Legal
Terms of Service
These Terms of Service ("Terms") govern your use of aimotion.tech and the services provided by AIMotion ("AIMotion," "we," "us"). By using our website or engaging our services, you ("Client," "you") agree to these Terms.
1. Services
AIMotion provides digital marketing and development services, which may include:
- Website design and development
- AI chat and voice agents for customer inquiries, lead qualification, and appointment booking
- Google Business Profile optimization and local SEO management
The specific services, deliverables, timeline, and fees for your engagement are set out in your proposal or quote. Services not described there are out of scope and may be quoted separately.
2. The Top-3 Guarantee
We offer a performance guarantee on local search ranking. This section defines it precisely. The guarantee applies only as described here.
2.1 What the guarantee is
If your business does not reach a Top-3 position in the Google local pack (Google Maps results) for the agreed target keywords within 90 days of the Guarantee Start Date, you will not be charged ongoing management fees for the period after day 90 until that result is achieved.
2.2 What "Top 3" means
- A position in the top three business listings of the Google local pack / Google Maps results — not the traditional organic ("blue link") results, and not paid ads.
- Measured for the Target Keywords and Target Location agreed in writing in your proposal at the start of the engagement.
- Measured using a neutral, location-standardized ranking tool at the centroid of the Target Location, not on a personal device. Google results are personalized by search history, precise location, and device, so what you see when you search for yourself may differ from the measured result. The tool's measurement is what governs.
- Achieved at any point during the measurement period — ranking positions naturally fluctuate, and the guarantee is met when the Top-3 position is recorded.
2.3 Guarantee Start Date
The 90-day period begins on the date all of the following are complete — not the date you sign up:
- You have granted us manager-level access to your Google Business Profile
- You have provided all required business information, photos, service lists, and hours
- Any website work that the ranking strategy depends on is live
- Your first invoice has been paid
2.4 Client conditions
The guarantee is void if:
- You do not maintain our access to your Google Business Profile, website, or other required platforms
- Approvals, content, or responses we request are delayed by more than 10 business days (the 90-day clock pauses for the duration of any such delay)
- You, another vendor, or a third party makes changes to your Google Business Profile, website, or listings without our knowledge
- Your Google Business Profile is suspended, disabled, or penalized for reasons outside our control, including guideline violations predating our engagement
- You engage another SEO provider for the same property or keywords during the engagement
- Your account is past due
- The engagement is terminated before day 90
2.5 Limits on the guarantee
- The guarantee applies to management fees only. One-time fees — website development, setup, onboarding, AI agent implementation, and third-party costs — are not covered and are non-refundable once the work is performed.
- The guarantee is a fee remedy, not a cash refund of amounts already paid for delivered work.
- Some keywords and markets are not achievable within 90 days due to competition, market size, or category. If we believe your targets are not realistically achievable, we will tell you before you engage us and adjust the Target Keywords accordingly. The guarantee applies to the agreed targets, not to any keyword you later decide you want.
- Google may not display a local pack at all for some queries. The guarantee does not apply to keywords where no local pack appears.
3. No Control Over Third-Party Platforms
Google, Meta, WhatsApp, and other platforms independently control their algorithms, policies, and services, and change them without notice. We do not control search rankings, and no one can promise a permanent position. We apply professional best practices and comply with platform guidelines; we are not responsible for changes in ranking, reach, or availability caused by platform changes, outages, penalties, or policy enforcement outside our control.
4. Client Responsibilities
You agree to:
- Provide accurate, complete, and lawful business information
- Grant and maintain the access we need to perform the services
- Respond to requests for approvals, content, and feedback in a timely manner
- Ensure you own or are licensed to use all content, images, logos, and materials you provide
- Comply with Google's guidelines and applicable law, including advertising, licensing, and industry regulations for your business
- Not request or require us to engage in deceptive practices, including fake reviews, false business locations, or misrepresented credentials
We will not create fake reviews, fabricate testimonials, or set up fictitious business locations under any circumstances. Requests to do so are grounds for immediate termination.
5. Fees, Payment, and Cancellation
| Term | Detail |
|---|---|
| Pricing | Set out in your written proposal or quote |
| Contract length | Month-to-month; no long-term commitment |
| Billing | Monthly management fees are billed in advance; one-time fees are billed as set out in your proposal |
| Late payment | We may pause services on accounts more than 15 days past due |
| Cancellation | Either party may cancel with 30 days' written notice by email |
| Refunds | Fees for work already performed are non-refundable; prepaid fees for services not yet delivered are refunded pro rata |
| Taxes | Fees are exclusive of applicable taxes, which are your responsibility |
Third-party costs — domain registration, hosting, premium plugins, advertising spend, phone or messaging service fees, AI usage fees — are your responsibility unless your proposal states otherwise.
6. Ownership of Deliverables
- You own your website once all associated fees are paid in full, including its content, design files, and domain.
- You own your Google Business Profile and all associated accounts at all times. We act only as a manager on your behalf, and we will transfer or relinquish access promptly on termination.
- You retain ownership of all content, trademarks, and materials you provide to us.
- We retain ownership of our own pre-existing tools, frameworks, templates, processes, code libraries, and know-how used to produce deliverables, and may reuse them for other clients. This does not affect your ownership of your finished deliverables.
- Third-party components remain subject to their own licenses.
Unless you tell us otherwise in writing, we may identify you as a client and describe the work performed — including anonymized or named results — in our portfolio and marketing.
7. Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform or receive the services. This obligation does not apply to information that is public, independently developed, or required to be disclosed by law.
8. AI Agents — Specific Terms
If your engagement includes AI chat or voice agents:
- AI agents generate responses automatically and may occasionally produce inaccurate or unexpected output. You are responsible for reviewing the configured content and for the information the agent is instructed to provide about your business.
- AI agents are not a substitute for professional advice, emergency services, or regulated communications. You must not configure an agent to give medical, legal, or financial advice, or to handle emergencies.
- You are responsible for ensuring your use of automated messaging complies with applicable law, including consent and disclosure requirements for automated calls and messages.
- Conversations may be processed by third-party AI providers. Do not configure agents to collect payment card numbers, government identification numbers, or health information.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR YOUR WRITTEN PROPOSAL, OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE ANY PARTICULAR BUSINESS RESULT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIMOTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify and hold AIMotion harmless from claims, damages, and reasonable costs arising from: content or materials you provide; your violation of law or third-party rights; your business's products, services, or claims about them; and your instructions that we advised against in writing.
12. Term and Termination
These Terms apply while you use our website or receive our services. Either party may terminate a service engagement with 30 days' written notice. We may suspend or terminate immediately for non-payment, breach of these Terms, or requests to engage in unlawful or deceptive practices. On termination, we will transfer access and deliverables for which you have paid in full, and you will pay for services performed through the termination date. Sections 6, 7, and 9 through 14 survive termination.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. Before filing any claim, both parties agree to attempt in good faith to resolve the dispute by direct discussion for at least 30 days after written notice. Any unresolved dispute will be subject to the exclusive jurisdiction of the state and federal courts located in California, and each party consents to that jurisdiction. If you are a consumer in a jurisdiction whose law grants you additional rights or a different forum, nothing here waives those rights.
14. General
- Changes. We may update these Terms; we will update the "Last updated" date and post the revised version. Material changes affecting active engagements take effect at your next billing cycle.
- Entire agreement. These Terms plus your written proposal are the entire agreement between us.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of assets.
- Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
- Independent contractor. We are an independent contractor, not your employee, partner, or joint venturer.
15. Contact
- Email: sales@aimotion.tech
- Mail: AIMotion, 28 Geary St, Ste 650-1796, San Francisco, CA 94108, USA