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Terms & Conditions

Last Updated: January 28, 2025

1. Agreement to Terms

By accessing and using the services provided by Samar Kishor ("we," "us," "our") through samarkishor.com (the "Website"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you (the "Client," "you," or "your") and Samar Kishor regarding your use of our AI automation services, including but not limited to AI Agent Setup, LinkedIn Automation, and Social Media Automation.

2. Service Description

2.1 AI Automation Services

We provide professional AI automation setup services designed for solopreneurs and small businesses, including:

  • AI Agent Setup: Voice AI and Conversation AI agents for 24/7 customer engagement
  • LinkedIn Automation: Automated lead generation, connection building, and outreach campaigns
  • Social Media Automation: Workflow automation for content scheduling, posting, and engagement

2.2 Service Nature

Our services are one-time setup services. We configure and deliver automation systems according to the selected package. Ongoing platform subscriptions (such as GoHighLevel, LinkedIn tools, or social media management tools) are managed and paid for separately by the Client.

3. Pricing and Payment Terms

3.1 One-Time Setup Fees

All pricing listed on our Website represents one-time setup fees for the initial configuration and delivery of automation services:

  • Starter Package: $497 (one-time)
  • Professional Package: $897 (one-time)
  • Enterprise Package: $597 (one-time)

3.2 Platform Subscription Costs

Our setup fees do NOT include ongoing platform subscription costs (e.g., GoHighLevel, LinkedIn automation tools, social media management platforms). Clients are responsible for these recurring costs. We offer assistance in obtaining the best pricing for GoHighLevel and other platforms.

3.3 Payment Schedule

Payment terms will be specified in your service agreement. Typically:

  • 50% deposit required to begin work
  • 50% balance due upon completion and delivery

3.4 Accepted Payment Methods

We accept payment via credit card, debit card, bank transfer, and other methods as communicated during the engagement process.

4. Refund and Revision Policy

4.1 No Refund After Delivery

IMPORTANT: Once the setup is done and delivered, no refund will be provided. However, revisions can be requested.

4.2 Revision Requests

After delivery, you may request reasonable revisions to the setup within 30 days of delivery. Revision requests must:

  • Be submitted in writing via email to [email protected]
  • Clearly describe the issue or desired modification
  • Fall within the scope of the original service package purchased

4.3 Out-of-Scope Revisions

Revisions that fall outside the original scope of work, require significant additional development, or involve third-party platform changes may incur additional fees, which will be communicated before proceeding.

4.4 Pre-Delivery Cancellation

If you choose to cancel before delivery begins, the deposit paid is non-refundable but may be applied to future services within 12 months. If work has already commenced, fees for work completed will be deducted from any refund amount.

5. Service Delivery and Timeline

5.1 Estimated Timelines

Service delivery timelines vary by package complexity:

  • Starter Package: Typically 3-5 business days
  • Professional Package: Typically 5-10 business days
  • Enterprise Package: Typically 10-15 business days

5.2 Timeline Dependencies

Delivery timelines are contingent upon:

  • Timely provision of required information and access credentials by the Client
  • Availability of third-party platforms and APIs
  • Complexity of custom requirements

5.3 Delays Beyond Our Control

We are not liable for delays caused by factors outside our reasonable control, including but not limited to third-party platform outages, API changes, or Client delays in providing necessary information.

6. Client Responsibilities

6.1 Information and Access

You agree to provide:

  • Accurate and complete information necessary for service delivery
  • Timely access to required platforms, accounts, and systems
  • Prompt responses to requests for clarification or additional information

6.2 Platform Compliance

You are responsible for ensuring your use of automation services complies with:

  • Terms of service of platforms being automated (LinkedIn, Facebook, Instagram, etc.)
  • Applicable laws and regulations (GDPR, CCPA, CAN-SPAM, etc.)
  • Industry best practices for ethical marketing and outreach

6.3 Account Security

You are responsible for maintaining the security of your accounts, credentials, and access permissions. We recommend using secure passwords and enabling two-factor authentication where available.

7. Intellectual Property Rights

7.1 Ownership of Deliverables

Upon full payment, you own the automation workflows, configurations, and custom scripts created specifically for your project. However, we retain ownership of:

  • Pre-existing templates, frameworks, and tools used in delivery
  • General methodologies and processes
  • Any proprietary software or systems developed independently

7.2 Third-Party Platforms

Services may integrate with third-party platforms (GoHighLevel, LinkedIn, etc.). Your use of these platforms is subject to their respective terms of service and licensing agreements.

7.3 Brand Usage

We reserve the right to use your company name and logo as a portfolio reference unless you explicitly request otherwise in writing.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We will make reasonable efforts to ensure automation setups function as described.

8.2 No Results Guarantee

DISCLAIMER: While we provide professional setup services, we do NOT guarantee specific business results, lead generation outcomes, sales conversions, or return on investment. Actual results depend on numerous factors outside our control, including your business model, market conditions, content quality, and ongoing management.

8.3 Platform Changes

Third-party platforms (LinkedIn, Facebook, Instagram, GoHighLevel, etc.) may change their features, APIs, terms of service, or algorithms at any time. We are not responsible for functionality changes caused by such platform updates.

8.4 No Warranty of Uninterrupted Service

We do not warrant that automation services will operate without interruption or be error-free. Platform outages, API rate limits, and technical issues may occur.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Lost profits or revenue
  • Loss of business opportunities
  • Loss of data
  • Account suspensions or bans by third-party platforms
  • Damage to business reputation

9.3 Platform Account Risks

While we implement automation following best practices and platform guidelines, we are not responsible if your accounts are suspended, banned, or penalized by third-party platforms (LinkedIn, Facebook, etc.). You acknowledge and accept these risks when using automation services.

10. Confidentiality

10.1 Confidential Information

Both parties agree to maintain confidentiality of sensitive business information, trade secrets, and proprietary data shared during the engagement.

10.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no breach of this agreement
  • Was lawfully known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

11. Termination

11.1 Termination by Client

You may terminate services before completion by providing written notice. In such cases:

  • You remain responsible for payment for work completed to date
  • Deposits and partial payments are non-refundable
  • We will provide deliverables for completed work

11.2 Termination by Us

We reserve the right to terminate services if:

  • Payment terms are not met
  • You violate these Terms
  • You request services that violate laws or platform policies
  • You engage in abusive or unprofessional conduct

12. Indemnification

You agree to indemnify, defend, and hold harmless Samar Kishor, its employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of automation services
  • Your violation of these Terms
  • Your violation of third-party platform terms of service
  • Your violation of applicable laws or regulations
  • Content, data, or materials you provide for use in automation

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal dispute resolution, parties agree to attempt good-faith informal resolution by contacting [email protected].

13.2 Mediation

If informal resolution fails, parties agree to attempt mediation before pursuing litigation or arbitration.

13.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Samar Kishor operates, without regard to conflict of law provisions.

13.4 Jurisdiction

Any legal action arising from these Terms shall be brought exclusively in the courts of competent jurisdiction where Samar Kishor operates.

14. Modifications to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with an updated "Last Updated" date.

14.2 Notification

For material changes, we will make reasonable efforts to notify clients via email or prominent notice on the Website.

14.3 Continued Use

Your continued use of services after Terms modifications constitutes acceptance of the updated Terms. If you do not agree to modifications, discontinue use of services.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any service agreement or proposal, constitute the entire agreement between parties and supersede all prior agreements, understandings, and communications.

15.2 Severability

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

15.3 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to affiliates or in connection with a business transfer.

15.5 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, acts of government, internet outages, or platform disruptions.

16. Contact Information

If you have questions about these Terms or need to contact us regarding our services, please reach out:

Samar Kishor AI Automation Services

Website: samarkishor.com

Email: [email protected]

17. Acknowledgment and Consent

By using our services or submitting a service request, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. You further acknowledge:

  • You understand the no-refund policy after delivery
  • You accept responsibility for platform compliance
  • You understand that results are not guaranteed
  • You agree to provide necessary information and access for service delivery
  • You accept the limitations of liability outlined herein

Last Updated: January 28, 2025
These Terms & Conditions are effective as of the date of your service agreement or first use of services, whichever is earlier.

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