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TERMS AND CONDITIONS | WWW.FETCHED.AI

INTRODUCTION


These terms and conditions ("Agreement") govern the use of the Autopipeline Implementation Service ("Service") provided by Fetched L.L.C-FZ ("Agency", "Company", "we", "us", "our") to you ("Client", "you", "your"). By purchasing and using the Service, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use the Service.

DEFINITIONS
2.1 "Autopipeline System" means the combination of third-party software and Agency's proprietary approach, which Client receives a license to access and utilize pursuant to these terms.

2.2 "Autopipeline Implementation Service" means the consulting service provided by Agency to build, install, and provide access to the Autopipeline System for Client, as well as the associated coaching and support.

2.3 "Launch Day" refers to the first day on which Client utilizes the Autopipeline System to send outbound messages.

2.4 "Qualified Sales Opportunity" refers to a prospect that engages with Client as a result of the Autopipeline System and meets the following criteria: (a) Fits Client's target customer profile; (b) Has decision-making authority or influence; (c) Expresses interest in Client's offerings; and (d) Agrees to a sales conversation or meeting.

2.5 "Business Explainer Video" refers to a short, animated video that explains a company's product, service, or business concept in a clear and engaging manner. These videos may be created using various styles, such as whiteboard animation or 2D animation.

SERVICE DESCRIPTION
3.1 The Autopipeline Implementation Service provides Client with a license to access and utilize the Autopipeline System, which is designed to help Client send automated outbound activity at scale to generate leads for their business.

3.2 Agency will build and install the Autopipeline System for Client, tailoring it to Client's unique needs and goals. Agency will provide access to its online learning platform and ongoing support from its team of experts.

3.3 Client acknowledges that the Autopipeline System integrates with third-party applications, which Agency does not own or control. Client is responsible for obtaining and maintaining licenses for these applications.

CLIENT RESPONSIBILITIES
4.1 Messaging: Client is solely responsible for creating and providing the messaging used in their outbound campaigns. Agency does not provide messaging services as part of the Service.

4.2 Results: Client acknowledges that the results achieved using the Autopipeline System depend on various factors, including the quality of Client's messaging, the relevance of Client's target audience, and Client's consistent implementation of the strategies provided by Agency. Agency does not guarantee specific results.

INTELLECTUAL PROPERTY
5.1 Agency retains all intellectual property rights in the Autopipeline System and any materials provided as part of the Service. The license granted to Client is non-exclusive, non-transferable, and limited to the purpose of generating leads for Client's business.

5.2 Client may not modify, distribute, reproduce, or create derivative works of the Autopipeline System or any materials provided by Agency without Agency's prior written consent.

PAYMENT AND REFUNDS
6.1 The Service is provided on a subscription basis, with payments due monthly in advance.

6.2 If Client has not generated at least 15 Qualified Sales Opportunities within 12 weeks of the Launch Day, Client is entitled to a refund of their first month's subscription fee only, subject to the following conditions:

a) Client must provide Agency with access to their instance of the Autopipeline System to validate the request.
b) Client must demonstrate that they have completed all learning modules within Agency's online platform and consistently implemented the strategies provided.
c) The refund is limited to the first month's subscription fee and does not include any subsequent months paid.

6.3 To request a refund, Client must contact Agency's support team with the required information. Refund requests will be processed within 30 days of receipt and validation.

LIMITATION OF LIABILITY
In no event shall Agency be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to Client's use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Agency has been advised of the possibility of such damages.

CONFIDENTIALITY
8.1 The Autopipeline System components, workflows, databases, code, and any other elements constitute Agency's strictly confidential trade secrets, which Client may not disclose to any third party or attempt to reverse engineer. These confidentiality obligations survive any termination of this Agreement.

8.2 Agency shall maintain the confidentiality of any sensitive information accessed or obtained during the course of providing the Service, in accordance with applicable confidentiality laws and regulations.

DATA PRIVACY
9.1 Client acknowledges and agrees that Client shall be solely responsible for complying with all data privacy laws, regulations, and directives applicable to the contact data uploaded to the Autopipeline System by Client, as well as all messaging and communications sent utilizing the System by Client. This includes but is not limited to obtaining any legally required consents or opt-in approvals to store and communicate with such contacts.

9.2 Client shall establish processes to respond to data requests, complaints, and inquiries from contacts reached through the Autopipeline System pursuant to applicable laws and regulations, and comply with required retention, disclosure, and deletion requirements regarding contact data.

USAGE RESTRICTIONS
10.1 Client agrees and acknowledges that the Autopipeline System and associated Services will not be used for transmitting or facilitating communications that: (a) violate any laws or regulations; (b) promote illegal activity; (c) are false, deceptive, or fraudulent; or (d) infringe any intellectual property or proprietary rights of a third party.

10.2 Usage is restricted regarding businesses in high-risk or illegal industries, including but not limited to adult content, gambling, binary options, weapons, illegal drugs and services, counterfeit goods, tobacco, and e-cigarettes.

10.3 Agency reserves the right to suspend or terminate access for any violations of these usage restrictions without refund.

BUSINESS EXPLAINER VIDEO SERVICES

11.1 Agency offers Business Explainer Video services in three packages: Entry, Standard, and Accelerate. The specific details of each package, including the type of animation, number of requests, video duration, and turnaround time, are outlined within Agency's scoping call and/or client proposal.

11.2 Client acknowledges that the packages are subscription-based and may be paused or canceled at any time with 14-days notice, subject to the terms of this Agreement.

APPROVAL PROCESS AND REVISIONS

12.1 For each Business Explainer Video, Client will be provided with the opportunity to review and approve the voiceover, script, and storyboard before the video is created.

12.2 Once Client has approved the voiceover, script, or storyboard, no further revisions to these elements will be permitted.

12.3 For the video visuals, Client is entitled to request up to two revisions. Any additional revisions beyond this limit may incur additional fees at Agency's discretion.

 

INTELLECTUAL PROPERTY

13.1 Upon full payment of the applicable fees, Agency grants Client a non-exclusive, perpetual, worldwide license to use the final delivered Business Explainer Video for their intended purpose, subject to the terms of this Agreement.

13.2 Agency retains all intellectual property rights in any preliminary or draft materials, including scripts, storyboards, and initial video drafts.

CLIENT RESPONSIBILITIES

14.1 Client is responsible for providing Agency with accurate and complete information necessary for the creation of the Business Explainer Video, including but not limited to product/service details, target audience, and desired messaging.

14.2 Client shall provide timely feedback and approvals throughout the production process to ensure the video meets their requirements and expectations.

 

PAYMENT AND REFUNDS

15.1 Payment for Business Explainer Video services is due in advance on a monthly basis, in accordance with the selected package.

15.2 No refunds will be provided for Business Explainer Video services either the voiceover, script, or storyboard has been approved by Client, as Agency will have commenced work based on these approvals.

LIMITATION OF LIABILITY

16.1 In no event shall Agency be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Business Explainer Video services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Agency has been advised of the possibility of such damages.

16.2 Agency's total liability arising out of or relating to the Business Explainer Video services shall not exceed the total amount paid by Client for the services in the three months preceding the event giving rise to the claim.

TERMINATION

17.1 Either party may terminate the Business Explainer Video services at any time by providing written notice to the other party with 14-days written notice required by the Client.

17.2 Upon termination, Client shall pay all outstanding fees for work completed or in progress up to the date of termination.

 

CONFIDENTIALITY

18.1 Agency acknowledges that any materials or information provided by Client for the purpose of creating the Business Explainer Video are confidential and shall not be disclosed to any third party without Client's prior written consent.

GOVERNING LAW AND DISPUTE RESOLUTION
19. This Agreement shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the DIFC-LCIA Arbitration Centre.

19.1 Neither party may initiate any legal action or proceeding arising out of this Agreement more than 6 months after the basis for the claim was reasonably discoverable.

AMENDMENTS
20. Agency reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on Agency's website. Client's continued use of the Service after any changes constitutes acceptance of the new terms.

GENERAL TERMS
21.1 This Agreement represents the entire understanding between the parties and may only be amended in a signed writing. If any provision should prove unenforceable, it shall be severed, leaving the remaining terms intact.

21.2 Agency reserves the right, upon reasonable notice to Client, to review usage logs, message content, and access other necessary Autopipeline System information solely to the extent required to ensure Client's use complies with contractual Usage Restrictions and applicable laws. Client agrees to provide reasonable access to necessary System records and information solely for such compliance audits conducted in good faith.

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