These Terms of Service (“Terms”) govern all Services provided by Predictive Sales AI, LLC (“PSAI”), regardless of the form of agreement through which Services were purchased, including proposals, budget authorizations, online signups, and Order Forms. By using the Services, making payment, executing an Order Form, approving a proposal or budget authorization, or completing an online signup, Customer agrees to be bound by these Terms.
Existing customers will be notified of these Terms in accordance with the Right to Modify Services section. Continued use of the Services or submission of payment following that notice constitutes acceptance. These Terms supersede any conflicting terms appearing on a proposal, budget authorization, or other prior agreement document. In the event of a conflict between these Terms and an Order Form, the Order Form will control with respect to the specific engagement it governs.
“Order Form” as used throughout these Terms means any proposal, budget authorization, online signup, or executed order form through which Customer has purchased or is purchasing Services from PSAI.
PSAI provides remote access to its technology sales automation software, Predictive Sales AI, and related professional services (collectively, the “Services”). The specific Services provided to each customer are described in the applicable Order Form.
Customer may access and use the Services in accordance with PSAI’s policies posted at www.predictivesalesai.com/terms, as such policies may be updated from time to time. PSAI retains all right, title, and interest in and to the Services, including without limitation all software used to provide the Services and all logos and trademarks reproduced through the Services. These Terms do not grant Customer any intellectual property rights in the Services or any of their components.
PSAI will provide Customer with one Customer ID per account, permitting access to the Services through the applicable platform. Customer agrees to provide complete and accurate information when setting up an account and to keep such information current.
Customer agrees (a) not to share Customer IDs with any third party, including contractors, vendors, consultants, or agencies not directly employed by Customer, (b) to use the Services solely for Customer's internal business purposes, and (c) to ensure that all individuals permitted to use the Customer IDs are aware of and have agreed in writing to comply with these Terms.
Customer is responsible for all activity that occurs under its Customer ID. Any unauthorized use of a Customer ID should be reported to PSAI immediately.
These Terms commence on the date Customer first accepts them or executes an Order Form, whichever is earlier (“Effective Date”), and remain in effect until terminated in accordance with this section.
Software Subscriptions.
Subscription-based Services renew automatically at the end of each billing period unless Customer cancels prior to the renewal date in accordance with the Cancellation section of these Terms. PSAI may terminate a subscription for cause, including non-payment or material breach, upon written notice to Customer.
Professional Services & Website Engagements.
Where Customer has entered into an Order Form for professional services, website development, or related project-based work, the term for those Services is set forth in the applicable Order Form. Either party may terminate such Services at the end of the then-current term by providing sixty (60) days prior written notice of cancellation. Termination of professional services does not automatically terminate any active software subscription held by the same Customer.
Effect of Termination.
Upon termination of any Services, Customer’s right to access and use those Services ceases. Provisions of these Terms that by their nature should survive termination — including payment obligations, IP ownership, data license, indemnification, limitation of liability, and dispute resolution — will survive.
PSAI reserves the right to change any information, features, or functionality of the Services. PSAI will provide Customer with thirty (30) days prior written notice of any material changes to the Services. Non-material changes, such as routine updates, bug fixes, and minor interface adjustments, may be made at any time without prior notice.
Customer agrees to pay all fees associated with the Services as described in the applicable Order Form. Customer will provide PSAI with a valid and current payment method, including credit card or direct debit authorization (“Payment Method”), and authorizes PSAI to charge such Payment Method according to the applicable payment schedule.
Customer is responsible for providing complete and accurate billing information and for notifying PSAI promptly of any changes to such information. All fees are due on the date specified in the applicable Order Form.
Any payment not received within thirty (30) calendar days of its due date will be subject to a late fee equal to five percent (5%) of the overdue amount. Late fees accrue monthly on any outstanding balance until paid in full. In addition to any other remedies available to PSAI, delinquency may result in suspension or termination of Customer’s access to the Services.
All payments made to PSAI are non-refundable. Refunds or credits for partially used billing periods, unused Services, or early termination of a subscription or engagement are not available except at PSAI’s discretion.
Customer acknowledges that fees paid for professional services, website development, or other project-based work are earned by PSAI upon performance and are not subject to refund upon cancellation or termination except at PSAI’s discretion.
Software Subscriptions.
Customer may cancel a software subscription at any time by submitting a written cancellation request to finance@predictivesalesai.com prior to the end of the then-current billing period. No cancellation fee applies. Following cancellation, Customer will retain access to the Services through the end of the current billing period. Customer will not be charged for any subsequent billing period after cancellation is confirmed by PSAI.
Professional Services & Website Engagements.
Cancellation of professional services or website engagements is subject to the sixty (60) day written notice requirement set forth in the Term & Termination section of these Terms. Fees incurred or committed prior to the effective date of cancellation remain due and payable.
PSAI makes web-based support available to all software subscription customers through the Predictive Sales AI platform. Additional support services, including dedicated support, onboarding assistance, and accelerated response times, may be available depending on Customer’s subscription tier as described in the applicable Order Form.
PSAI does not guarantee specific response times under these Terms. Support availability, scope, and response commitments applicable to Customer’s subscription tier are set forth in the applicable Order Form.
By enabling text notifications in their account settings, Customer consents to receive SMS messages from PSAI, which may include account alerts, new lead information, promotional content, or other informational material. The SMS service is delivered via automated technology to the mobile number provided by Customer and is not a prerequisite for purchasing any goods or services. Standard message and data rates may apply.
The SMS service is offered on an as-is basis and its availability may vary by location and is subject to change due to product, software, coverage, or carrier modifications. Customers must have a two-way messaging capable mobile device, use a compatible wireless carrier, and maintain an active text messaging service subscription. Customers affirm they are 18 years of age or older and authorized to enroll their mobile number in the SMS program. Customer is responsible for any message or data charges incurred.
Customer may opt out of SMS communications at any time by texting STOP to the sending number or by adjusting their account settings. The SMS service is governed by PSAI’s Privacy Policy, which outlines data collection and usage practices.
Customer agrees to release PSAI, its SMS vendors, and associated parties from liability for any claims, damages, or losses incurred in connection with the SMS service. PSAI and associated parties are not liable for service-related issues arising from technical malfunctions, network congestion, device compatibility, or other operational problems.
Customer acknowledges and agrees that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content or information presented to Customer through the Services may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Except where expressly provided otherwise by PSAI, nothing in the Services or these Terms shall be construed to confer any license to any of PSAI’s intellectual property rights, whether by estoppel, implication, or otherwise. Any names, trademarks, service marks, logos, and product and service names associated with Predictive Sales AI are marks of Predictive Sales AI, LLC. Customer agrees not to display or use PSAI’s marks, or the marks of any third-party vendor, in any manner without the owner’s express prior written consent.
Each party will establish and maintain safeguards to protect Confidential Information consistent with applicable industry standards.
Customer retains ownership of information collected about Customer or Customer’s clients contained in PSAI’s databases. Customer grants PSAI a perpetual, irrevocable license to Customer data contained within its databases, including content, contacts, metadata, graphic media, HTML data, source code, and the like.
PSAI may use and share with third parties de-identified, aggregate customer information to show general demographic and preference information or for other purposes. This license extends to use of data for marketing on behalf of Customer, data science, and analytical purposes. At the time of any merger or sale of PSAI, this license will extend to the subsequent owner or operator. Customer’s continued use of the Services signifies Customer’s agreement to be bound by the Terms of Service, Privacy Policy, and other applicable agreements of PSAI’s subsequent owner or operator.
Some Services may require Customer to provide PSAI access to accounts or services held with third-party providers, such as Facebook or Google Business Profile. By providing such access, Customer authorizes PSAI to act as its agent and to make additions or changes necessary for the performance of the Services. PSAI shall not be liable for any damages that result from marketing or advertising activities PSAI is not expressly contracted to perform, including changes made to any activities originally performed by PSAI.
PSAI may arrange, or facilitate Customer arranging, access to third-party services used in connection with the Services (“Third-Party Services”). Customer is responsible for all costs, fees, and expenses associated with Third-Party Services. PSAI does not endorse and is not responsible or liable for any aspect of Third-Party Services, including how they manage or process data. PSAI is not liable for any damage or loss caused by Customer’s use of or access to Third-Party Services.
By enabling any Third-Party Services, Customer expressly permits PSAI to disclose Customer’s login credentials and data to facilitate use of those services.
Once Customer has met the obligation of payment for twelve (12) consecutive months of website and related professional services, Customer owns a copy of the website’s content and HTML site files, excluding stock imagery licensed by PSAI or otherwise owned by a third party.
If an applicable Order Form is terminated prior to PSAI receiving twelve (12) months of the aforementioned payments, the website content and HTML site files remain the property of PSAI. Upon termination of the applicable Services, Customer is responsible for ensuring HTML site files are compatible with any new provider’s platform.
PSAI represents and warrants that, during the term of these Terms, the Services will perform materially as described. Except for the express warranties set forth in these Terms, PSAI makes no warranties, either express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. The data and any related materials utilized to provide the Services are provided “as is” without warranty of any kind, either express or implied. The entire risk of use of the data shall be with Customer.
In the event of a breach of warranty, PSAI shall repair the software or reperform the Services in question at its own expense. This remedy, in conjunction with Customer’s right to terminate for breach where applicable, constitutes Customer’s sole remedy and PSAI’s entire liability for breach of warranty.
Each party shall defend and indemnify the other party against any third-party claim, suit, or proceeding arising out of, related to, or alleging (i) unauthorized disclosure or exposure of personally identifiable information resulting from that party’s acts or omissions or those of its contractors, or (ii) intellectual property infringement by software or content contributed to the system by the indemnifying party.
PSAI and its officers shall not be liable for any damages caused by delay in performance arising from any cause beyond PSAI’s reasonable control. PSAI shall not be liable for any direct, indirect, special, punitive, or consequential damages resulting in any way from Customer’s use of or inability to use the Services, reliance on the Services, or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, government action, labor disputes, power outages, or failures of third-party infrastructure. The affected party shall provide prompt written notice to the other party and shall use commercially reasonable efforts to resume performance as soon as practicable.
The parties shall negotiate in good faith and use reasonable efforts to resolve any dispute, controversy, or claim arising from or related to these Terms or any breach thereof. A party must submit written notice to the other party describing the dispute, and any dispute that cannot be resolved within thirty (30) calendar days of receipt of such notice will be submitted to an arbitrator selected by mutual agreement of the parties. Arbitration will be conducted in accordance with the rules of the American Arbitration Association. The arbitrator’s written decision will be final and binding upon both parties.
Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any arbitration conducted pursuant to these Terms shall take place in Florida.
Assignment.
These Terms may not be assigned by Customer without the prior written consent of PSAI. PSAI may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets without Customer’s consent.
Notices.
All legal notices required under these Terms must be delivered in writing. Notices to PSAI should be sent to legal@predictivesalesai.com or to PSAI’s principal place of business as listed on the applicable Order Form. Notices to Customer will be sent to the email or mailing address on file with PSAI. Notices are effective upon confirmed delivery.
Entire Agreement.
These Terms, together with any applicable Order Form, constitute the entire agreement between the parties with respect to the Services and supersede all prior agreements, representations, and understandings. In the event of a conflict between these Terms and an Order Form, the Order Form will control with respect to the specific engagement it governs.
Severability.
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Waiver.
Failure by either party to enforce any provision of these Terms will not constitute a waiver of that party’s right to enforce such provision or any other provision in the future.