Terms of Service

1. Services Overview

Power Admin AI provides AI-powered automation services for businesses, including but not limited to:

• Voice AI (automated phone answering and call handling)
• Email automation (AI-assisted email response and management)
• SMS automation (AI-assisted text message handling)
• Document processing (automated document intake and routing)
• CRM integration (connecting AI services to your customer relationship management systems)

We refer to these collectively as the "Services."

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into these Terms on behalf of yourself or the organization you represent
• Provide accurate and complete information when creating an account or requesting Services
• Not be prohibited from using the Services under applicable law

3. Account Registration and Security

When you create an account or engage our Services:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Your Responsibilities

Accurate Information: You agree to provide accurate, current, and complete information about your business and requirements.

Authorized Access: You agree to only provide us access to systems, accounts, and data that you have the legal right to share. This includes CRM systems, email accounts, phone systems, and any other integrated services.

Compliance: You agree to use our Services in compliance with all applicable laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• State and federal privacy laws
• Professional conduct rules applicable to your industry
• Client confidentiality obligations

Human Oversight: You acknowledge that AI systems require human oversight. You are responsible for:

• Reviewing and approving AI-generated communications before they are sent (during draft mode)
• Monitoring AI performance and accuracy
• Configuring appropriate escalation rules
• Ensuring AI responses meet your professional and ethical standards

Data Accuracy: You are responsible for ensuring the accuracy of data in your CRM and other systems that our Services access. We are not responsible for errors resulting from inaccurate source data.

5. Acceptable Use

You agree NOT to use our Services to:

• Send spam, unsolicited communications, or communications that violate applicable law
• Harass, threaten, or defraud any person
• Transmit malware, viruses, or harmful code
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Violate any applicable law or regulation
• Infringe on the intellectual property rights of others
• Process data that you do not have the right to process
• Misrepresent your identity or affiliation

We reserve the right to suspend or terminate your access if we determine, in our sole discretion, that you have violated these acceptable use provisions.

6. AI Services Disclaimer

No Guarantee of Accuracy: Our AI Services are designed to assist with routine communications and tasks. However, AI systems are not infallible. We do not guarantee that AI-generated responses will be accurate, complete, appropriate, or error-free in all circumstances.

Not a Substitute for Professional Judgment: Our Services are tools to assist your business operations. They are not a substitute for professional judgment, legal advice, or human decision-making. You remain responsible for all communications sent to your clients, whether AI-assisted or not.

Continuous Improvement: AI systems learn and improve over time, but they may occasionally produce unexpected or suboptimal results. You are responsible for monitoring AI performance and providing corrections as needed.

Configuration Matters: The performance of our AI Services depends significantly on proper configuration, clear instructions, and accurate source data. We work with you to optimize configuration, but results may vary based on these factors.

7. Fees and Payment

Payment Method Required: To use our Services, you must provide and maintain a valid payment method on file (credit card or bank account for ACH). By providing a payment method, you authorize us to charge the applicable fees automatically.

Billing Cycle: Billing is automated. Your billing cycle begins on the anniversary of your service start date, following any applicable free trial period. Fees are billed in advance for the upcoming service period.

Contract Terms: Service agreements are available in the following terms:

• Month-to-month (no long-term commitment)
• Annual (12 months)
• Multi-year (up to 36 months)

Longer-term commitments may be exchanged for reduced or waived custom integration and programming costs, in lieu of paying those costs upfront. The specific trade-off will be outlined in your service agreement.

Custom Programming: If you request custom integrations, API development, or programming work beyond standard setup, our rate is $135.00 USD per hour. Custom work will be quoted in advance and requires your approval before we begin.

Annual Rate Adjustment (CPI): Monthly service rates are reviewed every twelve (12) months from your service start date and adjusted to reflect changes in the Consumer Price Index (CPI).

• Adjustments take effect on your 13th month of service and on each subsequent anniversary
• The adjustment percentage will match the CPI change over the preceding 12-month period
• This adjustment occurs once per year, regardless of your contract term
• We will notify you of any rate adjustment at least 30 days in advance
• This provision applies to all agreements, including month-to-month subscriptions

Example: If your monthly rate is $1,000 and CPI increased 4% over the past year, your rate on month 13 would adjust to $1,040.

Payment Terms: Unless otherwise specified in your service agreement:

• Fees are billed monthly in advance via your payment method on file
• Failed payments will be retried; continued failure may result in service suspension
• Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
• We may suspend Services for accounts with unpaid balances exceeding 30 days

Refunds: Our refund policy is as follows:

• Setup deposits are fully refundable if we fail to deliver a working system within 30 days of receiving your credentials and configuration information
• Monthly fees are generally non-refundable, but we may provide pro-rated credits at our discretion for service failures attributable to us
• Custom programming fees are non-refundable once work has commenced

Taxes: You are responsible for all applicable taxes, except for taxes based on our net income.

8. Confidentiality

Your Confidential Information: We treat all information you provide to us, including but not limited to client data, business processes, and communications, as confidential. We will:

• Use your confidential information only to provide the Services
• Not disclose your confidential information to third parties except as necessary to provide the Services or as required by law
• Implement appropriate security measures to protect your confidential information
• Return or destroy your confidential information upon termination of Services, upon your request

Our Confidential Information: Our pricing, technical processes, and proprietary methods are confidential. You agree not to disclose this information to third parties.

Exceptions: Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known before disclosure
• Is independently developed without use of confidential information
• Is disclosed pursuant to a court order or legal requirement (with notice to the other party where permitted)

9. Data Processing and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Ownership: You retain ownership of all data you provide to us or that we process on your behalf. We do not claim ownership of your client data, communications, or business information.

Data Processing: We process your data solely to provide the Services. We do not sell your data. We do not share your data with third parties for their marketing purposes.

Use of AI/LLM Providers: Our Services utilize third-party AI providers (such as Anthropic and OpenAI) to process natural language and generate responses. By using our Services, you acknowledge that:

• Your data may be transmitted to these AI providers for processing
• We use API configurations that prevent your data from being used to train AI models, where such options are available
• AI providers process data solely to generate responses and do not retain it for their own purposes
• All data transmission to AI providers occurs over encrypted connections

Data Security: We maintain robust security measures including:

• Encryption of all data in transit (TLS 1.2+) and at rest (AES-256)
• Two-factor authentication for administrative access
• No transmission of sensitive data over unencrypted channels
• Role-based access controls and audit logging
• Regular security assessments

Data Retention: We retain your data for the duration of our service relationship and for a reasonable period thereafter, as described in our Privacy Policy.

10. Intellectual Property

Our Intellectual Property: The Services, including all software, algorithms, interfaces, documentation, and content we provide, are owned by us or our licensors. These Terms do not grant you any ownership rights in our intellectual property.

Limited License: We grant you a limited, non-exclusive, non-transferable license to use the Services during the term of your subscription, solely for your internal business purposes.

Your Content: You retain all rights to the content, data, and communications you provide through the Services. You grant us a limited license to use this content solely to provide the Services to you.

Feedback: If you provide us with suggestions, feedback, or ideas for improvements, you grant us the right to use this feedback without obligation to you.

11. Disclaimers

AS-IS BASIS: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NO GUARANTEE: WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

YOUR RESPONSIBILITY: YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR REVIEWING AI-GENERATED COMMUNICATIONS BEFORE THEY ARE SENT AND FOR ENSURING THEY MEET YOUR PROFESSIONAL STANDARDS.

12. Limitation of Liability

EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON LIABILITY: OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

EXCEPTIONS: THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

BASIS OF BARGAIN: YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

13. Indemnification

You agree to indemnify, defend, and hold harmless Navicore Services, Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any communications sent through the Services on your behalf
• Any data you provide to us that you did not have the right to share

14. Term and Termination

Term: These Terms are effective when you first access the Services and continue until terminated.

Termination by You: You may terminate your use of the Services at any time by providing written notice. Termination does not relieve you of obligation to pay any outstanding fees.

Termination by Us: We may terminate or suspend your access to the Services immediately, without prior notice, if:

• You breach these Terms
• You fail to pay fees when due
• We are required to do so by law
• We discontinue the Services

Effect of Termination: Upon termination:

• Your right to use the Services immediately ceases
• We will provide you with a reasonable opportunity to retrieve your data (typically 30 days)
• Provisions that by their nature should survive termination will survive, including confidentiality, limitation of liability, and indemnification

15. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

Informal Resolution: Before initiating formal proceedings, you agree to contact us through our contact form to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.

Jurisdiction: If informal resolution is unsuccessful, any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Florida, and you consent to the jurisdiction of such courts.

Waiver of Jury Trial: TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

Limitation Period: Any claim arising out of or related to these Terms must be brought within one (1) year after the cause of action arises, or it is permanently barred.

16. Modifications to Terms

We may modify these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date at the top of this page
• We will notify you by email or through the Services
• Changes will take effect 30 days after notice, unless you terminate your use of the Services

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

17. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that may negatively affect your use of the Services.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and us regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

No Agency: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.

Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.

Notices: We may provide notices to you through the Services, by email to the address associated with your account, or by posting on our website. You may provide notices to us through our contact form.

Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

19. Contact Information

If you have questions about these Terms, please contact us through our contact form.

We do not publish an email address for legal inquiries to ensure proper handling. All inquiries submitted through our contact form are reviewed and responded to within 5 business days.

Mailing Address:

Navicore Services, Inc.
d/b/a Power Admin Solutions / Power Admin AI
5201 W Kennedy Blvd, Suite 925
Tampa, FL 33609