chatbots, lead follow-up automation, missed call rescue, workflow automations, and other marketing systems designed for local businesses. Services may be offered via third-party platforms like GoHighLevel, Twilio, or OpenAI.
3. AI Service Limitations
AI systems are trained to handle specific tasks but may not perform identically to a human agent. We do not guarantee 100% accuracy or understanding in every call, message, or interaction. Client-specific results may vary based on business inputs, training data, and customer behavior.
4. Client Responsibilities
Clients are responsible for:
- Providing accurate business details, call scripts, FAQs, pricing info, and service area data.
- Supplying training data as needed for AI customization.
- Ensuring their team reviews AI interactions for accuracy and compliance.
- Complying with any applicable laws regarding telecommunication, data privacy, and marketing.
5. Payment Terms
Recurring Charges: Services are billed on a monthly basis, unless otherwise agreed.
Setup Fees: A one-time setup fee may apply.
Late Payments: Late payments may result in service interruption and a 5% late fee.
Cancellation: Requires 7-day written notice before the next billing cycle.
6. Intellectual Property
All AI configurations, workflows, scripts, and systems developed by COBRA DIGITAL MARKETING remain our intellectual property unless otherwise stated in writing. Clients receive a non-exclusive, non-transferable license to use the services during the subscription period.
7. Data Privacy & Security
We follow industry best practices to protect client and end-customer data. However, no system is completely secure. Clients are responsible for their own data handling practices. By using our services, you agree to our Privacy Policy.
8. Limitation of Liability
COBRA DIGITAL MARKETING shall not be liable for:
- Loss of revenue, profits, or data
- Missed or misrouted calls or leads
- AI errors or limitations
- Business disruptions resulting from service downtime or third-party outages
Our total liability is limited to the amount paid by the client in the past 30 days.
9. Termination
We may terminate your service:
- For non-payment
- For abuse or misuse of the platform
- For failure to comply with these Terms
You may terminate at any time with 7-day written notice. All outstanding fees remain due upon termination.
10. Dispute Resolution
All disputes shall be resolved via binding arbitration in the state of Arizona. Each party shall bear its own costs. This agreement is governed by the laws of the state of Arizona.
11. Service Levels and Uptime
We strive for 99% uptime through our partners. Scheduled maintenance and third-party outages may occur.
12. Third-Party Integrations
Services may include integrations with platforms like GoHighLevel, Twilio, OpenAI, and Google Analytics. Use of these services is governed by their terms. We are not responsible for their behavior or policies.
13. Refund Policy
No refunds for monthly services already rendered. Setup fees are non-refundable.
14. Indemnification
You agree to indemnify and hold COBRA DIGITAL MARKETING harmless from any claims, damages, losses, or legal expenses arising from your use of our services.
15. Compliance with Communication Laws
You are responsible for complying with applicable telemarketing, call recording, and SMS/texting laws, including but not limited to the TCPA and CAN-SPAM.
16. Updates
We may update these Terms at any time. Continued use constitutes acceptance. Latest version is at: www.cobradigitalmarketing.com/terms
Questions?