Terms of Service

AutopilotMax provides Agentic AI services including, but not limited to:

• Custom AI agent design, development, and deployment for your business
• Lead generation and qualification automation using AI agents
• AI-powered copywriting, content generation, and messaging workflows
• CRM integration, pipeline automation, and follow-up orchestration
• 24/7 AI-driven customer support and appointment booking agents
• Landing page development optimised for AI-assisted lead capture
• Ongoing agent management, monitoring, and optimisation

The specific scope of services, deliverables, timelines, and pricing are set out in a separate Service Agreement or Statement of Work (“SOW”) agreed between the parties. In the event of a conflict between these Terms and a SOW, the SOW shall take precedence.

To engage our services, you must:

• Be at least 18 years of age and have legal capacity to enter into contracts
• Provide accurate, current, and complete information during onboarding
• Maintain the security of any account credentials we provide
• Notify us immediately of any unauthorised access to your account
• Not share your account access with unauthorised parties

We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including where we believe a client has violated these Terms.

3.1 Fees and Billing

• Fees are as specified in your SOW or agreed proposal
• Retainer and subscription fees are billed monthly in advance unless otherwise agreed
• One-time setup or deployment fees are due prior to commencement of work
• All fees are quoted in NZD or USD as specified — currency is confirmed at point of sale
• Invoices are due within 14 days of issue unless otherwise agreed

3.2 Late Payment

• Overdue invoices may incur a late payment fee of 1.5% per month on the outstanding balance
• We reserve the right to suspend services for accounts more than 21 days overdue
• Suspended accounts will be reinstated upon full payment of outstanding amounts

3.3 Taxes

All fees are exclusive of applicable taxes, including New Zealand GST (15%). Clients are responsible for any applicable taxes in their jurisdiction. Where required, GST will be added to invoices at the prevailing rate.

3.4 Refunds

Due to the bespoke, time-intensive nature of AI agent development, fees paid for completed work are non-refundable. Monthly retainer fees may be prorated upon termination in accordance with Section 9. Disputes regarding billing must be raised within 14 days of the invoice date.

To enable us to deliver our services effectively, you agree to:

• Provide timely access to necessary systems, accounts, CRMs, APIs, and data required for agent deployment
• Supply accurate business information, brand guidelines, and target audience details
• Designate a primary point of contact with authority to make decisions on your behalf
• Review and approve agent copy, workflows, and automations before go-live
• Ensure you hold the necessary rights and consents for any data you provide to us for processing
• Comply with all applicable laws, including privacy regulations, anti-spam laws (e.g. NZ Unsolicited Electronic Messages Act, CAN-SPAM, GDPR), and consumer protection laws
• Not use our services for any unlawful, deceptive, or harmful purpose

You acknowledge that AI agents operate based on the instructions, data, and parameters you provide. AutopilotMax is not liable for outputs that result from inaccurate, incomplete, or misleading instructions from you.

5.1 Our Property

AutopilotMax retains all intellectual property rights in our proprietary methodologies, frameworks, tools, templates, and underlying AI infrastructure (“AutopilotMax IP”). Nothing in these Terms transfers ownership of AutopilotMax IP to you.

5.2 Deliverables

Upon full payment of all applicable fees, we grant you a non-exclusive, perpetual licence to use the custom deliverables we create specifically for you (e.g. landing pages, agent scripts, workflow automations). This licence does not include the underlying AutopilotMax IP or tools used to create those deliverables.

5.3 Your Content

You retain ownership of all content, data, and materials you provide to us. You grant AutopilotMax a limited licence to use your content solely to provide the agreed services.

5.4 Portfolio and Case Studies

Unless otherwise agreed in writing, we reserve the right to reference our engagement with you (including business name and general results) in our marketing materials and portfolio, without disclosing confidential business data.

Each party agrees to keep confidential any non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation survives termination of our engagement for a period of 3 years.

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this agreement
• Was already known to the receiving party prior to disclosure
• Is independently developed by the receiving party without reference to the disclosed information
• Must be disclosed pursuant to law, regulation, or court order

AutopilotMax warrants that our services will be performed with reasonable care and skill. We do not warrant:

• That AI agents will achieve specific revenue, lead, or conversion targets
• That the services will be uninterrupted, error-free, or available 100% of the time
• That AI-generated outputs will be accurate, complete, or suitable for any particular purpose without human review
• That integrations with third-party platforms (GoHighLevel, HubSpot, etc.) will remain unaffected by changes those platforms make to their APIs or policies

AI outputs should be reviewed by a qualified human before being used for medical, legal, financial, or other high-stakes decisions. THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY LAW.

To the maximum extent permitted by applicable law, AutopilotMax's total aggregate liability to you for any claims arising under or in connection with these Terms or your use of our services shall not exceed the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

In no event shall AutopilotMax be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunity, or goodwill
• Loss or corruption of data
• Costs of procuring substitute services

These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain liability limitations — in those cases, our liability is limited to the fullest extent permitted by applicable law.

9.1 Term

These Terms commence when you first engage our services and continue until terminated by either party in accordance with this section.

9.2 Termination by Client

You may terminate ongoing retainer services with 30 days' written notice. Fees for work completed up to and including the notice period are payable in full.

9.3 Termination by AutopilotMax

We may terminate services immediately upon written notice if you:

• Fail to pay any invoice within 21 days of its due date
• Materially breach these Terms and fail to remedy the breach within 14 days of notice
• Use our services for unlawful, harmful, or deceptive purposes
• Become insolvent, bankrupt, or enter administration or liquidation

9.4 Effect of Termination

• All outstanding fees become immediately due and payable
• We will provide you with a reasonable period (14 days) to export your data before deletion
• Licences granted to you under Section 5.2 survive termination for deliverables fully paid for
• Sections 5, 6, 8, and 10 survive termination

These Terms are governed by and construed in accordance with the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand to settle any dispute arising out of or in connection with these Terms.

Before initiating formal legal proceedings, the parties agree to attempt good faith negotiation for at least 30 days following written notice of a dispute.

• Entire Agreement: These Terms, together with any SOW, constitute the entire agreement between the parties regarding the subject matter and supersede all prior discussions, representations, or agreements
• Amendments: We may update these Terms from time to time. Material changes will be notified via email 14 days in advance
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of our rights
• Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force
• Force Majeure: Neither party is liable for delays or failures caused by circumstances beyond their reasonable control (including natural disasters, internet outages, or government actions)
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our obligations to an affiliate or successor entity

For questions about these Terms: