Terms & Conditions

Optional add-ons:

•Missed-call text-back for Be Seen: +$50/month.

•AI receptionist for after-hours calls for Be Remembered: +$150/month.

The features included in each plan are listed on our website and in your order form. We may improve or update features from time to time. We will not materially reduce the features of your plan during your Minimum Term (defined in Section 4).

2. Onboarding, Timeline, and Launch

Timeline. We aim to launch websites within 7 to 10 days. The timeline begins once we have received your setup fee and everything we need from you, such as your logo, photos, service details, and account access. Timelines are estimates, not guarantees. Delays in providing materials or approvals extend the timeline.

Revisions. Before launch, we will share a preview of your website. Up to two (2) rounds of revisions are included. Additional revisions or major changes in scope may be billed at our then-current rate, which we will quote before doing the work.

Approval and launch. You approve your website before it goes live. If you do not respond within 14 days after we send a preview, we may treat the website as approved and launch it.

Client delays do not pause billing. Once your plan begins, monthly fees continue even if launch is delayed because we are waiting on you.

3. Fees, Billing, and Automatic Renewal

Setup fee. The one-time setup fee is due when you sign up.

Monthly fee and automatic renewal. Your plan renews automatically every month until you cancel. Each month, we charge your payment method on file through Stripe on the same date as your first monthly charge. By providing payment details, you authorize us to charge your card or bank account for the setup fee, your monthly fee, and any add-ons you select, until you cancel as described in Section 4.

Price changes. We will not raise your monthly fee during your Minimum Term. After that, we will give you at least 30 days' notice by email before any price increase. You may cancel before the increase takes effect.

Third-party fees. Some services, such as text message registration with phone carriers or domain renewals, may involve third-party fees. We will tell you about any such fee before charging it.

Taxes. Fees do not include applicable taxes, which you are responsible for.

Failed payments. If a payment fails, we will notify you and retry. If the payment is still outstanding 7 days after the due date, we may pause your website and tools until the account is current. Paused services are restored once payment is received.

Payment disputes. Please contact us at [email protected] before disputing a charge with your bank. We will work with you to resolve billing errors quickly.

4. Minimum Term and Cancellation

Minimum Term. All plans have a 3-month minimum commitment (the "Minimum Term"). It starts on the date of your first monthly charge.

Cancelling during the Minimum Term. If you cancel before the Minimum Term ends, the monthly fees for the rest of the Minimum Term remain due. The only exception is the Launch Guarantee in Section 5.

After the Minimum Term. Your plan continues month to month. You may cancel at any time.

How to cancel. Email [email protected] from the email address on your account, or use any online cancellation method we provide. Cancellation takes effect at the end of your current billing period. You will not be charged again after that, and we do not provide partial-month refunds. We will confirm your cancellation in writing.

5. Launch Guarantee

If you don't love your site at launch, we refund your setup fee.

This guarantee applies to the Be Seen, Be Found, and Be Remembered plans. It works as follows:

• Deadline: you must tell us in writing, at [email protected], within 7 days after your website launches.

• Revisions first: you must have used, or been offered, the two included revision rounds before launch.

• What is refunded: the setup fee only. Monthly fees already paid and add-on fees are not refunded.

• What happens next: your plan ends, no further monthly fees are charged (including the rest of the Minimum Term), and the website is taken offline.

• One per business. The guarantee is available once per business.

• Exclusions: it does not apply if you are in breach of these Terms, or if launch was delayed more than 30 days because you did not provide materials or approvals.

The Launch Guarantee does not apply to Google Business Reputation Management or to add-ons.

6. Refunds

Except for the Launch Guarantee in Section 5 or where required by law, all fees are non-refundable once work, onboarding, or account setup has begun. We do not provide refunds or credits for partial months or unused Services.

7. What You Own and What We Own

What you keep

These things belong to you, during the plan and after cancellation:

• Your domain name. It is registered in your name. If we buy it on your behalf, it is still yours. You are responsible for renewing it after cancellation.

• Your Google Business Profile and reviews. We set it up under your own Google account, with AiPEXsites added only as a manager. After cancellation, you may remove our access, and we will remove ourselves on request.

• Your content. Your business name, logo, photos, trademarks, and the written content you give us ("Client Content").

• Your leads and customer list. We will export them as a spreadsheet on request, up to the end of the 30-day grace period described below.

What we keep

We own the following, and you receive no ownership in it ("AiPEXsites Materials"):

• the website design, layout, and code we create;

• our templates and page builder configurations;

• our GoHighLevel snapshots, automations, and workflows;

• our chatbot and AI receptionist prompts, scripts, and settings;

• our audit methods and other tools.

Your license

While your plan is active and paid, we give you a non-exclusive, non-transferable license to use your website and the AiPEXsites Materials for your business.

After cancellation

• 30-day grace period. Your website stays live for 30 days after your cancellation takes effect, so you have time to move.

• After the grace period, the website and tools are taken offline, and your license ends.

• Buyout. If you want a copy of your website design and files to host elsewhere, ask us about a one-time buyout. Availability and price will be quoted at that time.

Your permission for us to use your content

You give us permission to use Client Content to provide the Services. You confirm that you have the rights to all Client Content and that it does not infringe anyone else's rights.

Portfolio

We may show your website, business name, and logo in our portfolio and marketing. You can opt out at any time by emailing us.

8. Your Responsibilities

You agree to:

• Be accurate. Provide accurate, complete, and timely information, materials, and approvals.

• Review your content. Review your website, chatbot answers, AI receptionist scripts, and review replies before and after launch. You are responsible for the accuracy of your prices, services, hours, service areas, guarantees, and other claims about your business.

• Follow licensing and advertising rules. Comply with the licensing and advertising laws for your trade. For example, California contractors must display their Contractors State License Board (CSLB) license number where required. Tell us what must appear on your website.

• Keep access active. Keep any accounts and access we need active, such as Google Business Profile manager access.

• Keep your own copies. Keep your own copies of your Client Content.

9. Text Messages, Calls, and AI Tools: Your Compliance Duties

We build and run communication tools on your behalf. You are the sender of messages and calls made to your customers. You are responsible for following the laws that apply to them, including:

• the Telephone Consumer Protection Act (TCPA),

• the CAN-SPAM Act,

• the California Invasion of Privacy Act,

• carrier and A2P 10DLC rules, and

• consumer privacy laws.

Text messaging. You agree that:

• You will send texts, including review requests and marketing messages, only to people who have given the consent the law requires.

• You will honor opt-outs such as STOP.

• You will not use purchased, rented, or scraped phone lists.

• You will give us accurate business information for carrier registration.

Missed-call text-back replies only to people who called you.

Call recording and AI receptionist. California law requires the consent of everyone on a call before it is recorded. Every call answered by our AI receptionist begins with a notice that the call is recorded and may be handled by an AI assistant. You agree not to ask us to remove or shorten that notice. You are responsible for any additional notices your business or industry requires.

AI chatbot disclosure. Our AI chatbots identify themselves as automated assistants. You agree not to present them as a human.

AI limitations. AI tools can make mistakes. They can misunderstand callers, give incorrect information, or book the wrong time. Because of that:

• You are responsible for setting the information the AI uses, and for reviewing bookings, messages, and transcripts.

• AI chatbots and AI receptionists are not emergency services. You must provide your own instructions for emergencies, such as gas leaks, flooding, or electrical hazards. Callers in danger should be directed to call 911.

• We are not responsible for statements made by AI tools that are based on information you provided or that you did not correct.

• Google reviews. You agree to follow Google's review policies and the FTC's rules on consumer reviews. That means:

• No incentives. You will not offer discounts, gifts, or payment for reviews.

• No fake reviews. You will not post or request fake reviews.

• No review gating. You will not ask only happy customers for reviews, or filter out unhappy ones.

• No suppression. You will not pressure customers to remove negative reviews.

We reply to reviews on your behalf using guidelines you approve. We will never disclose a customer's private information in a reply.

10. Acceptable Use

You may not use the Services to:

• break the law or help anyone else break it;

• send spam or unsolicited messages;

• infringe intellectual property;

• harass anyone;

• spread malware;

• make false or misleading claims; or

• promote content that phone carriers prohibit, such as illegal drugs, firearms sales, gambling, adult content, or high-risk financial offers.

We may suspend or remove content or Services that violate this section, or that a carrier, Google, or another platform flags.

11. Third-Party Platforms

Our Services rely on third-party platforms, including:

• GoHighLevel,

• Google,

• Stripe,

• telecommunications carriers, and

• AI technology providers.

These platforms may change their features, pricing, or policies, or experience outages. When they do, we will work in good faith to keep your Services running. However, we are not responsible for their actions, outages, or decisions, including Google suspending a Business Profile or a carrier blocking messages.

12. Hosting and Availability

We use commercially reasonable efforts to keep your website and tools online and secure. We do not guarantee uninterrupted availability. Scheduled maintenance, platform outages, and events outside our control may cause downtime.

13. Free Audits and Mockups

Free website audits, audit videos, and homepage mockups are offered with no obligation. They are based on publicly available information and are our opinion, not a guarantee of results.

Mockups remain AiPEXsites Materials. You may not use them unless you purchase a plan.

14. AiPEX Mindset Growth Network

The AiPEX Mindset Growth Network is included free with every plan. It is delivered through The Pack Brief newsletter and through member introductions.

• Permission first. We will feature a member in a Member Spotlight, or share a member's contact details in an introduction, only with that member's permission.

• Member dealings. Referrals, advice, and business between members are solely between those members. We do not endorse or guarantee any member and are not responsible for their conduct.

• Conduct. Members must treat each other respectfully. Members must not use member information for spam or unsolicited marketing.

• Our rights. We may change, pause, or end the Network at any time. We may remove any member who violates these Terms.

• Unsubscribing. You may unsubscribe from The Pack Brief at any time.

• Not professional advice. Mindset trainings and tips are general educational content. They are not legal, financial, tax, or mental health advice.

15. Confidentiality

Each party will keep the other's non-public business information confidential and use it only for this relationship. This duty does not apply to information that:

• is public,

• was already known to the receiving party, or

• must be disclosed by law.

16. Data Protection

When we process personal information about your customers, we act as your service provider under the California Consumer Privacy Act (CCPA). We will:

• process that information only to provide the Services to you and as the law permits;

• not sell it, share it for cross-context behavioral advertising, or use it for any purpose outside our business relationship with you;

• not combine it with other personal information, except as the CCPA permits;

• comply with the CCPA, give the information the same level of privacy protection the CCPA requires, and tell you if we can no longer meet these duties;

• allow you to take reasonable steps to stop and fix any unauthorized use; and

• notify you without undue delay if we learn of a security breach affecting your customers' information.

You are responsible for having a lawful basis and any required privacy notice for collecting your customers' information. Our Privacy Policy explains how we handle personal information more generally.

17. No Guarantee of Results

We use industry best practices. However, we do not promise or guarantee any specific search ranking, number of leads, calls, reviews, sales, or return on investment. Results depend on factors outside our control, such as search engine changes, competition, local demand, and how you follow up with leads.

18. Disclaimer of Warranties

Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be error-free or uninterrupted, or that AI-generated content will always be accurate.

19. Limitation of Liability

To the fullest extent permitted by California law:

• No indirect damages. We are not liable for indirect, incidental, special, consequential, or punitive damages. This includes lost profits, lost revenue, lost leads, lost data, and business interruption.

• Liability cap. Our total liability for all claims relating to the Services will not exceed the fees you paid us in the 3 months before the event that gave rise to the claim.

• Your payment obligations. These limits do not reduce your obligation to pay fees.

• Limits of these limits. These limits do not apply where the law does not allow them, such as liability for fraud or willful misconduct.

20. Indemnification

You agree to defend, indemnify, and hold harmless AiPEXsites and Miguel Angel Torres from any claims, losses, fines, damages, and costs, including reasonable attorneys' fees. This applies to claims arising from:

• your Client Content, or claims you make about your business;

• texts, calls, emails, or review requests sent to your customers or contacts, including claims that you lacked required consent;

• your instructions to us, or your failure to review AI settings, bookings, or transcripts;

• your violation of any law, including licensing, advertising, privacy, or consumer protection laws;

• your violation of Google, carrier, or platform policies; or

your breach of these Terms.

21. Suspension and Termination by Us

We may suspend or end your Services, with notice when reasonably possible, if:

• you fail to pay;

• you breach these Terms;

• your use creates legal, security, or carrier risk; or

• a platform such as Google or a phone carrier requires it.

If we end your Services without cause, we will refund any prepaid fees for Services not yet provided. If we end them because of your breach or non-payment, fees owed through the Minimum Term remain due.

22. Changes to These Terms

We may update these Terms from time to time. We will post the new version with a new "Last Updated" date. If we make a material change, we will give clients at least 30 days' notice by email before it takes effect. If you continue using the Services after that date, you accept the change. If you do not agree, you may cancel before the change takes effect.

23. Disputes, Governing Law, and Venue

Informal resolution first. Before filing any claim, the party with the concern must send a written description of the dispute to the other. For notices to us, use [email protected] and our mailing address. Both parties will then try in good faith to resolve it for at least 30 days.

Small claims. Either party may bring a claim in small claims court if it qualifies.

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any lawsuit must be brought only in one of the following, and both parties consent to their jurisdiction:

• the Superior Court of California, County of Sacramento, or

• the United States District Court for the Eastern District of California.

24. Our Own Text Messaging Program

If you agree to receive text messages from AiPEXsites, the following applies:

• Consent. You give consent by checking an unchecked consent box on our forms or by texting us first. Consent is not a condition of purchasing any Service.

• Types of messages. We may send appointment confirmations and reminders, replies to your questions, account and service updates, and, if you agreed to them, marketing messages.

• Frequency and rates. Message frequency varies. Message and data rates may apply.

• Opting out. Reply STOP at any time. We will confirm and then stop. To rejoin, sign up again the way you did originally.

• Help. Reply HELP, or email [email protected].

• Carriers. Carriers are not liable for delayed or undelivered messages.

• Privacy. See our Privacy Policy at aipexsites.com.

25. General Terms

• Entire agreement. These Terms, the Privacy Policy, and any signed order form are the entire agreement between us.

• Severability. If any part of these Terms is found unenforceable, it will be enforced to the fullest extent allowed, and the rest remains in effect.

• No waiver. Not enforcing a right is not a waiver of that right.

• Assignment. You may not transfer these Terms without our written consent. We may transfer them to a successor business, such as an LLC or corporation we form, or to a buyer of our business.

• Independent contractor. We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as outages, natural disasters, or government actions. This does not excuse payment obligations.

• Electronic communications and signatures. You agree that notices may be sent by email, and that clicking "I agree," checking a box, or signing electronically is a valid signature.

• Survival. Sections on fees owed, ownership, confidentiality, data protection, disclaimers, limitation of liability, indemnification, and disputes survive cancellation.

26. Contact Us

Miguel Angel Torres, doing business as AiPEXsites
9922 Macabee Lane
Elk Grove, CA 95757
Email: [email protected]