Terms of Service
Effective Date: 04/03/2025
This Terms of Service Agreement (“Agreement”) is entered into by and between Powerhouse Media Marketing, LLC - doing business as The AI Powerhouse (“Company”), utilizing the software platform Thetechstack.ai (“Platform”), and the Client (“you” or “Client”). By accessing or using our services, you agree to be bound by the terms and conditions set forth herein.
1. Purpose and Scope
The Company provides services including, but not limited to, AI implementation, automation, and integration services designed to optimize marketing and operational processes for our clients. This Agreement governs your access to and use of our services and the Platform.
2. Services Provided
• AI Implementation & Automation: Setup and/or optimization of AI systems tailored to your business needs.
• System Integration: Integration with existing platforms (e.g., CRM, advertising accounts) to streamline operations.
• Training & Support: Provision of documentation, training sessions, and ongoing support to ensure proper use of our services.
• Performance Monitoring: Regular reporting and analytics regarding system effectiveness and key performance indicators.
3. Compensation and Billing
• Fee Structure: You agree to pay fees as outlined in your service agreement with the Company. Fees may be based on a revenue-sharing model, flat fee, or other agreed-upon arrangement.
• Billing: All fees will be invoiced on a [monthly/quarterly] basis. You agree to maintain accurate records and use any provided tracking systems to ensure proper revenue attribution.
• Non-Refundable Fees: Except as otherwise provided in a specific performance guarantee, all fees paid are non-refundable.
4. Cancellation & Chargeback Policy
• Cancellation Notice: Should you wish to cancel our services, you must notify us via email at [email protected]. Cancellation requests must be received within 35 days prior to the intended cancellation date.
• Protection Against Chargebacks: You acknowledge that failure to provide the proper cancellation notice or initiating a chargeback without following the cancellation procedure may result in your being liable for all fees due under this Agreement. In such cases, the Company reserves the right to pursue all legal remedies.
• Post-Cancellation Obligations: Upon cancellation, you are responsible for payment for all services rendered up to the effective cancellation date. Any outstanding fees must be settled within 5 business days of termination.
5. Communication Consent
By using our services, you expressly grant the Company the right to contact you using any means necessary, including but not limited to SMS, email, AI voice or chat communications, social media, and direct phone calls. This communication may include service updates, promotional materials, and other important information regarding our services.
6. Confidentiality
Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the term of this Agreement. Neither party shall disclose such information to any third party without the prior written consent of the other, except as required by law. This obligation shall survive the termination of this Agreement.
7. Limitation of Liability
The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to this Agreement. The total liability of the Company shall not exceed the total compensation received under this Agreement, regardless of the legal theory under which damages are sought.
8. Dispute Resolution
• Negotiation: In the event of any dispute, the parties agree to attempt to resolve the matter through good-faith negotiations.
• Arbitration: If a resolution cannot be reached through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in [State/Region], and the arbitrator’s decision shall be final and binding.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law provisions.
10. Entire Agreement and Amendments
This Agreement constitutes the entire agreement between you and the Company regarding your use of our services and supersedes all prior or contemporaneous communications, whether written or oral. Any amendments or modifications must be in writing and signed by both parties.
11. Client Data & Privacy
All client data will be handled in accordance with our Privacy Policy (see below). By entering into this Agreement, you consent to our data collection, processing, and storage practices as described therein.
