Terms of Service

Last updated: January 2025

1. Agreement to Terms

By accessing or using WySMart AI's services, including but not limited to WySMartConnect, WySMart Groups solutions, websites, AI employees, and any digital marketing services ("Services"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use our Services.

These Terms constitute a binding legal agreement between you and WySMart AI, operating from 30 N. Gould Street, Ste. R, Sheridan, WY 82801.

2. Service License and Usage Rights

2.1 Licensed Use, Not Ownershi

IMPORTANT: All Services provided by WySMart AI, including WySMartConnect platform, WySMart Groups solutions, AI technology, software, websites, and related tools are licensed to you, not sold. You do not own any of our technology, platforms, or intellectual property. All usage rights are granted on a lease basis during the term of your active subscription.

2.2 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, WySMart AI grants you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Services for your internal business operations

Benefit from AI-powered features including AI employees, chatbots, and automation tools

Utilize lead generation, digital marketing, and CRM integration features

Access analytics, reporting, and dashboard features

2.3 License Termination

Your license to use our Services automatically terminates upon:

Non-payment of subscription fees or failure to maintain account in good standing

Cancellation of your account by you or by us

Material breach of these Terms

Cessation of business operations by either party

Upon termination, all access to Services, including AI employees, websites, and platforms, will be immediately revoked. You must cease all use of our technology and any materials derived from the Services.

2.4 Payment Requirements

Your license and all benefits are contingent upon:

Active client account status

All payments being up to date and current

Compliance with minimum service level requirements

Adherence to acceptable use policies

If payments are not current, your license will be suspended and all Services will be immediately disabled until payment is received.

3. Services Description

3.1 Core Services

WySMart AI provides comprehensive AI-powered business automation solutions including:

Lead Generation: AI-driven lead identification, qualification, and delivery (first 7 days unlimited, then minimum 250 leads monthly ongoing)

AI Employees: AI voice assistants and chatbots trained on your business to handle customer inquiries 24/7

Digital Marketing: SEO, advertising (PPC), social media management, content creation

Email & SMS Marketing: Automated campaign creation, scheduling, and optimization

Website Development: AI-optimized websites and landing pages

E-commerce Solutions: Online store setup and management

Reputation Management: Review monitoring and response automation

CRM Integration: Customer relationship management and pipeline automation

3.2 Agency/Client Relationship

WySMart AI operates as your digital marketing agency and AI technology provider. We will:

Act on your behalf to implement marketing campaigns and automation

Make strategic recommendations based on data and AI insights

Manage third-party integrations and vendor relationships as needed

Provide ongoing optimization and support services

Train AI systems on your business information for optimal performance

You retain final approval authority over campaigns, messaging, and strategic direction. We require timely feedback and cooperation to deliver optimal results.

4. Results and Performance Disclaimers

⚠️ IMPORTANT DISCLAIMER - PLEASE READ CAREFULLY

All performance metrics, growth statistics, conversion rates, ROI figures, and success stories referenced on our website, in marketing materials, on landing pages, in funnels, email campaigns, SMS messages, and any other communication are based on AVERAGE client results and industry benchmarks.

4.1 No Guarantee of Results

RESULTS ARE NOT GUARANTEED. While our Services are designed to improve business performance, individual client results will vary significantly based on numerous factors including:

Your industry, market conditions, and competitive landscape

Quality and appeal of youYour pricing, business model, and sales processes

Your level of engagement and cooperation with our team

Existing website traffic and online presence

Budget allocated for advertising and marketing

Implementation timeline and testing iterations

4.2 Average Results Statement

When we reference statistics such as "3-5x more leads," "70% lower cost per lead," "200-400% better ROI," "300% more 5-star reviews," or any other performance metrics, these represent:

Average outcomes across our client base, not minimum guaranteed results

Typical performance under optimal conditions with full implementation

Aggregate data that includes high-performing and underperforming accounts

Your actual results may be significantly higher or lower than advertised averages. Some clients experience exceptional growth, while others may see little to no improvement. Past performance does not guarantee future results.

4.3 Customer Journey and Timeframes

The customer journey examples, case studies, and timeline projections (e.g., "results in 30 days," "launched in 2 weeks") are illustrative examples based on ideal scenarios. Actual implementation and results timelines vary based on:

Complexity of your business and existing systems

Speed of providing necessary information and assets

Integration requirements with existing tools

Testing and optimization cycles needed

5. 30-Day Money-Back Guarantee

📋 Guarantee Terms and Eligibility Requirements

5.1 Guarantee Coverage

We offer a 30-day money-back guarantee on all our service packages. If you are not satisfied with our Services within the first 30 days, you may request a full refund, subject to the conditions outlined below.

5.2 Mandatory Eligibility Requirements

The 30-day money-back guarantee is ONLY available if:

NO QUALIFIED LEADS HAVE BEEN DELIVERED - If we have generated and delivered any qualified leads to you during the 30-day period, the guarantee is void

MINIMUM TRAFFIC REQUIREMENT: Your website must have received at least 500 unique visitors per month for the guarantee to apply. We cannot guarantee lead generation results if there is insufficient website traffic to work with

You have actively collaborated with our team and provided requested information

You have implemented our recommendations in a timely manner

You have not violated these Terms or engaged in prohibited conduct

Your account and payments are in good standing

5.3 What Constitutes a "Lead"

For purposes of the guarantee, a "qualified lead" is defined as:

A contact who has expressed genuine interest in your products/services

Contact information (name, email, and/or phone) captured through our systems

Lead passes basic qualification criteria (e.g., matches target demographics, shows intent)

Lead is delivered to your CRM or designated system

If even ONE qualified lead has been delivered during the 30-day period, the money-back guarantee does not apply. The delivery of leads demonstrates that our systems are functioning and generating opportunities for your business.

5.4 Traffic Verification

We will verify your website traffic using Google Analytics, your website hosting analytics, or other mutually agreed-upon tracking methods. If your website has not received at least 500 unique visitors per month, we cannot guarantee lead generation results, and the refund guarantee does not apply.

Low traffic is not a failure of our Services - it is a fundamental requirement for digital lead generation. If your site lacks sufficient traffic, we may recommend additional advertising or traffic generation services (at additional cost).

5.5 Refund Process

To request a refund under the guarantee, you must:

Submit a written refund request to [email protected] within 30 days of service initiation

Provide detailed explanation of why Services did not meet expectations

Allow us opportunity to address concerns and potentially resolve issues before processing refund

Return any provided materials and cease use of all Services immediately

Refunds will be processed within 14 business days of approved refund request. The refund will be issued to the original payment method.

5.6 What Is NOT Covered

The guarantee does NOT cover:

Requests after 30 days from service initiation

Any accounts where leads have been delivered (even if Client didn't convert them)

Accounts with insufficient website traffic (less than 500 visitors/month)

Dissatisfaction with lead quality if leads meet qualification criteria

Client's inability to close delivered leads

Third-party costs (advertising spend, software licenses, etc.)

Setup fees for custom integrations or advanced features

Services after Client violates Terms or engages in misconduct

6. Lead Generation Service Levels

6.1 Lead Delivery Commitment

For clients subscribed to our lead generation services:

First 7 Days: Unlimited lead generation via Amos spider bot technology

Ongoing (Monthly): Minimum 250 qualified leads delivered per month in every plan tier

These minimums assume sufficient website traffic (500+ monthly visitors) and full cooperation with our team. Lead volume may be higher but is not guaranteed to exceed stated minimums.

6.2 Lead Quality Standards

We strive to deliver qualified leads that match your target criteria. However:

Lead quality depends on your industry, offer, and market conditions

Not all leads will convert to customers (conversion is your responsibility)

We cannot guarantee lead "readiness to buy" or immediate conversion

Some leads may require nurturing over time before closing

7. Client Responsibilities

As a Client using our Services, you agree to:

Provide accurate and complete business information

Maintain active website with minimum 500 monthly visitors (for lead generation services)

Respond promptly to leads and customer inquiries

Provide timely feedback and necessary assets (logos, content, credentials)

Maintain payment information and ensure all invoices are paid on time

Use Services in compliance with all applicable laws and regulations

Not misuse, reverse engineer, or attempt to copy our technology

Not resell or redistribute our Services without written authorization

Maintain confidentiality of account credentials and access information

8. Intellectual Property Rights

8.1 WySMart AI Ownership

All intellectual property rights in and to the Services, including but not limited to:

WySMartConnect and WySMart Groups platforms and software

AI technology, algorithms, and machine learning models

Website designs, templates, and code

Proprietary methodologies and processes

Trademarks, service marks, and branding

Documentation, training materials, and support resources

are owned exclusively by WySMart AI and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You acquire no ownership rights by using our Services.

8.2 Your Content

You retain ownership of content you provide to us (business information, logos, marketing copy). By using our Services, you grant us a limited license to use your content solely for the purpose of delivering Services to you.

8.3 AI-Generated Content

Content generated by our AI systems for your campaigns is licensed to you for use in your business during your active subscription. Upon termination, you may continue using AI-generated content but may not use it to recreate or compete with our Services.

9. Payment Terms

9.1 Subscription Fees

Services are provided on a subscription basis. You agree to pay all fees associated with your selected service plan. Fees are billed monthly or annually as selected and are due in advance.

9.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for renewal fees.

9.3 Late Payment

If payment is not received by the due date:

Your account will be suspended immediately

All Services will be disabled until payment is received

A $50 late fee may be assessed for each month payment is overdue

Accounts unpaid for 30+ days may be terminated and sent to collections

9.4 Cancellation

You may cancel your subscription at any time. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial months, except as covered by our 30-day money-back guarantee.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WySMart AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages

Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim

We are not liable for results, revenue, or business outcomes

We are not responsible for third-party service failures, outages, or data loss

We are not liable for leads not converting or failing to generate expected revenue

11. Indemnification

Your use of the Services

You agree to indemnify, defend, and hold harmless WySMart AI from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

Your use of the Services

Your violation of these Terms

Your violation of any third-party rights

Content you provide that infringes on intellectual property rights

12. Termination

We may suspend or terminate your access to Services immediately, without prior notice or liability, for any reason, including:

Breach of these Terms

Non-payment of fees

Fraudulent or illegal activity

Misuse of our technology or Services

Request by law enforcement or government agency

Upon termination, your license ends immediately and you must cease all use of our Services, technology, and materials.

13. Dispute Resolution

Any disputes arising from these Terms or use of Services shall be governed by the laws of the State of Wyoming, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of courts in Sheridan County, Wyoming.

Before filing any legal action, you agree to attempt to resolve disputes through good-faith negotiation with our team for at least 30 days.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or service notification. Your continued use of Services after changes become effective constitutes acceptance of the modified Terms.