Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the services provided by Comix Flow (“Comix Flow,” “we,” “us,” or “our”). By engaging our services, signing an order form, using our website, or submitting a demo request, you (“Client” or “you”) agree to be bound by these Terms. If you do not agree, you must not use the services.

Comix Flow is a done for you AI agency. We design, build, deploy, operate, and continuously optimize AI agents and automations on behalf of our clients, including:

• AI voice agents for inbound and outbound calls;
• AI messaging agents across SMS, WhatsApp, and web chat;
• Lead capture, qualification, routing, and follow up;
• Appointment scheduling, confirmation, rescheduling, and no-show recovery;
• CRM automation, pipeline hygiene, and workflow / back-office automation;
• Ongoing optimization, weekly tuning, and dedicated account management.

Specific deliverables, integrations, channels, minutes, and success criteria are described in each order form or statement of work (“SOW”), which is incorporated into these Terms.

You are responsible for the lawfulness of the communications made on your behalf. Without limitation, you agree that you will:

• Have a lawful basis and, where required, prior express written consent for every contact placed, sent, or accepted on your behalf;
• Maintain and provide accurate contact lists and honor internal do-not-contact preferences;
• Scrub outbound contacts against the National Do Not Call Registry and any applicable state DNC lists;
• Provide accurate business information, hours, offerings, pricing, and service areas;
• Review and approve scripts, prompts, disclosures, and message templates before launch;
• Ensure your use complies with all applicable federal, state, and local laws, including advertising, consumer protection, telecommunications, and privacy laws.

We may pause or terminate any campaign or workflow we reasonably believe is non-compliant.

You acknowledge that the Telephone Consumer Protection Act (TCPA), FCC rules, FTC Telemarketing Sales Rule, and state analogs may apply to calls and messages placed on your behalf. You agree that you are the “seller” and, where applicable, we act as a “telemarketer” performing services under your direction. You represent and warrant that:

• You have obtained the level of consent required for each contact (including prior express written consent for autodialed or prerecorded marketing calls and marketing texts to wireless numbers);
• You will scrub against the National Do Not Call Registry and applicable state DNC lists and honor internal do-not-call requests promptly;
• Outbound calls will only be placed within permitted calling windows (generally 8:00 a.m. to 9:00 p.m. local time of the called party) and consistent with any stricter state rules;
• Callers and messages will identify the business on whose behalf the contact is made and provide required disclosures and opt-out mechanisms;
• Opt-out, revocation of consent, and STOP requests will be honored across all channels.

You are solely responsible for the accuracy of consent records. We may require documentation of consent before launching a campaign.

Calls, messages, and chat sessions handled by our AI agents may be recorded, transcribed, logged, and stored for quality assurance, training, safety, dispute resolution, and continuous optimization of the services.

Recording law varies by jurisdiction. Some U.S. states are “one-party consent” jurisdictions; others require all-party (two-party) consent, including California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada (as interpreted by state courts), New Hampshire, Pennsylvania, and Washington. You are responsible for ensuring that appropriate recording disclosures are configured for your calling regions and for approving the disclosure language used by the agents.

Our agents are automated systems powered by artificial intelligence. Where required by law (for example, California’s bot-disclosure law, Cal. Bus. & Prof. Code § 17940 et seq.), agents will identify themselves as automated. Even where not legally required, our standard practice is to identify agents as AI when a caller asks, and to make the automated nature of the interaction reasonably clear. You are responsible for approving the disclosure language and for any additional disclosures required in your industry.

SMS/MMS messaging on U.S. carriers requires prior opt-in and ongoing compliance with carrier and industry rules, including CTIA guidelines and A2P 10DLC registration for business messaging. You agree that:

• Only opted-in recipients will receive messages;
• All programs will support STOP (opt-out) and HELP replies and standard rate disclosures (“Msg & data rates may apply”);
• Your brand and campaigns may need to be registered under A2P 10DLC and may be subject to carrier vetting, throughput limits, and content restrictions;
• Prohibited content categories (including SHAFT — sex, hate, alcohol, firearms, tobacco — and other carrier-restricted categories) will not be sent without appropriate approvals.

Our collection and use of personal information is described in our Privacy Policy. In the course of performing the services, we act as a processor / service provider on your behalf for personal information contained in your contact lists, conversations, and CRM data. A Data Processing Addendum (DPA) is available on request and is deemed incorporated into these Terms for engagements where required by applicable law. We use vetted subprocessors (telephony carriers, cloud infrastructure, AI model providers, CRM, scheduling, and analytics providers) to deliver the services.

If you are a Covered Entity or Business Associate under HIPAA (for example, a dental group, medical practice, or other healthcare provider), no Protected Health Information (PHI) may be transmitted to, received by, or processed by Comix Flow unless and until we have executed a Business Associate Agreement (BAA) with you. Absent a signed BAA, you agree not to send PHI to the services and to configure agents, forms, and workflows to avoid the collection of PHI.

Where applicable, financial-services clients are responsible for compliance with the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), state financial privacy laws, and related confidentiality and safeguards obligations, including limits on the collection and sharing of nonpublic personal information. You are responsible for ensuring that scripts, disclosures, and integrations meet your regulatory requirements.

Engagements are custom-scoped to your volume and stack. Fees, minimums, usage-based components (for example, minutes, messages, or seats), setup fees, and any pass-through carrier or platform costs are described in the applicable order form or SOW.

• Unless stated otherwise, fees are billed monthly in advance and usage components are billed in arrears;
• Invoices are due on receipt; overdue amounts accrue interest at the lower of 1.5% per month or the maximum permitted by law;
• Engagements renew monthly unless terminated in accordance with the order form; either party may cancel a month-to-month engagement on at least thirty (30) days’ written notice unless a longer term is specified;
• Fees paid are non-refundable except as expressly stated in the applicable order form.

As between the parties, Comix Flow retains all right, title, and interest in and to its platform, tooling, prompts, models, workflows, templates, methodologies, dashboards, and any improvements, know-how, or generalized learnings (the “Comix Flow IP”). You retain all right, title, and interest in and to your data, brand, content, contact lists, and pre-existing materials (“Client Materials”).

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license during the term to access and use the services and the outputs generated for you. You grant us a limited license to host, process, and use Client Materials solely to provide and improve the services.

Each party may receive confidential information of the other. The receiving party will use the same degree of care it uses to protect its own confidential information (and no less than reasonable care), will not disclose it except to personnel and subprocessors with a need to know who are bound by confidentiality obligations, and will use it only to perform under these Terms. Confidentiality obligations survive termination for three (3) years, and indefinitely for trade secrets.

We will perform the services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY STATED IN AN ORDER FORM, THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Artificial intelligence systems can produce errors, hallucinations, or unexpected outputs and may misclassify or misroute a conversation. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, REVENUE, APPOINTMENT VOLUME, LEAD QUALITY, CLOSE RATE, OR OTHER PERFORMANCE OUTCOMES. Outputs are not legal, medical, financial, or professional advice and should not be relied upon as such.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY CLIENT TO Comix Flow UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to a party’s indemnification obligations or breaches of confidentiality.

You will defend, indemnify, and hold harmless Comix Flow and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, penalties, fines, and reasonable attorneys’ fees arising out of or related to: (a) contacts, calls, texts, or messages made on your behalf without required consent or in violation of the TCPA, TSR, CAN-SPAM, state telemarketing laws, or DNC rules; (b) your Client Materials or contact lists; (c) your products, services, disclosures, or claims; or (d) your breach of these Terms or applicable law. We will defend and indemnify you against third-party claims that the Comix Flow IP, as provided by us and used in accordance with these Terms, infringes a U.S. intellectual property right, subject to standard exclusions.

The services rely on and integrate with third-party providers, including telephony carriers and messaging aggregators (for A2P 10DLC and voice), calendar and scheduling platforms (including Calendly), advertising and analytics platforms (including Meta), CRM and cloud hosting providers, and AI model providers. Your use of those services is subject to their terms and policies, and we are not responsible for their availability, changes, or acts.

We may update the services and these Terms from time to time. Material changes to these Terms will be communicated by updating the “Last updated” date and, where appropriate, through direct notice. Your continued use of the services after the effective date of a change constitutes acceptance of the updated Terms.

These Terms are governed by the laws of [GOVERNING STATE — to be confirmed], without regard to its conflict-of-laws principles. The parties agree to attempt in good faith to resolve any dispute informally before initiating any formal proceeding. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in [GOVERNING VENUE — to be confirmed], and each party consents to personal jurisdiction and venue there. Nothing in this section prevents a party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Questions about these Terms? Contact us at dvir@comix-flow.com.