Terms & Conditions
Quantaive Terms & Conditions
Effective Date: August 1, 2025
1. Acceptance of Terms
By accessing our website (“Site”), creating an account, or purchasing services or products from Quantaive (“we,” “us”), you (“Client,” “you”) agree to be bound by these Terms & Conditions (“Terms”).
If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, you may not use our Site or Services.
2. Services Overview
Quantaive provides artificial intelligence (AI) strategy, consulting, implementation services (including chat agents, voice agents, and automation), website design, and associated digital tools (“Services”).
Details of each engagement are outlined in a proposal, scope of work, or service agreement (“Client Agreement”).
We reserve the right to modify or suspend any part of our Services at any time, with reasonable notice to clients with active engagements.
3. Governing Agreements
All Services are governed by your signed Client Agreement or the product description at checkout.
Where there is a conflict between these Terms and a Client Agreement, the Client Agreement will prevail.
4. Fees & Payment Terms
Setup and Build Fees
Cover labor and configuration to make Services available to you.
Do not grant ownership of the underlying technology (see Section 11).
Monthly Service Fees
Required for all custom-built solutions for hosting, maintenance, platform access, and licensing.
Billing & Payment
Fees are invoiced as stated in your Client Agreement or at purchase.
All prices are in USD unless otherwise specified.
Payment Processor
We use Stripe, Inc. as our third-party payment processor. By paying, you agree to Stripe’s Services Agreement.
Taxes
Fees exclude applicable taxes; you are responsible for all taxes.
Late Payments
Overdue invoices may incur interest at 1.5% per month (or the maximum allowed by law).
We may suspend or terminate Services if payment is more than 30 days past due.
Chargebacks & Disputes
Initiating a chargeback without contacting us first is a breach of these Terms and may result in immediate suspension of Services.
5. Project Timeline
The initial build/setup phase for Services (e.g., AI chat agents, automations, websites, voice agents) is estimated at 4–6 weeks from receipt of all required Client Data, materials, and approvals.
Some projects may be delivered sooner; however, timelines are estimates and not guarantees. Quantaive reserves the right to adjust timelines due to:
Client delays in providing required data, content, access, or approvals
Technical issues, changes in third-party services, or unforeseen challenges
Delays caused by Quantaive will be communicated promptly, and revised timelines will be provided.
6. Contract Term & Renewal
Contract Term Start
The six (6) month initial service term for ongoing monthly services begins only after the project build/setup phase is completed and the deliverables are provided to the Client.
“Completion” means the agreed deliverables are substantially provided in working form, even if minor refinements are ongoing.
Renewal
After the initial six-month term, Services renew month-to-month unless canceled with written notice before your next billing date.
7. Termination Policy
Early Termination by Client
Canceling before the end of the initial term does not release you from payment obligations for the current billing period and does not alter refund rules in Section 8.
Termination by Quantaive
Quantaive may terminate any Service or Agreement at any time, with or without cause, by providing written notice.
If a third-party provider discontinues service or makes it commercially impractical for us to continue, we may terminate or modify the Service without liability and refund unused, pre-paid fees where applicable.
Effect of Termination
Upon termination, your license to use our Services and proprietary materials ends immediately.
Sections intended to survive termination (ownership, licensing, confidentiality, indemnification, limitations of liability) remain in effect.
8. Refunds & Cancellation
Project / Build Services
100% refund if requested within 24 hours of purchase
75% refund if requested within days 2–7
50% refund if requested within days 8–14
0% refund after day 14
Consulting
100% refund if requested within 24 hours of purchase
50% refund if requested within days 2–7 and no services have been rendered
0% refund once services have been rendered
Monthly Service Fees
0% refund for the current billing period
You may cancel to stop future billing (per Section 6)
All refund requests must be submitted via our Refund Form, available 24/7 on our Refund Page.
9. Client Responsibilities
You agree to:
Provide all required content, files, access credentials, and approvals promptly
Appoint a single point of contact for decisions and feedback
Respond to requests within agreed timeframes
Understand that delays in providing materials or approvals extend timelines without penalty to Quantaive
10. Confidentiality
Both parties agree to protect each other’s confidential information, including business strategies, financial data, and project details.
Confidentiality obligations survive termination.
11. Intellectual Property, Licensing & Data Use
11.1 Client Data
You retain ownership of all data, content, and materials you provide.
You grant Quantaive a license to use Client Data solely for providing and improving Services.
11.2 Quantaive IP
All Quantaive technology, workflows, and configurations remain our exclusive property.
Improvements or derivative works remain Quantaive’s sole property.
11.3 Restrictions
You may not copy, reverse engineer, or resell Quantaive’s IP.
License terminates immediately upon cancellation or non-payment.
12. Transfer & Portability
Agents & Automations: Not transferable to other providers
Websites: Eligible for transfer after 6 months of active service with a $1,500 transfer fee
Delivered “AS IS” in WordPress; some features may not transfer
Client responsible for third-party transfer costs
Quantaive provides no post-transfer support
13. AI Use Disclaimer
AI outputs may be inaccurate, incomplete, or biased.
They must be reviewed by a human and are not legal, medical, or financial advice.
You are solely responsible for actions taken based on AI outputs.
14. Third-Party Services
Our solutions may integrate with third-party platforms. Use is subject to their terms.
We are not responsible for interruptions or issues caused by third-party providers.
15. Third-Party Tools & Substitutions
We may change, replace, or substitute tools or providers at any time, provided such changes do not materially diminish service functionality or quality.
16. Data Use, Privacy & Security
We handle Client Data according to our Privacy Policy.
Security measures include encryption, access controls, and regular reviews.
A Data Processing Addendum is available upon request.
17. Cookie Policy
Our Site uses cookies for functionality, analytics, and service delivery.
By using the Site, you consent to our [Cookie Policy].
18. Disclaimer of Warranties
Except as expressly stated, Services are provided “AS IS” and “AS AVAILABLE.”
We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
19. Limitation of Liability
Our total liability is limited to the total fees you paid in the 3 months preceding the claim.
We are not liable for indirect, incidental, or consequential damages.
20. Indemnification
20.1 General
You agree to defend, indemnify, and hold harmless Quantaive and its team from claims arising from:
Your use of the Services
Your breach of these Terms
Third-party claims related to your Client Data or business
20.2 Third-Party Content
You agree to indemnify Quantaive against claims alleging that your content infringes on third-party rights.
21. Non-Solicitation
You may not directly or indirectly solicit, hire, or contract with:
Any Quantaive employee or contractor, or
Any Quantaive client you met through our Services
for 12 months after termination, without Quantaive’s prior written consent.
22. Dispute Resolution
Any dispute will be resolved through binding arbitration with the American Arbitration Association in Atlanta, Georgia.
Both parties agree to attempt informal resolution for 90 days before arbitration.
23. Force Majeure
Neither party is liable for delays or failures caused by factors beyond reasonable control, including natural disasters, acts of government, internet outages, or labor disputes.
24. Compliance with Laws
You are responsible for ensuring your use of the Services complies with all applicable laws, including but not limited to:
Data protection and privacy (GDPR, CCPA)
Marketing and communications (CAN-SPAM, TCPA)
Industry-specific regulations (e.g., HIPAA)
25. General Provisions
Entire Agreement: These Terms, your Client Agreement, and our Privacy Policy form the full agreement
Assignment: You may not assign rights without written consent
Severability: If any provision is invalid, the rest remain in effect
Waiver: Failure to enforce a term is not a waiver of it
📄 Quantaive Terms & Conditions – August 1, 2025