Terms of Service

1 Eligibility

You must be at least 18 years old and have the legal authority to accept these Terms on behalf of yourself or the business you represent. By using our Services, you represent and warrant that you meet these requirements.

2 Accounts & Security

You agree to provide accurate, current and complete information when engaging with us. You are responsible for maintaining the confidentiality of any credentials or access granted in connection with your services engagement, and for notifying us immediately of any unauthorised access. You are responsible for all activity conducted under your account or engagement.

3 Third-Party Integrations

As part of the Cold Smoke Engine™, we may connect and configure third-party platforms on your behalf, including but not limited to CRM systems, voice AI providers, workflow automation tools, and advertising platforms.

You represent and warrant that you:

• Are the authorised owner of, or have been granted sufficient access to, every platform, account or business asset you ask us to connect or operate;
• Have authority to grant ColdSmoke AI the permissions required to perform the agreed services;
• Will not request that ColdSmoke AI perform any action that violates applicable platform policies, advertising laws or third-party rights.

We act as a service provider operating within the scope of your instruction. You remain responsible for your own accounts and compliance with the terms of any third-party platform.

4 Licence & Intellectual Property

We grant you a limited, non-exclusive, non-transferable licence to access and use any deliverables we produce for you solely for your internal business purposes in accordance with these Terms.

All intellectual property in our proprietary methodologies, systems, tools, software, and the Cold Smoke Engine™ framework remains exclusively ours or our licensors'. Nothing in these Terms transfers ownership of any ColdSmoke AI intellectual property to you.

Custom deliverables created specifically for your business (e.g., ad copy, workflow configurations, chatbot scripts) are licensed to you for your use upon full payment of applicable fees.

5 User Content & Sub-processors

You retain ownership of content, data and materials you provide to us. You grant us a worldwide, royalty-free licence to use, host, display and process such content solely to provide the Services.

5.1 Third-Party Service Providers

To deliver the Services, we utilise the following sub-processors who may access your data in accordance with our Privacy Policy:

6 Prohibited Conduct

You agree not to:

• Reverse-engineer, decompile or disassemble any part of our Services or proprietary systems;
• Attempt to access credentials, tokens or configurations belonging to another client;
• Interfere with or disrupt our Services, servers or networks;
• Use the Services in violation of any applicable law, regulation, platform policy or third-party right;
• Engage in any fraudulent, deceptive or harmful activity in connection with our Services;
• Resell, sublicense or otherwise transfer access to our Services to third parties without our prior written consent.

7 Fees & Payment

Service fees are set forth in your signed engagement agreement or proposal. Unless otherwise stated, fees are billed in advance and are non-refundable except as required by law or expressly stated in writing.

Late or failed payments may result in suspension of active services. We reserve the right to charge interest on overdue amounts at the maximum rate permitted by applicable law.

8 Termination

Either party may terminate an engagement in accordance with the terms of the applicable service agreement. We may suspend or terminate access to the Services immediately for material breach of these Terms or applicable law.

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination — including licences granted to you, disclaimers, limitations of liability, and indemnification obligations — will continue to apply.

9 Disclaimer

Results described on our website (e.g., lead volume increases, cost reductions) represent typical outcomes from our engagements and are not guaranteed for every client.

10 Limitation of Liability

11 Indemnification

You will indemnify, defend and hold harmless ColdSmoke AI and its officers, employees and agents from any claim, demand, loss or damage (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms;
• Your misuse of the Services;
• Your violation of any applicable law, regulation or third-party right;
• Any content or data you provide to us in connection with the Services.

12 Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Montana, USA, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Montana, and you irrevocably consent to the personal jurisdiction of such courts.

Before initiating formal proceedings, both parties agree to attempt to resolve disputes informally by contacting the other party in writing and allowing 30 days to respond.

13 Changes to Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days before they take effect via email or notice on our website. Continued use of our Services after the effective date constitutes your acceptance of the updated Terms.

14 Contact

Questions about these Terms? Reach out to us:

See also our Privacy Policy for information on how we collect and process your data.