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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS ONLY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Acceptance of These Terms of Service

Come Along AI ("Come Along AI," "we," "us," or "our") provides an AI-powered operations platform for contractors, including an AI Voice & Text Agent, website development, chatbot services, sales outreach automation, SEO, and PR services (such services, including any new features and applications, our website, and any related mobile interfaces, collectively, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service").

By registering for or creating a Come Along AI account, or accessing, browsing, or otherwise using the Site or any aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are registering or using the Service on behalf of a business or other organization, you represent to Come Along AI that you have the authority to bind that entity to these Terms of Service, and references to "you" and "your" will refer to that entity. If you do not accept these Terms of Service, do not access or use the Service.

The Services include (a) our website (the "Site"), (b) Come Along AI's services and technologies, including our AI Voice & Text Agent, website chatbot, sales automation, SEO, and related contractor operations tools, and (c) all software, data, reports, text, images, sounds, recordings, video, and content made available through any of the foregoing (collectively, the "Content"). Any new features added to or augmenting the Service are also subject to these Terms of Service.

Come Along AI may change these Terms of Service from time to time by providing thirty (30) days prior notice via email to the address associated with your account or by posting a notice on the Site. The revised terms become effective upon any renewal of your subscription (if applicable) or thirty (30) days after notice is posted or sent, whichever is later. Continued use of the Service after that date constitutes acceptance of the revised terms. If you do not accept any change, your only remedy is to stop using the Services and send a cancellation email to David@comealong.ai.

Your Privacy: We respect the privacy of our users. Please see our Privacy Policy for details. By using the Service, you consent to our collection, use, and disclosure of personal data as outlined therein.

Additional Terms: When using certain features through the Service, you may be subject to additional posted terms applicable to those features. All such terms are incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description

The Service is designed to provide AI-powered operations infrastructure to contractors and tradespeople — including automated phone answering, lead capture, appointment scheduling, website development, chatbot deployment, sales outreach, SEO, and PR — to help our customers gain and retain customers, save time, and increase revenue.

Registration Obligations

As part of the registration process, you will identify an administrative username and password for your account ("Account"). Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service. If you are under 18, you may use the Service only with the approval of your parent or guardian.

Account Password and Security

You are responsible for maintaining the confidentiality of your password and Account details and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Come Along AI of any unauthorized use of your Account or any other security breach, and (b) exit from your Account at the end of each session. Come Along AI will not be liable for any loss or damage arising from your failure to comply with this section.

Modifications to Service

Come Along AI reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Come Along AI will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Come Along AI may establish general practices and limits concerning use of the Service, including maximum data retention periods and maximum storage space allotted on behalf of your account. Come Along AI has no responsibility or liability for the deletion or failure to store any data or content. Come Along AI reserves the right to terminate accounts that are inactive for an extended period and to change these general practices and limits at any time, with or without notice.

Conditions of Access and Use

User Conduct

You are solely responsible for all information, data, text, software, sounds, recordings, images, messages, and other materials ("content") that you make available to Come Along AI or upload via the Service (collectively, "User Content"). The following uses are illegal or prohibited. Come Along AI reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including removing offending content, suspending or terminating accounts, and reporting violations to law enforcement. You agree not to use the Service to:

  1. Upload any content that (i) infringes any intellectual property or proprietary rights of any party; (ii) you do not have the right to upload; (iii) contains software viruses or other code designed to disrupt or limit the functionality of any system; (iv) poses a privacy or security risk to any person; (v) constitutes unsolicited advertising, spam, chain letters, pyramid schemes, or any unauthorized solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable; or (vii) in Come Along AI's sole judgment, restricts or inhibits any other person from using or enjoying the Service or exposes Come Along AI or its users to harm or liability;
  2. Interfere with or disrupt the Service or servers or networks connected to the Service;
  3. Violate any applicable local, state, national, or international law or regulation, including laws against recording users without their knowledge or consent;
  4. Impersonate any person or entity or falsely state your affiliation with any person or entity;
  5. Solicit personal information from anyone under the age of 18;
  6. Harvest or collect email addresses or other contact information of other users for purposes of sending unsolicited communications;
  7. Advertise or offer to sell or buy goods or services for any business purpose not specifically authorized;
  8. Further or promote any criminal activity or provide instructional information about illegal activities;
  9. Attempt to access content or information through means not intentionally made available through the Service;
  10. Circumvent, remove, alter, or degrade any content protections or geographic restrictions on content available through the Service; or
  11. Engage in data mining, scraping, robots, or similar data gathering or extraction methods.

Competitors

No employee, independent contractor, agent, or affiliate of any competing AI, automation, or contractor technology company is permitted to view, access, or use any portion of the Service without the express written permission of Come Along AI. By using the Service, you represent and warrant that you are not a competitor of Come Along AI or acting on behalf of a competitor.

Fees

Where the Service or any portion thereof is made available for a fee, you may be required to select a payment plan and provide payment instrument information. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You agree to promptly update your account with any changes to your billing information. You agree to pay Come Along AI the amount specified in your payment plan. For subscriptions that automatically renew, you authorize Come Along AI (through our Payment Processor) to bill your payment instrument in advance on the applicable periodic basis until you cancel. Disputes regarding charges must be raised within sixty (60) days of the charge. Come Along AI reserves the right to change prices with at least thirty (30) days advance notice. Continued use after a price change takes effect constitutes acceptance of the new pricing. You are responsible for all applicable taxes.

Payment Processing

Come Along AI does not directly process payments. To facilitate payment via bank account, credit card, or debit card, we use Stripe, Inc. ("Stripe"). These payment processing services are subject to the Stripe Terms and Conditions and Stripe's Privacy Policy. By agreeing to these Terms of Service, users of the payment functions of the Service also agree to be bound by Stripe's agreements. You authorize Stripe to store and continue billing your specified payment method to avoid service interruptions. Come Along AI assumes no liability for payments made through the Service.

Refunds and Cancellations

Payments made hereunder are final. You may request a refund for the current month of service. You may cancel your subscription at any time through your Service dashboard.

Commercial Use

Unless expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for commercial purposes any portion of the Service, use of the Service, or access to the Service. The Service is for your internal business use.

Software and Technology

Ownership and Restrictions

The technology and software underlying the Service are the property of Come Along AI, its affiliates, and its licensors (the "Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. All rights not expressly granted herein are reserved by Come Along AI.

Export Controls

Come Along AI is headquartered in the United States. If you access or use the Service from outside the United States, you do so at your own risk and are solely responsible for ensuring compliance with the laws of your jurisdiction. Software available in connection with the Service is subject to United States export controls and may not be downloaded, exported, or re-exported in violation of U.S. export laws.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Come Along AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content. Any use of the Service or Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks

The Come Along AI name and logos are trademarks and service marks of Come Along AI (collectively, the "Come Along AI Trademarks"). Nothing in these Terms of Service should be construed as granting any license or right to use any Come Along AI Trademarks without our prior written permission. All goodwill generated from use of Come Along AI Trademarks inures to our exclusive benefit.

Third-Party Material

Come Along AI is not liable for the content or materials of any third parties, including for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any such content.

User Content

You represent and warrant that you own all right, title, and interest in and to your User Content, including all copyrights and rights of publicity contained therein. As part of your use of the Service, your customers may provide information that is recorded via the Service (all such information and related recordings, "Customer Information"). You hereby grant Come Along AI and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, evaluate, display, upload, perform, distribute, process, store, modify, and otherwise use such User Content and Customer Information in connection with the development, improvement, and operation of the Service and related products and services. You assume all risk associated with your User Content and bear sole responsibility for its accuracy, quality, legality, and appropriateness.

You authorize Come Along AI and its third-party service providers to derive statistical and usage data from your and your customers' use of the Service ("Usage Data"), and consent to the use or distribution of such data by service providers selected at Come Along AI's discretion, in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Submissions") provided by you or your customers to Come Along AI are non-confidential and Come Along AI is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation.

You acknowledge and agree that Come Along AI may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates third-party rights; or (d) protect the rights, property, or personal safety of Come Along AI, its users, or the public.

Copyright Complaints

Come Along AI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in accordance with the Digital Millennium Copyright Act ("DMCA") by emailing David@comealong.ai with the subject line "DMCA Takedown Request."

To be effective, your notification must be in writing and include:

Counter-Notice

If you believe that your User Content that was removed is not infringing, you may send a written counter-notice to the address above that includes: your physical or electronic signature; identification of the removed content and its prior location; a statement under penalty of perjury that the content was removed as a result of mistake or misidentification; and your name, address, telephone number, and email address. Upon receipt of a valid counter-notice, Come Along AI may replace the removed content within ten (10) to fourteen (14) business days, unless the copyright owner files a court action seeking an order against Come Along AI or the user.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Come Along AI has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers.

Third-Party Services and Websites

The Service may provide links or access to third-party services, sites, technology, and resources ("Third-Party Services"). Your access and use of Third-Party Services may be subject to additional terms and conditions of those third parties. Come Along AI has no control over and is not responsible for Third-Party Services, including their accuracy, availability, reliability, or privacy practices. You, and not Come Along AI, are responsible for any and all costs and charges associated with your use of any Third-Party Services. Integration or inclusion of Third-Party Services does not imply an endorsement or recommendation by Come Along AI.

Indemnification

You agree to defend, indemnify, and hold harmless Come Along AI, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "Come Along AI Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your violation of these Terms of Service, or your violation of any rights of another. Come Along AI will provide notice to you of any such claim and reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. You may not settle or compromise any claim against the Come Along AI Parties without Come Along AI's written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COME ALONG AI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT CERTAIN COMPONENTS OF THE SERVICE ARE BASED ON PREDICTIVE STATISTICAL MODELS AND AI SYSTEMS, AND MAY CONTAIN BUGS, MAKE ERRORS, OR MISINTERPRET REQUESTS OR SPOKEN CONTENT. COME ALONG AI DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL REQUESTS OR SPOKEN CONTENT WILL BE ACCURATELY UNDERSTOOD OR THAT HUMAN INTERVENTION WILL NOT BE REQUIRED.

THE COME ALONG AI PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COME ALONG AI PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COME ALONG AI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COME ALONG AI PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COME ALONG AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and Come Along AI, whether arising out of or relating to these Terms of Service, the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify. Come Along AI and you agree to go to court to resolve disputes relating to intellectual property rights (e.g., trademarks, trade secrets, copyrights, or patents). By entering into these Terms of Service, you and Come Along AI each waive the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions

YOU AND COME ALONG AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING, UNLESS BOTH PARTIES AGREE OTHERWISE.

c. Pre-Arbitration Dispute Resolution

Come Along AI is always interested in resolving disputes amicably. Most concerns can be resolved quickly by emailing customer support. If such efforts prove unsuccessful, a party seeking arbitration must first send the other a written Notice of Dispute ("Notice") by certified mail. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the parties do not resolve the claim within sixty (60) calendar days after the Notice is received, either party may commence an arbitration proceeding.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules, as modified by this Arbitration Agreement. For more information, visit www.adr.org. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator may award the same damages and relief on an individual basis that a court could award under these Terms of Service and applicable law. If your claim is for $10,000 or less, you may choose whether the arbitration is conducted on the basis of submitted documents, through a telephonic hearing, or by an in-person hearing. The arbitrator will issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, "Arbitration Fees") will be governed by the AAA Rules. If the value of the relief sought is $75,000 or less, Come Along AI will pay all Arbitration Fees upon your request. If you demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, Come Along AI will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or arbitrator decides that any term or provision of this Arbitration Agreement (other than the class action prohibition in subsection (b) above) is invalid or unenforceable, the parties agree to replace such term with a valid and enforceable provision that most closely expresses the original intent, and this Arbitration Agreement will remain enforceable as modified. If the class action prohibition is found invalid or unenforceable, the entirety of this Arbitration Agreement will be null and void.

h. Future Changes to Arbitration Agreement

If Come Along AI makes any future change to this Arbitration Agreement while you are a user, you may reject such change by sending written notice to Come Along AI within thirty (30) calendar days of the change. By rejecting any future change, you agree to arbitrate any dispute in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service.

Termination

Come Along AI may, in its sole discretion, suspend or terminate your account or use of the Service and remove or discard any content within the Service for any reason, including lack of use or violation of these Terms of Service, with or without notice. Come Along AI may also discontinue providing the Service at any time. You agree that Come Along AI will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You are solely responsible for your interactions with any other user in connection with the Service, including your customers. Come Along AI reserves the right, but has no obligation, to become involved in any disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Come Along AI governing your access and use of the Service and supersede any prior agreements with respect to the Service. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Come Along AI submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. The failure of Come Along AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found invalid, the court should endeavor to give effect to the parties' intentions, and the remaining provisions will continue in full force and effect. Any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign these Terms of Service without the prior written consent of Come Along AI. Come Along AI may assign or transfer these Terms of Service, in whole or in part, without restriction. Come Along AI will not be in default by reason of any failure or delay in performance due to circumstances beyond its reasonable control, including civil disturbances, natural disasters, acts of God, network or power failures, or other force majeure events.

Questions? Concerns? Suggestions?

Please contact us at David@comealong.ai or by phone at 845-354-3758 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.