TERMS OF SERVICE
Crystalytics
Effective Date: May 15, 2026 | Last Updated: May 15, 2026
www.crystalyticsai.com | [email protected]
Please read these Terms of Service carefully before using any services provided by Crystalytics ("Company," "we," "us," or "our"), a sole proprietorship operating under the laws of the State of New York. By signing a service agreement, making a payment, or using our services, you agree to be bound by these Terms.
SECTION 1 — DEFINITIONS
For the purposes of this agreement, the following terms have the meanings defined below:
"Company," "we," "us," or "our" means Crystalytics, a sole proprietorship based in New York.
"Client" or "you" means Any individual, business, or entity that purchases or uses our services.
"Services" means AI voice agents, AI chatbots, marketing automation systems, and related digital marketing services provided by Crystalytics.
"AI Systems" means The artificial intelligence-powered voice and chat systems we build, configure, and deploy on your behalf.
"Platform(s)" means Third-party platforms including but not limited to GoHighLevel, Twilio, OpenAI, and other integrated tools used to deliver our services.
"Training Data" means Any text, audio, scripts, business information, customer data, or other materials you provide to us for AI training or configuration.
"Fees" means The monthly recurring fee and any applicable setup fees for our services.
SECTION 2 — SERVICES
2.1 What We Provide
Crystalytics provides the following services to local businesses:
Custom AI voice agents that answer inbound calls, respond to inquiries, and book appointments
AI chatbots for website and messaging platform integration
Marketing automation systems including follow-up sequences, appointment reminders, and lead nurturing
Setup, configuration, training, and ongoing management of AI systems
Integration with third-party platforms as agreed upon in your service plan
2.2 AI-Specific Limitations
You acknowledge and agree that:
AI Systems may occasionally produce inaccurate, incomplete, or unexpected responses. We do not guarantee that AI Systems will be error-free at all times.
AI Systems are tools to assist your business and are not a substitute for human judgment in complex or sensitive situations.
The performance of AI Systems depends in part on the quality and accuracy of Training Data you provide.
AI technology is continuously evolving. We reserve the right to update, modify, or retrain AI Systems to improve performance, provided such changes do not materially reduce the core functionality of the service.
We are not responsible for outcomes resulting from AI System responses that fall outside the scope of your configured use case.
2.3 Service Customization
Services will be customized based on the details provided during your onboarding. It is your responsibility to ensure the information you provide is accurate, up to date, and compliant with applicable laws.
SECTION 3 — PAYMENT TERMS
3.1 Fees
Our fees consist of:
Setup Fee: A one-time fee charged prior to the commencement of setup work. Setup fees are non-refundable once work has begun.
Monthly Recurring Fee: A recurring fee billed monthly in advance for ongoing access to and management of your AI Systems. The monthly fee amount is specified in your service agreement.
3.2 Billing and Payment
Monthly fees are billed on the same calendar date each month, beginning on the date your service goes live.
Payment is due within 5 business days of the invoice date.
We accept payment via credit card, bank transfer, or other methods specified at the time of purchase.
Invoices not paid within 10 business days may result in suspension of services.
3.3 Price Changes
We reserve the right to change our pricing with 30 days written notice. Your continued use of the services after the notice period constitutes acceptance of the new pricing.
3.4 Refund Policy
Setup fees are non-refundable once setup work has commenced.
Monthly fees are non-refundable for the current billing period.
If you cancel mid-month, your service will remain active through the end of the paid billing period. No partial refunds will be issued.
Refunds may be considered at our sole discretion in the case of a material failure on our part to deliver the agreed services.
SECTION 4 — CLIENT RESPONSIBILITIES
4.1 Training Data
You are solely responsible for:
Ensuring that all Training Data you provide is accurate, lawful, and does not infringe on any third-party rights
Obtaining all necessary consents and permissions for any customer data included in Training Data
Notifying us promptly of any changes to your business information, services, pricing, or policies that require updates to your AI Systems
Reviewing and approving AI System responses before going live
4.2 Lawful Use
You agree to use our services only for lawful purposes. You may not use our AI Systems to:
Engage in deceptive, fraudulent, or misleading communications
Violate any federal, state, or local laws or regulations
Contact individuals who have opted out of communications or who are on Do Not Call registries
Collect or process personal data in violation of applicable privacy laws
4.3 Account Security
You are responsible for maintaining the confidentiality of any login credentials for platforms connected to your AI Systems. Notify us immediately of any unauthorized access or security breach.
SECTION 5 — INTELLECTUAL PROPERTY
5.1 Our Intellectual Property
Crystalytics retains all intellectual property rights in the AI Systems, workflows, automation configurations, proprietary processes, and methodologies we develop. You receive a limited, non-exclusive, non-transferable license to use the AI Systems solely for your business operations during the term of your service agreement.
5.2 Your Content
You retain ownership of your Training Data and business content. By providing Training Data to us, you grant Crystalytics a limited license to use that data solely for the purpose of configuring and improving your AI Systems.
5.3 No Transfer of Ownership
Nothing in this agreement transfers ownership of any AI System, software, or underlying technology to you. Upon termination of services, your license to use the AI Systems ends immediately.
SECTION 6 — DATA PRIVACY AND SECURITY
6.1 Data We Collect
In providing our services, we may collect and process business information, call recordings, chat transcripts, and customer contact data on your behalf. We handle this data in accordance with our Privacy Policy, available at www.crystalyticsai.com/privacy.
6.2 Your Obligations
You are responsible for ensuring that your use of our services complies with all applicable privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and any applicable state privacy regulations. You must maintain a compliant privacy policy on your own website disclosing your use of AI communication tools.
6.3 Data Security
We implement reasonable technical and organizational measures to protect data processed through our systems. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
6.4 Call Recording Disclosure
If your AI System records calls, you are solely responsible for complying with all applicable call recording consent laws, including New York's one-party consent law and any applicable two-party consent requirements in other states where your customers are located. You must ensure all required disclosures and consents are obtained.
SECTION 7 — TELEPHONE AND COMMUNICATION COMPLIANCE
You acknowledge and agree that:
You are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule (TSR), and all applicable federal and state communication laws.
You must obtain all required prior express written consent before initiating any automated calls or text messages to your customers through our systems.
You will maintain and honor Do Not Call lists and opt-out requests in accordance with applicable law.
Crystalytics is not liable for any TCPA violations, regulatory fines, or legal claims arising from your use of our AI Systems in a manner that violates applicable communication laws.
We strongly recommend consulting with a qualified attorney regarding your specific compliance obligations before deploying AI voice or messaging systems.
SECTION 8 — SERVICE LEVEL AND UPTIME
8.1 Uptime Target
We target 99% uptime for our AI Systems, excluding scheduled maintenance and circumstances beyond our control. We will notify you in advance of any planned maintenance that may affect service availability.
8.2 Third-Party Dependencies
Our services depend on third-party platforms including GoHighLevel, Twilio, OpenAI, and others. We are not responsible for downtime, outages, or service degradation caused by these third-party providers. We will make reasonable efforts to notify you of known issues and work toward resolution.
8.3 Support
We provide support via email at [email protected]. We aim to respond to support inquiries within 1-2 business days. Emergency support response times may vary.
SECTION 9 — THIRD-PARTY INTEGRATIONS
Our services integrate with third-party platforms including but not limited to GoHighLevel, Twilio, and OpenAI. You acknowledge that:
Your use of these platforms is subject to their respective terms of service and privacy policies
We are not responsible for changes, outages, or discontinuation of third-party services
Additional costs imposed by third-party platforms (such as usage-based charges for calls or SMS) may be passed through to you as outlined in your service agreement
We will make reasonable efforts to notify you of material changes to third-party integrations that may affect your services
SECTION 10 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Crystalytics' total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you in the three (3) months immediately preceding the event giving rise to the claim.
Crystalytics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
We are not liable for damages resulting from AI System errors, misunderstandings, or responses that are outside the scope of configured use cases.
We are not liable for any regulatory fines, penalties, or legal costs arising from your failure to comply with applicable laws in connection with your use of our services.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
SECTION 11 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Crystalytics and its owner, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:
Your use of our services in violation of these Terms
Your violation of any applicable law or regulation, including communication and privacy laws
Your Training Data or business content, including any claim that it infringes a third party's rights
Any unauthorized use of your account or AI Systems
Any claims by your customers arising from interactions with your AI Systems
SECTION 12 — TERM AND TERMINATION
12.1 Term
This agreement begins on the date you first use our services or sign a service agreement and continues on a month-to-month basis unless terminated as described below.
12.2 Termination by You
You may cancel your services at any time by providing written notice to [email protected] at least 14 days before your next billing date. Your service will remain active through the end of the current paid billing period.
12.3 Termination by Us
We reserve the right to suspend or terminate your services immediately, with or without notice, if:
You fail to pay any fees when due
You violate any provision of these Terms
Your use of our services creates legal risk or reputational harm to Crystalytics
We determine in our sole discretion that continuing the relationship is not feasible
12.4 Effect of Termination
Upon termination, your license to use the AI Systems ends immediately. We will disable your AI Systems and may delete your Training Data and configurations within 30 days of termination. It is your responsibility to retain copies of any data you need before termination.
SECTION 13 — DISPUTE RESOLUTION
13.1 Informal Resolution
Before initiating any formal dispute process, you agree to contact us at [email protected] and give us 30 days to attempt to resolve the dispute informally.
13.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in New York, New York. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis only. You waive the right to participate in any class action lawsuit or class-wide arbitration.
13.4 Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
13.5 Exceptions
Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm, without waiving the right to arbitration for other claims.
SECTION 14 — GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Crystalytics regarding our services and supersede all prior agreements or understandings.
14.2 Modifications
We may update these Terms from time to time. We will notify you of material changes by email or by posting an updated version at www.crystalyticsai.com/terms. Your continued use of our services after the effective date of changes constitutes acceptance.
14.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
14.4 No Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
14.5 Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
14.6 Force Majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, third-party platform failures, or government actions.
CONTACT INFORMATION
For questions about these Terms of Service, please contact us at:
Company: Crystalytics
State of Operation: New York State
Website: www.crystalyticsai.com
Email: [email protected]
IMPORTANT NOTICE: This Terms of Service document was prepared as a working draft. Crystalytics strongly recommends having this document reviewed by a licensed attorney in New York before presenting it to clients or using it in a commercial context. Laws vary by jurisdiction, and legal review ensures your agreement is fully enforceable and compliant with applicable regulations.