Terms of Service – Fast Creative Inc. / Chilepod – Smart Voice Agents
Last Updated: April 30, 2025
This Agreement creates a binding legal agreement between you (“Customer”) and Fast Creative Inc., the owner and operator of Chilepod – Smart Voice Agents (“Provider”).
By using the Chilepod platform or clicking on any form of acceptance button, you irrevocably accept the terms of this Agreement. If you do not accept the Agreement, do not use the service. If you are accepting on behalf of a business or legal entity, you confirm you have authority to bind such entity.
1. Definitions
Key legal and operational definitions (e.g. Customer Data, Documentation, Personal Information, System, Users, Fees, etc.) are defined here to ensure clarity. The definitions follow standard SaaS agreement language and mirror the scope of service provision and user responsibilities.
2. The Service
- 2.1 Subscription Grant: Fast Creative Inc. grants a non-exclusive, non-transferable, non-sublicensable license to use Chilepod.
- 2.2 Professional Services: May be purchased via Order Form.
- 2.3 Uptime Commitment: Targeted at 99.5% annually.
- 2.4 Support: Reasonable support provided for issues that hinder service functionality.
- 2.5 Updates & Maintenance: May occur at Provider’s discretion.
- 2.6 Privacy: Personal Information will be handled per the Privacy Policy.
- 2.7 Internet Disclaimer: Use at your own risk beyond Provider’s control.
- 2.8 Suspension Rights: Provider may limit or suspend service for legal or technical issues.
- 2.9 Subcontracting: Provider may use subcontractors under its control.
3. Customer Use
- 3.1 Security Responsibilities: Customer is responsible for all activity under their login credentials.
- 3.2 Usage Restrictions: No sharing access, no illegal use, no system interference.
- 3.3 Customer Data Compliance: You are responsible for ensuring the data you provide does not violate any laws or rights.
4. Fees and Payment
- Fees are outlined in the Order Form.
- Non-payment results in suspension after 30 days.
- All taxes (excluding Provider income taxes) are Customer’s responsibility.
5. Confidentiality
- Mutual obligations for non-disclosure of proprietary or sensitive information.
- Exceptions include data that is public, already known, independently developed, or disclosed legally.
6. Ownership
- Fast Creative Inc. retains all rights to the Chilepod platform and underlying tech.
- Customer retains rights to their data.
- Provider may use anonymized aggregate data for improvement.
7. Termination
- Auto-renews monthly or annually unless cancelled.
- 14-day refund policy applies only if login and engagement are verified.
- Provider may terminate for breach.
- Upon termination, access ceases and data is returned (and then deleted) within 30 days.
8. Warranties and Disclaimers
- 8.1 Limited Warranty: Chilepod will function as documented.
- 8.2 Disclaimer: No liability for third-party providers, Internet reliability, or use outside jurisdiction.
9. Indemnification
- Each party indemnifies the other for breaches or IP claims, following standard SaaS structure.
10. Liability Limitations
- Max liability = 12 months of fees.
- No liability for indirect, incidental, or consequential damages.
- No jury trials or class action claims.
- Claims must be filed within 12 months of occurrence.
11. General Provisions
- 11.1 Publicity: Provider may list Customer as a client.
- 11.2 Assignment: Provider may assign, Customer may not without consent.
- 11.3 Force Majeure: Standard clause.
- 11.4 Arbitration: Binding arbitration in Vancouver, BC.
- 11.5 Governing Law: Province of British Columbia.
- 11.6 Notices: Via email or mail as listed.
- 11.7 Entire Agreement: Supersedes all previous agreements.
- 11.8 Severability/Waiver: Standard.
- 11.9 Independent Contractors: This agreement does not form a partnership.
Contact:
Fast Creative Inc. / Chilepod – Smart Voice Agents
Email: hello@fastcreative.com
Web: www.chilepod.com
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