Terms of Service

Welcome to CRAFTR. These Terms of Service ("Terms") govern your access to and use of our services, including our websites, AI voice agents, custom applications, and related professional services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Services Overview

CRAFTR provides professional technology services to small and medium-sized businesses, including but not limited to:

Custom website design, development, and optimization
AI voice agent development and deployment
Custom application development and integration
Revenue automation solutions
Ongoing maintenance and support services

2. Service Agreements

2.1 Project Scope

Each engagement will be governed by a separate Statement of Work ("SOW") or Service Agreement that outlines specific deliverables, timelines, pricing, and project requirements. These Terms supplement and are incorporated into all SOWs and Service Agreements.

2.2 Client Responsibilities

You agree to:

Provide timely access to necessary information, resources, and personnel
Respond to requests for feedback and approvals within agreed timeframes
Ensure all content and materials provided comply with applicable laws
Maintain secure access credentials for any systems or platforms
Pay all fees according to the agreed payment schedule

2.3 Changes to Scope

Any changes to the agreed scope of work must be documented in writing and may result in adjustments to pricing and timelines. Additional work beyond the original scope will be quoted separately.

3. Payment Terms

3.1 Pricing and Invoicing

All prices are specified in the applicable SOW or Service Agreement. Invoices will be issued according to the payment schedule outlined in your agreement. Payment is due within 15 days of invoice date unless otherwise specified.

3.2 Late Payments

Late payments may incur a fee of 1.5% per month (or the maximum rate permitted by law) on outstanding balances. We reserve the right to suspend services for accounts with overdue payments exceeding 30 days.

3.3 Expenses

Unless otherwise agreed, you are responsible for reimbursing reasonable expenses incurred in delivering services, including third-party licenses, hosting fees, API costs, and other project-specific expenses.

4. Intellectual Property Rights

4.1 Client-Provided Materials

You retain all rights to materials, content, branding, and intellectual property you provide. You grant us a limited license to use these materials solely for the purpose of delivering the agreed services.

4.2 Deliverables

Upon full payment, you receive ownership of custom deliverables created specifically for your project, including custom code, designs, and content. This excludes our proprietary tools, frameworks, and pre-existing intellectual property.

4.3 CRAFTR Property

We retain all rights to our proprietary methodologies, frameworks, tools, templates, and general knowledge. We may reuse general concepts, techniques, and know-how developed during projects for other clients.

4.4 Third-Party Components

Some deliverables may incorporate third-party software, libraries, or services subject to their own licenses. You are responsible for complying with applicable third-party license terms.

5. Confidentiality

5.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the engagement. This obligation continues for three (3) years after the conclusion of services.

5.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available through no breach of these Terms
Was rightfully known prior to disclosure
Is independently developed without use of confidential information
Must be disclosed by law or court order

6. Data Protection and Privacy

6.1 GDPR Compliance

For clients in the European Economic Area, we comply with the General Data Protection Regulation (GDPR). We act as a data processor for client data and implement appropriate technical and organizational measures to protect personal data.

6.2 HIPAA Compliance

For healthcare clients handling protected health information (PHI), we can enter into a Business Associate Agreement (BAA) and implement HIPAA-compliant safeguards. HIPAA compliance requirements must be identified during project planning.

6.3 Security Standards

We implement industry-standard security practices and can work toward SOC 2 compliance requirements for enterprise clients. Specific security requirements should be outlined in your Service Agreement.

6.4 Data Processing

We process client data solely for the purpose of delivering agreed services. We do not sell, share, or use client data for any purpose outside the scope of our engagement without explicit consent.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. For a period of 30 days after delivery, we will correct any defects in deliverables at no additional charge.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.3 Third-Party Services

We are not responsible for the performance, availability, or security of third-party services, platforms, APIs, or infrastructure that may be integrated into your solution.

8. Limitation of Liability

8.1 Liability Cap

Our total liability for any claims arising from or related to services shall not exceed the total fees paid by you for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

8.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Exceptions

Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or violations of applicable law that cannot be contractually limited.

9. Termination

9.1 Termination for Convenience

Either party may terminate a Service Agreement with 30 days' written notice. You remain responsible for payment of all work completed and expenses incurred up to the termination date.

9.2 Termination for Cause

Either party may terminate immediately if the other party: (a) materially breaches these Terms and fails to cure within 15 days of written notice, (b) becomes insolvent or subject to bankruptcy proceedings, or (c) ceases business operations.

9.3 Effect of Termination

Upon termination, we will deliver all completed work to date. You must pay for all services rendered and expenses incurred through the termination date. Provisions that by their nature should survive (including confidentiality, intellectual property, and limitation of liability) will continue after termination.

10. Indemnification

You agree to indemnify and hold harmless CRAFTR from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your use of deliverables, (b) your breach of these Terms, (c) your violation of applicable laws, or (d) any content or materials you provide that infringe third-party rights.

11. Service Level and Support

11.1 Availability

For hosted or managed services, we strive for high availability but do not guarantee uninterrupted access. Specific uptime commitments, if any, will be outlined in your Service Agreement.

11.2 Support

Support terms, including response times and coverage hours, are specified in your Service Agreement. Emergency support outside normal business hours may incur additional charges.

11.3 Maintenance

Ongoing maintenance and updates are not included unless specifically outlined in your Service Agreement. We recommend maintenance agreements to ensure optimal performance and security.

12. Compliance and Legal Requirements

12.1 Client Compliance

You are responsible for ensuring your use of our services complies with all applicable laws, regulations, and industry standards relevant to your business and jurisdiction.

12.2 Regulatory Requirements

If your project is subject to specific regulatory requirements (HIPAA, GDPR, PCI DSS, etc.), you must identify these requirements during project planning so we can implement appropriate safeguards.

12.3 Export Control

Services and deliverables may be subject to U.S. export control laws. You agree not to export or re-export any deliverables in violation of such laws.

13. Dispute Resolution

13.1 Good Faith Negotiation

In the event of any dispute, the parties agree to first attempt resolution through good faith negotiations.

13.2 Mediation

If negotiations fail, disputes shall be submitted to mediation before a mutually agreed mediator before pursuing litigation.

13.3 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

14. General Provisions

14.1 Entire Agreement

These Terms, together with any applicable SOW or Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

14.2 Amendments

We may update these Terms from time to time. Material changes will be communicated with 30 days' notice. Continued use of services after changes take effect constitutes acceptance.

14.3 Assignment

You may not assign your rights or obligations without our written consent. We may assign to affiliates or in connection with a merger, acquisition, or sale of assets.

14.4 Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect.

14.5 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.6 Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

15. Contact Information

For questions about these Terms, please contact us at:

CRAFTR, Inc.
Email: legal@craftr.co.uk
Address: [Your Business Address]

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.