Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Rohit Kumar ("We," "our," or "us"), concerning your access to and use of our lead recovery and AI-powered response services as well as the rohitkumar.co.in website.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and the content on the Site including AI response templates, system configurations, designs, text, and graphics (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service.

4. Service Fees & Third-Party Costs

Your monthly service fee covers the management, monitoring, and optimization of your lead recovery system. This includes AI response tuning, missed call text-back configuration, and integration upkeep.

Because your system interacts with third-party services that charge based on usage, the following applies:

• Included Usage: Standard AI and SMS costs are absorbed up to a reasonable threshold based on your plan (Basic, Pro, or Enterprise).
• Overage Costs: If your usage exceeds the plan threshold (e.g., high-volume SMS campaigns), the additional costs are passed through at cost with zero markup, or transitioned to your own billing accounts.
• Hosting: Your system runs on a dedicated server. Hosting costs (if separate from your plan) are your responsibility to maintain.

5. Payment & Right to Suspend

Invoices are due upon receipt. In the event of non-payment exceeding 14 days, Rohit Kumar reserves the right to pause your lead recovery system—including AI responses, missed call text-backs, and integrations—until the outstanding balance is cleared.

5.1 Cancellation Policy

Basic and Pro Plans: You may cancel your subscription at any time with no penalty. Your service will remain active until the end of your current billing period.

Custom/Enterprise Plans: Custom engagements and Enterprise plans include a 1-year minimum commitment. Early termination requires payment of the remaining contract balance. This compensates for the extensive setup, custom AI training, and dedicated resources allocated to your account.

5.2 A2P 10DLC SMS Registration

To send business SMS in the United States, you are required to complete A2P 10DLC registration with your carrier. This registration is your responsibility.

• We will guide you through the process and provide the required information about your use case.
• Registration typically takes 2-3 weeks to complete and approve.
• Your SMS text-back system will not go live until registration is approved.
• Registration fees (if any) charged by carriers are your responsibility.

5.3 Website Design Add-On Terms

The Conversion-Engine Website add-on (+$1,497 one-time) is an optional upgrade available with Basic and Pro plans. By purchasing this add-on, you agree to the following terms:

Scope of Work

• Pages Included: The base price covers 5-7 pages (typically: Home, Services, About, Reviews/Testimonials, Contact, and 1-2 service-specific pages).
• Additional Pages: Pages beyond the included 5-7 are billed at $150 per additional page. This must be agreed upon before work begins.
• Mobile-First Design: All websites are optimized for mobile performance with a target load time of under 1 second on 4G connections.
• Lead Capture Integration: Forms are natively integrated with your Lead Recovery System for zero-delay AI responses.
• Local SEO Foundation: Includes proper LocalBusiness schema markup for Google visibility.

Revisions & Scope Control

• Revision Rounds: The add-on includes 2 rounds of revisions. A "revision round" is a batch of feedback submitted together, not individual comments over time.
• Additional Revisions: Revisions beyond the included 2 rounds are billed at $75 per hour.
• Scope Changes: Requests that materially change the site structure, add new features (e.g., e-commerce, booking systems), or require custom functionality are quoted separately.

Content & Assets

• Content Deadline: You must provide all text content, high-resolution images, and brand assets within 7 business days of project kickoff.
• AI Copywriting: If you are unable to provide content, we offer AI-optimized sales copywriting as part of the service. However, you must provide basic business information, service details, and approval of the generated copy.
• Stock Images: If you cannot provide images, we may source royalty-free stock images. Premium stock images (if required) are billed separately at cost.
• Delays: Failure to provide content within the deadline may delay your project. Projects stalled for more than 30 days due to client delays may be deprioritized or require a restart fee.

Intellectual Property & Ownership

• Your Ownership: Upon full payment, you own the final website design, content, and code delivered to you.
• Our Rights: We retain the right to use the website in our portfolio and marketing materials unless you request otherwise in writing.
• Third-Party Assets: Any licensed fonts, icons, or templates used remain subject to their original license terms.

Hosting & Maintenance

• Hosting: The website add-on covers design and development only. Hosting costs are your responsibility. We can recommend providers or help you set up hosting (included in setup).
• Ongoing Maintenance: Post-launch website updates, content changes, or technical maintenance are not included in the one-time fee. These are billed at $75/hour or as a separate monthly retainer.
• CMS Access: If applicable, you will receive full admin access to your content management system upon project completion.

Timeline

• Typical website delivery is 2-3 weeks from content receipt, depending on complexity and revision cycles.
• Rush delivery (under 1 week) may be available for an additional 25% fee, subject to availability.

6. Indemnification & Third-Party Dependencies

Your lead recovery system relies on third-party services (e.g., OpenAI, Twilio, Google). You agree to indemnify and hold us harmless from any liability related to:

• Service outages: We are not liable for downtime caused by third-party outages (e.g., Twilio SMS delays, OpenAI API downtime). Restoring functionality due to external vendor changes is billable outside the monthly fee.
• AI Response Accuracy: AI systems are probabilistic. We are not liable for inaccurate responses generated by the AI. You are responsible for reviewing AI responses periodically and flagging any issues.
• Data Backups: You are responsible for maintaining backups of your lead data, contacts, and CRM records. We are not liable for data loss caused by third-party service failures.
• Legal Compliance: You are responsible for ensuring that automated SMS, calls, and emails sent through the system comply with local laws (GDPR, TCPA, CAN-SPAM).

7. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or services, even if we have been advised of the possibility of such damages.

8. Governing Law & Contact

These Terms shall be governed by and defined following the laws of India. Rohit Kumar and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

For any legal inquiries, please contact: [email protected]