Terms & Conditions — AetherMindset

Effective Date: April 11, 2026 Website: www.aethermindset.com

1. Introduction

These Terms & Conditions ("Terms") apply to the use of services, software, websites, and technology provided by AetherMindset ("AetherMind," "we," "our," or "us").

By accessing or using our services, you agree to be bound by these Terms. Services are intended exclusively for business use. You must be authorized to enter binding agreements on behalf of your organization.

2. Contract Hierarchy

If a separate Service Agreement is signed between the Client and AetherMindset, that Service Agreement shall prevail in the event of any conflict with these Terms. These Terms supplement, but do not override, the Service Agreement.

3. Nature of Services

AetherMindset provides a range of digital and AI-powered services, including but not limited to:

AI receptionists and voice agents

Chat and messaging automation

Website design and maintenance

5. Payment Terms

Fees, billing frequency, and performance obligations are defined in the Service Agreement. Payments that fail or become overdue may result in suspension or termination of services. No refunds are provided once services are deployed, activated, or campaigns have begun.

6. Client Responsibilities (Including End-Clients)

The Client represents and warrants that:

(a) All leads provided to AetherMindset have a valid legal basis for communication (including consent under GDPR, CAN-SPAM, TCPA, CCPA, or relevant laws). (b) The Client maintains complete documentation of such consent and will provide it upon request. (c) The Client ensures all End-Clients comply with applicable laws and are clearly identified as the communication sender. (d) AetherMindset shall not be named as the sender or point of contact in any communication. (e) The Client provides accurate data, booking rules, and instructions.

The Client shall indemnify and hold AetherMindset harmless from claims, fines, or damages arising from:

Illegal data use

Invalid consent

Failures by End-Clients

Misleading branding or communication practices

6b. Prohibited Activities Client may not access or use our services for any purpose other than that for which they are made available. Client agrees not to:

Use any information obtained from our services to harass, abuse, or harm another person

Use the services in a manner inconsistent with any applicable laws or regulations

Upload or transmit viruses, trojans, or other malicious material that interferes with the services

Engage in any automated or unauthorised use of our systems, including scraping or data mining tools

Attempt to impersonate another user, client, or person

Reverse engineer, decompile, or attempt to extract the source code of any part of our technology

Use the services as part of any effort to compete with AetherMindset

Attempt to bypass any security measures or access restrictions

6c. Account Security Client is responsible for maintaining the security of all passwords and credentials used to access AetherMindset services. Client is responsible for all activity that occurs under their account. AetherMindset reserves the right to suspend or terminate access if account credentials are misused or compromised.

7. Intellectual Property

AetherMindset owns all rights to its technology, systems, software, AI models, and campaign logic. The Client owns its data, leads, brand assets, and campaign results. A limited, revocable license is granted to use the technology only within the agreed commercial scope. AI outputs are provided as-is, without guarantee of accuracy.

7b. Submissions Any feedback, suggestions, or ideas Client provides to AetherMindset regarding our services become the sole property of AetherMindset. We may use such input for any lawful purpose without acknowledgment or compensation to Client. Client waives any claim over submitted ideas or suggestions.

8. Third-Party Platforms

Services may rely on platforms such as Google, Meta, Twilio, Stripe, and OpenAI. AetherMindset is not liable for outages, data handling, policies, or failures of such services. Use of third-party services is subject to their own terms and privacy rules.

9. Disclaimer of Warranties

All services are provided "as is" and "as available" without warranties of any kind. AI may produce inaccurate, incomplete, or unexpected responses. You assume full risk for business decisions based on outputs.

9b. Modifications and Service Interruptions AetherMindset reserves the right to modify, suspend, or discontinue any part of its services at any time without notice. We are not liable for any loss or inconvenience caused by downtime, interruptions, or changes to the service. We have no obligation to maintain any specific feature or functionality.

10. Limitation of Liability

To the maximum extent permitted by law:

AetherMindset is not liable for indirect losses, lost profits, or reputational harm

Total liability shall not exceed fees paid in the preceding 12 months

AetherMindset is not liable for no-shows by Leads or End-Client operational failures

10b. Data Backups AetherMindset performs routine backups for operational purposes. However, Client is solely responsible for maintaining their own copies of any data submitted to or generated through our services. AetherMindset is not liable for any loss or corruption of Client data.

10c. Force Majeure Neither Party shall be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including fire, flood, war, government action, internet disruptions, or other similar events. The affected Party shall notify the other promptly and resume performance as soon as reasonably possible.

10d. Electronic Communications By using our services or communicating with AetherMindset via email or online forms, Client agrees that such communications are legally valid and binding. Client consents to receive notices, agreements, and disclosures electronically and waives any requirement for physical signatures or paper records where permitted by law.

11. Confidentiality

Both Parties must protect confidential business and personal data. AetherMindset may disclose limited information to approved sub-processors solely to deliver services.

12. Data Processing and Sub-Processing

AetherMindset processes personal data only:

As instructed by the Client

For the lawful benefit of the Client or its End-Clients

Under a valid Data Processing Agreement (DPA)

AetherMindset may temporarily suspend processing if lawful basis for messaging cannot be proven.

13. Termination

Either Party may terminate services as defined in the Service Agreement.

Upon termination:

All earned fees remain payable

Access to services shall cease

Data may be deleted within 5 days unless required otherwise by law

End-Clients have no rights or claims against AetherMindset. Disputes must be handled between the Client and its End-Clients exclusively.

14. Governing Law

These Terms are governed exclusively by California law. Disputes shall be resolved in California courts.

Dispute Resolution Before escalating any dispute to court, both Parties agree to first attempt to resolve the matter through informal negotiation for a minimum of 30 days from the date one Party notifies the other in writing of the dispute. If no resolution is reached within that period, either Party may proceed through the courts as defined in this section.

15. Changes to Terms

AetherMindset may update these Terms periodically. Material changes will be communicated in advance. Continued use of services after updates constitutes acceptance.

16. Contact

AetherMindset Email: [email protected] Phone: (707) 262-2691 Website: www.aethermindset.com

© AetherMindset. All rights reserved.