These Terms of Use ("Terms") constitute a legally binding agreement between Battle Plan Marketing, LLC ("Company," "we," "us," or "our") and you ("Customer," "User," or "you"). By accessing DriftFindrAI, a trademark of Battle Plan Marketing, LLC, you agree to these Terms.
1. Scope of License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Service solely for your internal business purposes or to serve your agency clients. This Service is a digital good provided as a revocable license rather than a permanent sale.
2. Mandatory Account Requirements
OpenAI API Key: You must provide your own OpenAI API Key to use the Service's auditing functions. You are solely responsible for all OpenAI usage fees and compliance with OpenAI’s terms.
Retell AI: You may use our shared Retell account (subject to plan minute limits) or your own personal Retell account for synthetic testing.
Security: You are responsible for the security of your access credentials. We protect your stored keys using the Replit "Secrets" tool.
3. Compliance and Consent Warranties
Call Recording (CIPA/Penal Code 632): You warrant that you have obtained express, all-party consent for every call recorded or audited through the Service. You must provide a "Notice at Collection" informing participants that the session is recorded and audited by an automated system.
TCPA and AI Voice: You warrant that any synthetic outbound calls comply with the Telephone Consumer Protection Act (TCPA). This includes obtaining prior express written consent for calls using AI-generated voices.
4. Subscription and Auto-Renewal
Pricing: Pro Plan is $297/mo; Enterprise Plan is $597/mo.
Automatic Renewal: Your subscription will automatically renew until canceled. You provide express affirmative consent for these recurring charges by selecting the acknowledgment checkbox at checkout.
Cancellation: You may cancel "at will" at any time via the "Cancel" button in your account settings. Cancellation will take effect at the end of the current billing cycle.
5. AI Disclaimers and Liability
No Accuracy Guarantee: You acknowledge that the Service uses experimental AI that may produce "hallucinations" or inaccuracies. Results are for informational purposes and require human review before any significant decision is made.
Limitation of Liability: Our total aggregate liability for any claim shall not exceed the amount paid by you for the Service in the 12 months preceding the claim. We disclaim all liability for third-party API failures (OpenAI/Retell).
Indemnification: You agree to indemnify and defend us against any claims arising from your failure to obtain proper recording consent or your violation of the TCPA.
6. Binding Arbitration
Any dispute arising from these Terms shall be resolved by binding arbitration in Southwest Riverside County, California.
Important Notice
BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.
7. Contact Information
Battle Plan Marketing, LLC
30141 Antelope Rd., Suite D438
Menifee, CA 92584 USA
Email: [email protected]