If you are entering into this Agreement on behalf of a company or other legal commercial entity, you represent that you possess the full legal authority to bind such entity to these provisions.
1. Scope of Services
LocalCustomers.ai provides commercial clients with proprietary AI-driven conversational chat interfaces engineered to intercept website traffic, capture user lead details, and instantly transmit that data to the Client via email or API. Additionally, the platform aggregates completely anonymized, Non-Personally Identifiable Information (Non-PII) to generate platform-wide business intelligence, which may be deployed to optimize digital advertising activation parameters for the platform and its network clients.
2. Payment Terms, Billing, and Invoicing
Client agrees to pay all subscription, onboarding, setup, and usage fees associated with their selected tier of Service. All monetary amounts are quoted and payable in United States Dollars (USD).
A. Accepted Payment Methods
We facilitate settlement through the following commercial payment gateways:
- Credit and Debit Cards: We accept major electronic credit card instruments. By submitting card credentials, you authorize us to charge all recurring subscription fees automatically to the designated account.
- ACH / Direct Bank Debit: Clients utilizing Automated Clearing House (ACH) transfers authorize us to securely pull periodic service fees directly from their designated corporate checking or savings account.
- Invoicing for Check Payments: At our sole discretion, select Enterprise or contracted clients may request a manual invoicing structure. Invoiced amounts are payable strictly via physical corporate check or authorized electronic check.
B. Billing Cycles and Automatic Renewal
Recurring subscription plans are billed in advance on a monthly or annual cycle, commencing on the day service provision begins. Subscriptions automatically renew at the close of each cycle under identical financial terms unless explicit notice of non-renewal or cancellation is delivered by either party at least thirty (30) days prior to the cycle rollover date.
C. Invoicing Terms and Late Fees
For Clients approved for check or invoice billing, payments are strictly due within thirty (30) calendar days from the issued invoice date (Net 30 terms), unless explicitly modified in a separate signed Addendum. Any balance remaining unpaid past the due date shall accumulate finance interest at a rate equal to 1.5% per month, or the maximum percentage legally permissible by law, whichever is lower. Client shall bear all legal, collection, and processing fees incurred during efforts to recover delinquent payments.
D. Non-Refundable Fees
All setup fees, monthly or annual subscription fees, and custom development allocations are wholly non-refundable. No partial prorations or credits will be issued for mid-cycle cancellations or underutilized feature capacities.
3. Data Collection, Transmission, and Legal Compliance
The operational framework of LocalCustomers.ai involves a specific split data capture mechanism. Client acknowledges and consents to the following roles and responsibilities regarding data handling:
A. Client’s Role as Data Controller
When our AI chat forms capture Personally Identifiable Information (PII) from users browsing your digital properties and email it directly to you, you become the sole Data Controller of that personal data. You are completely and independently responsible for complying with all localized data privacy laws (including but not limited to the TCPA, CAN-SPAM, CCPA/CPRA, and GDPR) regarding how you store, contact, protect, or process those individual consumer leads.
B. Client’s Duty to Maintain a Privacy Policy
Client guarantees and covenants that they maintain, publish, and conspicuously display a comprehensive Privacy Policy on all web domains where a LocalCustomers.ai chat form is embedded. This policy must explicitly inform your end-users that a third-party chat tool collects their personal data on your behalf.
C. Company’s Use of Aggregated Non-PII Data
Client acknowledges and agrees that FiscOwl, LLC strips away all PII from chat interactions to assemble aggregated, fully anonymous system datasets. FiscOwl, LLC retains absolute, unencumbered rights to leverage this non-PII for ongoing machine learning calibration, algorithmic development, platform business intelligence, and digital advertising activation. We will never sell your unhashed, raw consumer PII to external parties.
4. Intellectual Property Rights
FiscOwl, LLC retains exclusive title, copyright, patents, and intellectual property rights over all application code, UI designs, conversational logic flows, widget behaviors, logo marks, underlying software, and AI system modifications utilized to provide the Services. Client is granted a limited, revocable, non-transferable, non-exclusive license to embed our script code onto authorized domains strictly for the duration of an active subscription. Client shall not reverse engineer, decompile, copy, or adapt the codebase or proprietary architectures.
5. Prohibited Conduct
Client agrees not to employ the platform to trap or extract sensitive medical records (HIPAA covered data), financial passwords, Social Security numbers, or any classification of data deemed illicit under prevailing state or federal criminal laws. Client may not use our automated conversational interfaces to generate unsolicited spam or malicious phishing attacks.
6. Term and Termination
This Agreement persists until terminated by either party. We reserve the right to suspend or cancel your access to the platform immediately, without advance warning or liability, if you violate these Terms, breach payment milestones, or deploy our AI forms in a fraudulent or unauthorized manner.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED COMPLETELY “AS IS” AND “AS AVAILABLE.” FISCOWL, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONVERSATIONAL CAPACITIES, ACCURACY, UP-TIME, OR LEAD VOLUME GENERATED BY ITS AI FORMS. WE EXTEND NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC STRATEGIC PURPOSE, OR NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FISCOWL, LLC, ITS OFFICERS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, CUSTOMERS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. THE TOTAL CUMULATIVE LIABILITY OF FISCOWL, LLC UNDER THIS CONTRACT SHALL NOT EXCEED THE TOTAL CASH FEES PAID BY THE CLIENT TO US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM INCIDENT.
9. Indemnification
Client agrees to defend, indemnify, and hold harmless FiscOwl, LLC and its subsidiaries against any third-party legal claims, regulatory fines, structural damages, or financial liabilities resulting from (a) Client’s violation of consumer privacy regulations, (b) Client’s mishandling or unauthorized use of consumer lead records once routed to Client’s email/servers, or (c) Client’s breach of any covenant within this contract.
10. Governing Law and Dispute Resolution
These Terms shall be interpreted, governed, and legally enforced in accordance with the internal laws of the State of New York, without reference to conflict of law rules. Any legal lawsuit, dispute, or judicial proceeding arising out of this contract shall be submitted exclusively to the state or federal courts located in or closest to New York County, New York.
11. Severability and Entire Agreement
If any clause of this Agreement is found unenforceable by a court of competent jurisdiction, the remaining terms shall stay in full, uninterrupted force and effect. These Terms constitute the complete and comprehensive statement of understanding between FiscOwl, LLC and the Client regarding the subject matter.
12. Contact Information
For administrative notices, billing inquiries, or structural support regarding these Terms, please contact us at:
Brand: LocalCustomers.ai
Entity: FiscOwl, LLC
Email: info@analyticowl.com
Mailing Address:
88 E Main Street, Suite 125
Mendham, NJ 07945