Terms of Service

1. Refund Policy

For complete details on our refund terms, eligibility requirements, and chargeback policy, please review our full Refund Policy, which is incorporated into these Terms by reference.

2. Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (incorporated by reference).

These Terms apply to all users, including businesses, agencies, and individuals using our platform for business automation and AI-powered services.

3. Eligibility

You must meet the following requirements to use our Services:

• You are at least 13 years of age
• You have the legal capacity to enter into binding contracts
• If you are using the Services on behalf of a business, you have the authority to bind that entity to these Terms
• You are not prohibited from using our Services under applicable laws

We reserve the right to refuse service to anyone for any reason at any time.

4. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized access or security breach at hello@usecortana.ai
• We are not liable for any loss or damage arising from your failure to protect your account

3.3 One Account Per User

You may not create multiple accounts to circumvent restrictions or abuse our Services.

5. Description of Services

Cortana provides AI-powered business automation services, including but not limited to:

• AI Agents: Automated conversational agents for customer communication via SMS, voice calls, social media, and live chat
• Ad Tracking & Attribution: Conversion tracking, pixel installation, and advertising performance analytics
• CRM Integration: Contact management, appointment scheduling, and workflow automation
• Third-Party Integrations: Connections to platforms like Shopify, GoHighLevel, Meta, Google Ads, Stripe, and others
• Voice Capabilities: AI-powered voice calls with transcription and recording
• Analytics & Reporting: Business insights and performance dashboards

6. Fees and Payment

5.1 Subscription Plans

Cortana offers subscription-based pricing for its Services. By subscribing, you agree to pay all applicable fees as described on our pricing page at the time of purchase.

5.2 Billing

• All subscriptions are month-to-month unless otherwise specified
• Fees are billed in advance on a monthly recurring basis
• Payment is processed through Stripe, our third-party payment processor
• You authorize us to charge your payment method on file for all applicable fees
• Failed payments may result in service suspension or account termination

5.3 No Refunds

ALL FEES ARE NON-REFUNDABLE. We do not offer refunds or credits for partial months of service, unused features, or early cancellations. You remain responsible for all charges incurred prior to cancellation.

5.4 No Free Trials

Cortana does not currently offer free trial periods. All subscriptions begin billing immediately upon activation.

5.5 Usage-Based Fees

Certain features (e.g., voice calls, SMS messages, AI agent usage) may incur additional usage-based charges. You will be notified of these charges before using applicable features.

5.6 Price Changes

We reserve the right to modify our pricing at any time. We will provide you with at least 30 days' notice of any price increases. Your continued use of the Services after the price change takes effect constitutes acceptance of the new pricing.

5.7 Taxes

All fees are exclusive of applicable taxes, which you are responsible for paying.

7. White Label Reselling

Cortana offers white-label capabilities that allow you to resell our Services under your own branding. If you use our white-label features, the following terms apply:

6.1 White Label Partner Responsibilities

• You are the data controller for your end users' data
• You are responsible for compliance with all applicable laws, including data protection and privacy regulations
• You must maintain your own Privacy Policy and Terms of Service for your end users
• You are responsible for all customer support, billing disputes, and legal obligations to your end users
• You must clearly disclose to your users that the underlying technology is provided by a third party (without necessarily naming Cortana)

6.2 Cortana's Role as Service Provider

When you use our white-label features, Cortana acts as a data processor on your behalf. We process data according to your instructions and these Terms. You retain all legal liability for your end users.

8. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited marketing, or automated messages in violation of anti-spam laws (CAN-SPAM, TCPA, GDPR)
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, or harm others
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble our software
• Use our Services to compete with Cortana or build a similar product
• Scrape or extract data from our platform using automated tools
• Use our Services in any way that could damage, disable, or impair our infrastructure
• Promote illegal activities, violence, hate speech, or adult content

We reserve the right to investigate and terminate accounts that violate this Acceptable Use Policy.

9. Intellectual Property

8.1 Cortana's IP

All intellectual property rights in the Services, including software, design, trademarks, logos, and content, are owned by Visionary Creations Inc. or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

8.2 Your Content

You retain ownership of all data, content, and materials you upload to the Services ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide the Services.

8.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use and implement them without compensation or attribution.

10. User Data and Privacy

Your use of our Services is also governed by our Privacy Policy, available at /privacy. Please review it carefully.

Key Points:

• We collect and process data as described in our Privacy Policy
• You are responsible for ensuring you have legal rights to any data you upload to our Services
• You must comply with all applicable data protection laws (GDPR, CCPA, etc.) when using our Services
• We use third-party AI services to process your data for automation purposes
• We do not use your data to train our own AI models

11. Third-Party Integrations

Our Services integrate with third-party platforms (e.g., Shopify, Meta, Google Ads, Stripe, GoHighLevel). By connecting these integrations:

• You authorize us to access and process data from these platforms on your behalf
• You are responsible for complying with the terms of service of each third-party platform
• We are not responsible for the performance, availability, or security of third-party services
• Third-party terms and privacy policies govern your use of those platforms

We may discontinue or modify integrations at any time without notice.

12. Disclaimers and Warranties

You acknowledge that AI technology is evolving and may produce unexpected results. You use our Services at your own risk.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Visionary Creations Inc., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Violation of these Terms or applicable laws
• Infringement of any third-party rights
• Your User Content or business practices
• White-label reselling activities and relationships with your end users
• Claims from your customers, partners, or third parties

15. Termination

14.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for unused time.

14.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails or your account is past due
• We suspect fraudulent, abusive, or illegal activity
• We discontinue the Services (with 30 days' notice)
• Required by law or legal process

14.3 Effect of Termination

Upon termination:

• Your access to the Services will immediately cease
• All data in your account will be deleted within 30 days (as described in our Privacy Policy)
• You remain responsible for all fees incurred prior to termination
• Sections of these Terms that by their nature should survive (e.g., liability limitations, indemnification) will continue to apply

16. Dispute Resolution and Arbitration

15.1 Mandatory Arbitration

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including the formation, performance, breach, or termination thereof) shall be resolved through binding arbitration rather than in court.

15.2 Arbitration Rules

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration will take place in Delaware, or another mutually agreed location
• The arbitrator's decision is final and binding
• Each party will bear its own costs and attorneys' fees, unless the arbitrator decides otherwise

15.3 Class Action Waiver

YOU AND CORTANA AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.

15.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or confidential information.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to hello@usecortana.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

To the extent arbitration does not apply, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top
• Notify you via email (if you have an active account)
• Post a notice on our platform

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Services.

19. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cortana regarding the Services.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (e.g., natural disasters, war, pandemics, cyberattacks).

18.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Cortana.

20. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us: