Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of services provided by Mirai AI LLC, doing business as Speed Wraith ("Company," "we," "us," or "our"). By accessing or using any Speed Wraith service, platform, or system (the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

Where a separate project-specific agreement exists between Speed Wraith and a Client, that agreement takes precedence over these Terms to the extent of any conflict.

2. Description of Services

Speed Wraith provides AI-powered automation, workflow, and communication systems to businesses ("Clients"). These Services may include, but are not limited to, automated SMS messaging systems, AI-powered voice and phone systems, workflow automation and integrations, CRM setup and management, data pipelines and analytics dashboards, and custom software tools. The specific scope of Services provided to each Client is defined in their project-specific agreement.

3. Client Accounts

Where the Services include access to a dashboard or web-based platform, Clients must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

4. Client Responsibilities

As a Client, you agree to the following:

Consent Collection: If your Services involve sending messages or making automated calls to your customers ("End Users"), you are responsible for obtaining proper consent from each End User before they are enrolled in any Speed Wraith communication system. The specific method of consent collection (verbal, written, or electronic) will be defined in your project-specific agreement. You agree to follow the consent procedures outlined in that agreement.

Lawful Use: You agree to only enroll End Users who are your actual customers or leads with whom you have an existing relationship. You agree not to use the Services for unsolicited messaging, spam, or any purpose outside the scope defined in your project-specific agreement.

Accuracy: You are responsible for the accuracy of all data you provide to Speed Wraith, including End User contact information and any business data used by the Services.

5. SMS Messaging Terms

Where the Services include SMS messaging on behalf of a Client, the following applies:

End Users receive automated SMS messages from Speed Wraith on behalf of their service provider (the Client). Message content, frequency, and purpose are defined in the project-specific agreement between Speed Wraith and the Client. Message and data rates may apply depending on the End User's mobile carrier and plan. End Users may opt out at any time by replying STOP to any message. End Users may reply HELP for support information. Consent to receive messages is not a condition of purchase of any goods or services. Speed Wraith does not sell, rent, or share End User mobile phone numbers or SMS opt-in data with third parties or affiliates for marketing or promotional purposes.

6. Voice AI and Phone System Terms

Where the Services include AI-powered voice or phone systems on behalf of a Client, the following applies:

Calls may be handled by an AI-powered system. Where required by applicable law, callers will be informed that they are interacting with an AI system and that the call may be recorded. If the system offers to send a text message during a call, the caller's verbal consent will be obtained before any message is sent. Call recordings, transcripts, and information collected during calls are stored securely and shared only with the Client on whose behalf the system operates.

7. Acceptable Use

You may not use the Services to send messages or make calls that are unlawful, harassing, abusive, threatening, defamatory, or otherwise objectionable. You may not use the Services to send unsolicited commercial messages (spam) or make robocalls outside the scope of the agreed-upon Services. You may not attempt to gain unauthorized access to any part of the Services or their systems. You may not use the Services in any way that violates applicable federal, state, or local laws or regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state consumer protection laws.

8. Intellectual Property

The Services, including their design, features, code, and content, are owned by Mirai AI LLC and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms and your project-specific agreement. You may not copy, modify, distribute, or create derivative works based on the Services.

9. Fees and Payment

Access to the Services may require payment of fees as described in your project-specific agreement or on our pricing page. Fees are non-refundable except as required by law or as otherwise specified in your project-specific agreement. We reserve the right to change pricing with 30 days' notice to active Clients.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT MESSAGES WILL BE DELIVERED SUCCESSFULLY TO ALL CARRIERS OR DEVICES, OR THAT VOICE SYSTEMS WILL BE AVAILABLE WITHOUT INTERRUPTION. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIRAI AI LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Mirai AI LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your failure to obtain proper consent from End Users.

13. Termination

Either party may terminate this agreement at any time, subject to any terms in the project-specific agreement. We may suspend or terminate your access to the Services immediately if we believe you have violated these Terms. Upon termination, your right to use the Services ceases immediately. End User data associated with your account will be deleted within 90 days of termination unless otherwise specified in your project-specific agreement.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts located in Los Angeles County, California.

15. Changes to Terms

We may update these Terms from time to time. We will notify Clients of material changes via email, through their dashboard, or through other reasonable means. Continued use of the Services after changes constitutes acceptance of the updated Terms.

16. Contact Us

If you have questions about these Terms, contact us at:

Mirai AI LLC (dba Speed Wraith)
Email: kenneth@speedwraith.com
Website: https://speedwraith.com/