Terms and Conditions

The Site and our services are for businesses and for adults aged 18 or older who have authority to act for their company.

Elite Mark designs, builds and operates custom AI agents and related systems that handle inbound calls, messages and leads for landscaping companies. The scope, fees, term and deliverables of any engagement are set out in a separate written agreement with you (the "Service Agreement"). If these Terms conflict with a signed Service Agreement, the Service Agreement controls.

Booking a strategy call creates no obligation for either party and does not form a client relationship. Information we share on the call is general business information and is not legal, financial, tax or compliance advice. You decide whether to act on it.

If you become a client, you are responsible for how you use the systems we build for you, including that:

• Call recording consent. Some states, including Florida, require every party to a call to consent before it is recorded. You must keep the recording notice and AI disclosure we configure at the start of calls, and you must not instruct us to remove them where the law requires them.
• Calls and texts to leads. You must hold and document any consent the law requires before the systems send marketing texts or place automated or AI-voice calls, and honor opt-outs (such as STOP) immediately.
• Accurate information. The business details, pricing rules, service areas and instructions you give us are accurate and lawful.
• Lawful use. You use the systems only for lawful purposes and in line with the laws of the places where your leads are located.
• Your own policies. You maintain a privacy policy that accurately describes your use of the systems.

You own the lead and customer data collected for you. You give us the right to process that data to provide the services, and we do so as your service provider.

Our agents use artificial intelligence, which can produce incomplete, inaccurate or unexpected outputs. We design and test each system carefully and tune it after launch. You agree to review reports, handle escalated conversations and tell us promptly about errors so that we can correct them. AI agents do not replace your professional judgment, and they do not provide quotes, contracts or commitments on your behalf unless you configure and approve that function in writing.

We design our systems so that inbound calls and leads receive a fast, qualified response. We do not promise any particular revenue, number of leads, appointments, closed deals or return on investment. Results depend on factors outside our control, including your market, pricing, capacity, sales process and the quality of leads you receive. Case studies and examples on the Site describe the results of individual clients. They are not typical or guaranteed results, and your results will differ.

You agree not to: misuse or interfere with the Site or our systems; attempt unauthorized access; copy, scrape or reverse engineer the Site or any system we build; use our services to harass, deceive or unlawfully surveil anyone; or submit unlawful, infringing or malicious content.

The Site, its content, our methods, prompts, workflows, software and branding belong to us or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable license to view the Site for your internal business use. Ownership and licensing of deliverables for clients are set out in the Service Agreement. If you send us feedback, we may use it without obligation to you.

Our systems rely on third-party providers such as telephony, messaging, calendar, CRM and AI model services. Their availability and terms are outside our control, and you agree to follow the terms that apply to the services you use. We are not responsible for outages or changes at third-party providers.

THE SITE AND OUR INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WARRANTIES FOR PAID SERVICES, IF ANY, ARE STATED ONLY IN THE SERVICE AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, LEADS OR DATA, ARISING FROM YOUR USE OF THE SITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED CAD 100. LIABILITY UNDER A SERVICE AGREEMENT IS GOVERNED BY THAT AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE MAY NOT APPLY TO YOU IN FULL.

You agree to defend and indemnify us against claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of law, including laws on call recording and automated calls and texts, or your content and instructions.

We may suspend or end your access to the Site at any time if you breach these Terms or misuse the Site. Termination of paid services is governed by the Service Agreement. Sections that by their nature should survive termination will survive.

These Terms are governed by the laws of Saskatchewan, Canada, without regard to conflict-of-law rules. Both parties first try to resolve any dispute informally by written notice to the other. If that fails, the courts of Saskatchewan, Canada have exclusive jurisdiction, unless your Service Agreement says otherwise.

We may update these Terms. The updated version takes effect when posted with a new effective date. Continued use of the Site after that means you accept the changes.

These Terms, together with the Privacy Policy and any Service Agreement, are the entire agreement between us on their subject. If a provision is unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent.

Arsdeep Singh, operating as Elite Mark, 334 Rosewood Boulevard West, Saskatoon, Saskatchewan S7V 0A7, Canada. Email: partner@elitemark.ai