1. Agreement
These Terms of Service ("Terms") are a binding agreement between AImagineThat ("AImagineThat", "we", "us") and the business or individual that creates an account or uses the Service ("Customer", "you"). By using the website at aimaginethat.com or the CRM application at app.aimaginethat.com (together, the "Service") you accept these Terms and our Privacy Policy. If you accept on behalf of a company you confirm you have authority to bind it. If you have a separately signed Master Services Agreement with us, that agreement prevails where it conflicts with these Terms.
2. Accounts and teams
- You must provide accurate information and keep your credentials confidential. You are responsible for all activity under your account and your team's accounts.
- Workspace administrators control who joins the workspace, what roles they have, and which data is shared. Access ends when a member is removed.
- You must be at least 18 and use the Service for business purposes.
- Notify us promptly at the address in section 17 if you suspect unauthorised access.
3. Plans, billing and renewal
- Plans, user limits and prices are shown on our Offerings page and in your order. Prices are exclusive of taxes unless stated otherwise.
- Subscriptions are billed in advance, monthly or annually, and renew automatically for the same period until cancelled.
- A one-time setup fee applies to new plans as shown on the pricing page.
- Usage-based charges, such as telephony minutes or AI voice calls, are billed in arrears at the rates in your plan.
- Overdue amounts may be subject to suspension after notice. We may change prices with at least 30 days' notice; changes apply from your next renewal.
- You can cancel at any time from billing settings or by writing to us. Cancellation takes effect at the end of the current billing period.
4. Refund policy
- Trial period: where a free trial is offered you are not charged until it ends, and you may cancel before then without charge.
- First 14 days: if you are not satisfied within 14 days of your first paid subscription, contact us and we will refund the subscription fee for that period in full. The setup fee is refundable within the same 14 days only if onboarding work has not started.
- Renewals: renewal fees are non-refundable, except where required by law or where we have materially failed to provide the Service.
- Usage charges already incurred, such as calls placed, are non-refundable.
- Approved refunds are returned to the original payment method within 10 business days.
5. Acceptable use
You agree not to, and not to allow others to:
- send spam, unsolicited bulk messages, or communications that violate anti-spam, telemarketing or do-not-call laws, including CAN-SPAM, TCPA, GDPR ePrivacy rules and TRAI regulations;
- upload or process data you do not have the right to use, including data of individuals who have not been informed as required by law;
- use the Service to harass, defraud, impersonate or deceive anyone, or to make AI voice calls without the disclosures required in the recipient's jurisdiction;
- probe, scan, overload, reverse engineer or interfere with the Service, or access it by automated means other than our documented API;
- resell or white-label the Service without a written agreement;
- violate any applicable law or the terms of a connected provider such as Google or Microsoft.
6. Customer data
- You own the data you and your team store in the Service ("Customer Data"). You grant us a licence to host, process, transmit and display it solely to provide and improve the Service and as permitted by the Privacy Policy.
- You are responsible for the lawfulness of Customer Data, including obtaining any consents needed from your contacts.
- We process personal data in Customer Data as your processor. Our Privacy Policy describes sub-processors, security measures and retention. A data processing addendum is available on request.
- You can export Customer Data at any time using in-app exports or the API. After termination we keep it for up to 90 days for export, then delete it.
7. Connected mailboxes and third-party services
- You may connect your own Gmail, Microsoft 365 / Outlook.com, calendar, telephony or messaging accounts. Each connection is made by an individual user under permissions they grant and may be revoked at any time.
- Emails and messages sent through a connected account are sent under your identity and are your communications. You remain responsible for their content and for compliance with the provider's terms and applicable law.
- Automations you configure, such as follow-up reminders or sending on your behalf, run on your instructions. Review them carefully; we are not responsible for messages sent according to rules you set.
- Third-party services are governed by their own terms. We are not responsible for their availability or changes to their APIs, but will make reasonable efforts to keep integrations working.
8. AI features
The Service includes AI-generated summaries, scores, drafts, recommendations and voice agents. AI output can be inaccurate, incomplete or inappropriate. You must review AI output before relying on it or sending it to a customer, and you are responsible for decisions and communications made with it. AI features are not legal, financial or medical advice. We may set fair-use limits on AI usage to protect the Service.
9. Intellectual property
We and our licensors own the Service, including its software, design, documentation and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. Feedback you give us may be used without restriction. Nothing in these Terms transfers ownership of Customer Data to us.
10. Availability and support
We aim for high availability and will give reasonable notice of planned maintenance. Support is provided by email and in-app during business hours for all plans, with the response targets described in your plan. Service levels, if any, are set out in your order or MSA.
11. Suspension and termination
- You may terminate at any time by cancelling your subscription.
- We may suspend or terminate access if you materially breach these Terms, fail to pay after notice, or if continued use would create legal or security risk. Where practical we will notify you first and give you a chance to remedy.
- On termination your right to use the Service ends. Sections that by their nature should survive, including payment obligations, ownership, disclaimers, liability limits and governing law, continue to apply.
12. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that AI output will be accurate, or that any particular business result will be achieved.
13. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of these Terms. Our total aggregate liability arising out of or relating to the Service will not exceed the fees you paid to us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnity obligations, or liability that cannot be limited by law.
14. Indemnity
You will defend and indemnify AImagineThat against claims arising from Customer Data, your communications sent through the Service, or your breach of section 5 or applicable law. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual property rights, provided you notify us promptly and allow us to control the defence.
15. Governing law
These Terms are governed by the laws of India, without regard to conflict-of-law rules, and the courts of Gurugram, Haryana have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court. If you are contracting under a signed MSA that names a different law or venue, that MSA controls.
16. Changes to these terms
We may update these Terms from time to time. Material changes will be announced in the Service or by email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. The current version is always available at this page.
17. Contact
Questions about these Terms can be sent to neal@aimaginethat.com or to the team at bob@aimaginethat.com.