These Terms of Service ("Terms") form a binding agreement between CMADE LLC, a Colorado limited liability company ("CMADE," "we," "us," or "our"), and the person or business that accepts them ("Client," "you," or "your"). They govern your access to and use of the cmade.ai website, the CMADE OS / Employee Hub, and the managed AI "employee" services we provide (together, the "Service"). By purchasing, accessing, or using the Service — or by clicking to accept — you agree to these Terms. If you do not agree, do not use the Service. These Terms include a binding individual-arbitration agreement and a class-action and jury-trial waiver (Section 31) and limits on our liability (Section 28); please read them carefully.
AI Transparency Notice
AI can make mistakes — review important outputs before you rely on or send them. CMADE employees are artificial-intelligence systems. They generate messages, calls, bookings, content, and other outputs that can be inaccurate, incomplete, or unexpected. Everything they produce is assistive and non-final, and you are responsible for reviewing outward-facing and material outputs.
By purchasing, accessing, or using the Service, or by clicking to accept, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. You must be at least 18 years old, and if you accept on behalf of a business, you represent that you are authorized to bind that business. The Service is offered for business and commercial use; you acquire it in the course of your business, not primarily for personal, family, or household purposes. If you do not agree, do not access or use the Service.
CMADE designs, builds, deploys, and manages custom AI "employees" (software agents) for small businesses. Depending on the plan and how you configure it, an employee can answer calls, reply to texts and website chat, book appointments, follow up with leads, run advertising, create and post content, produce photo and video ads, send estimates and invoices, assist with bookkeeping, request customer reviews, and answer common questions — all at your direction.
Each employee runs on a dedicated device that is owned and managed by CMADE and provided for your use only. CMADE is a software-and-services provider; we do not sell hardware. Descriptions, features, and figures on cmade.ai are informational, may change, and are subject to these Terms and any signed Client Service Agreement.
Your employee operates under your direction and control. You configure it, set its permissions and guardrails, and decide what it may do; you are solely responsible for supervising it and for all actions it takes on your behalf. The employee acts as your agent, not CMADE's, in performing the tasks you assign.
Automated and AI systems can behave in unexpected, emergent, or unintended ways, and you accept the risks inherent in automation. CMADE is not liable for autonomous, unexpected, or unintended actions of the employee. High-impact actions — including spending, sending, or moving money; running or funding paid advertising; sending bulk or automated calls, texts, or emails; publishing public content; deleting data; and making commitments to third parties — must be governed by limits, approvals, or human review that you establish and maintain, and you are responsible for the consequences of enabling them. You will not rely on the employee, without human review, for any decision of legal, financial, health, or safety significance.
CMADE employees are AI systems that generate messages, calls, bookings, content, and other outputs and may communicate with your customers, prospects, and the public at your direction. AI can and does make mistakes, including inaccurate, incomplete, or unexpected statements. All outputs are assistive and non-final.
As between you and CMADE, you are the sole author, publisher, and principal of every communication your employee makes and are solely responsible for reviewing outward-facing and material outputs before they are sent or relied upon. CMADE does not draft, approve, or endorse the content of any output and is not liable for the content of, or any act or omission arising from, an output — including any claim of defamation, misrepresentation, false advertising, unfair or deceptive practice, breach of contract, or third-party reliance. You will indemnify and hold CMADE harmless against any claim arising from your employee's outputs or communications.
You are the deployer of the AI employee with respect to your customers. You will provide any legally required notice that a person is interacting with an artificial-intelligence system, including as required by the Colorado Artificial Intelligence Act (SB 24-205) and similar laws, and CMADE will make disclosure functionality available for this purpose.
You will not use, or configure the employee to be a substantial factor in making, any "consequential decision" — including decisions materially affecting a consumer's access to or cost of insurance, lending or financial services, employment, housing, education, healthcare, legal services, or essential government services — unless you have independently satisfied all developer and deployer obligations applicable to that use. You represent that your intended use is not high-risk unless you have notified CMADE in writing, and you will indemnify CMADE for claims arising from your high-risk or consequential-decision use.
Your one-time build fee is payment for a service — the custom design, coding, configuration, creation, and deployment of your employee, together with CMADE's build cost. Because the build fee pays for custom work we perform specifically for you, it is earned when we begin that work, and the build fee is non-refundable, except where a non-waivable law requires otherwise. It is not a purchase of software, hardware, or any transferable asset, and it does not convey ownership of the device or the CMADE IP (Section 13). The build fee is charged at signup, and any applicable taxes are additional.
Except where a non-waivable law provides otherwise, all fees and charges already incurred are non-refundable, and completed sales are final. This does not override your right to cancel future automatic renewals (Section 7) and does not waive any remedy that Colorado or federal consumer-protection law makes non-waivable. If you cancel, your subscription remains active through the end of the paid term and does not renew thereafter.
No results guarantee. Any figures, statistics, savings, ROI estimates, conversion rates, response times, or comparisons shown on our website, in our calculators, or in our materials are illustrative estimates for general information only. They are not promises, projections, or guarantees of results, savings, revenue, or performance. Individual results vary and depend on many factors outside CMADE's control. Third-party statistics are attributed to their sources and do not reflect CMADE's own results.
The build fee and each subscription charge are valid, authorized, and — for the build fee and any completed term — non-refundable under these Terms. Before initiating any chargeback, reversal, or payment dispute you agree to first contact us at contact@cmade.ai to resolve it.
Initiating a chargeback or payment reversal for a charge that is valid under these Terms is a material breach. In that event, without limiting our other remedies, we may (a) immediately suspend or terminate the Service and remotely deactivate and wipe your employee, (b) treat all outstanding amounts as immediately due, and (c) recover the disputed amount, any bank or processor fees we incur, and our reasonable costs of collection, including attorneys' fees, to the fullest extent permitted by law. A chargeback does not entitle you to continued use of the Service or to return of any fee that is non-refundable under these Terms. Nothing in this Section limits any right you have to dispute a charge that is not valid under these Terms.
Fees are due when charged. If a charge fails or an amount remains unpaid, we may suspend or disable the Service after notice. Past-due amounts accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is less, and you agree to pay our reasonable costs of collection, including processor fees and attorneys' fees, to the extent permitted by law. Suspension does not relieve you of amounts owed for the current term, and reactivation may require payment of the outstanding balance plus a reasonable reactivation fee.
Title to the device remains with CMADE at all times; you receive possession for use only and acquire no ownership, lien, or security interest. Upon cancellation, expiration, or termination, your CMADE software, employee, security, and monitoring are deactivated and securely wiped, and you must make the device available for collection or return it per our instructions within fourteen (14) days.
If you do not, you authorize CMADE to remotely deactivate, lock, and wipe the device, and you agree that:
You will not sell, pledge, encumber, disassemble, relocate outside the service address without notice, or grant any person rights in the device.
All CMADE software, agent designs, source code, prompts, models, configurations, methods, systems, brand, and content (the "CMADE IP") are the exclusive, proprietary property of CMADE LLC and/or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to use your employee for your business while subscribed. You may not, and may not permit others to, copy, reproduce, reverse-engineer, decompile, extract, resell, sublicense, redistribute, or create derivative works from the CMADE IP, or attempt to access the underlying code or device. Your business data remains yours; the software, agent, and design remain ours. If you provide feedback or suggestions, you grant CMADE a perpetual, royalty-free license to use them without obligation to you.
You will not, and will not permit any person (including your end-customers) to attempt to:
The employee's prompts, instructions, and configuration are CMADE trade secrets; any attempt to extract or misappropriate them is a material breach and misappropriation under the Colorado Uniform Trade Secrets Act (C.R.S. § 7-74-101 et seq.), entitling CMADE to injunctive relief without bond in addition to damages.
Your license is limited to use of one (1) employee for your own internal business operations at the business identified at sign-up. You may not share your CMADE OS / Employee Hub credentials, allow any other business or person to use the employee, operate it on behalf of or for the benefit of third parties, or use it as a service bureau, agency offering, or reseller. Each distinct business or location requires its own subscription. You must keep your Hub credentials confidential and are responsible for all activity under your account.
You are solely responsible for how you configure, direct, and use your employee and for all content and communications it produces at your direction. You will not, and will not direct, permit, or configure your employee to:
You are responsible for anyone you allow to direct your employee. We may investigate suspected violations, suspend the Service, and cooperate with law enforcement.
Any review-request feature may be used only to invite honest reviews from real, verified customers. You and your employee will not create, purchase, incentivize, fabricate, or suppress reviews, will not condition a review request on the customer leaving a positive or specific-star rating, and will not route only satisfied customers to public review ("review-gating"). You are responsible for compliance with the FTC Rule on Consumer Reviews and Testimonials (16 C.F.R. Part 465), the FTC Act, and applicable state law, and you will indemnify CMADE for claims arising from your review practices.
You represent and warrant that, for every phone number, text recipient, and email address you provide or direct CMADE to contact, you have obtained all consents and provided all disclosures required by applicable law (including the TCPA and CAN-SPAM), and that you will honor opt-outs. You direct and supervise how your CMADE employee communicates on your behalf and are solely responsible for the legality of the tasks and campaigns you assign. You will indemnify CMADE against claims arising from communications you authorized.
You are also responsible for the accuracy of the information you provide, for any accounts, credentials, or advertising budgets you connect or fund, and for human review of material decisions and outputs before relying on them. Advertising spend (for example, to Meta or Google) is paid by you, directly, and is not included in CMADE fees.
Appointments, estimates, quotes, prices, invoices, and bookkeeping entries generated by your employee are drafts and records prepared to assist you and are not verified or authorized until you review them. You are responsible for confirming availability, prices, amounts, and terms before they are communicated to a customer or relied upon. Bookkeeping and financial features are recordkeeping aids only, are not accounting, audit, or tax services, and are not a substitute for a licensed professional. CMADE is not liable for booking conflicts, scheduling errors, pricing or quotation errors, invoice or payment errors, or errors or omissions in financial records.
The Service and its outputs are provided for general business-operations purposes only and are not legal, financial, tax, accounting, insurance, investment, medical, or other professional advice, and do not create any professional-client relationship. Do not rely on any output for a decision requiring professional judgment without consulting a qualified, licensed professional.
Where your employee connects to or acts on third-party platforms (including Meta, Google, Square, and messaging or telephony carriers), you are responsible for complying with those platforms' terms, policies, and advertising rules, for the content and targeting of anything published, and for all spend. You authorize CMADE to act on those platforms at your direction and on your behalf. CMADE is independent and not affiliated with or endorsed by any platform, and is not responsible for any platform's acts, outages, fees, policy changes, account reviews, suspensions, terminations, or loss of data or advertising results, including suspensions or penalties arising from your instructions or content.
The Service depends on third parties CMADE does not control, including internet and power providers, telephone and messaging carriers, AI model providers, and platforms such as Meta, Google, and Square. CMADE does not guarantee uninterrupted or error-free operation, that every call, message, or task will be received, answered, delivered, or completed, or any specific level of uptime; availability figures we publish are targets and illustrations, not warranties or a service-level commitment.
CMADE does not guarantee that every call, text, message, lead, or task will be captured, answered, delivered, or acted upon, or that any will be handled within a particular time. You acknowledge that missed or delayed communications can occur for reasons within and outside CMADE's control. To the fullest extent permitted by law, CMADE is not liable for lost business, lost profits, lost revenue, lost opportunities, or business interruption arising from any missed, delayed, or mishandled communication.
CMADE uses redundancy and backups designed to reduce the risk of data loss, but no system can guarantee against loss, corruption, or unavailability of data. The Service and all data are provided AS IS and AS AVAILABLE, without any warranty of data integrity or retention. CMADE is not liable for any loss, corruption, or unavailability of data. You are responsible for maintaining your own copies of business-critical data.
CMADE uses commercially reasonable, industry-standard safeguards (including encryption and access controls) designed to protect the Service. No method of transmission, storage, or security is perfect, and CMADE does not warrant or guarantee that the Service or your data cannot be accessed, breached, or compromised. Security is a shared responsibility, and you agree to maintain the security of your own accounts, credentials, and connected tools. Any uptime, security, or performance figures in our marketing (including illustrative telemetry) are targets and estimates, not guarantees or a service-level commitment. If a security incident affects your data, we will act reasonably and provide any notice required by law.
References to an employee "for life," longevity, device-refresh cycles, or continuous operation describe the Service while your subscription is active and while CMADE offers the Service; they are not a perpetual or lifetime guarantee. All service commitments are contingent on an active, paid subscription and on CMADE's continued provision of the Service, which CMADE may modify or discontinue with reasonable notice as permitted by law.
You may not access or use the CMADE website, OS / Employee Hub, APIs, networks, or devices except as expressly authorized; scrape, harvest, or bulk-collect content or data; circumvent any access control, rate limit, or security measure; or conduct security, penetration, or vulnerability testing without our prior written permission. Unauthorized access may violate the Computer Fraud and Abuse Act and C.R.S. § 18-5.5-102. To report a security issue, contact contact@cmade.ai; good-faith reports made under our responsible-disclosure process will not be pursued.
Except as expressly stated in a signed agreement and to the fullest extent permitted by law, the Service, its software, AI outputs, data, and devices are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. AI systems can produce errors, omissions, or unexpected results. Any results, savings, or figures we present are illustrative estimates only and are not guaranteed; outcomes vary by business. CMADE is an independent company and is not affiliated with, endorsed by, or sponsored by any third-party hardware or platform provider. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
(a) To the fullest extent permitted by law, CMADE's total cumulative liability arising out of or relating to the Service will not exceed the amounts you paid to CMADE for the Service in the twelve (12) months preceding the event giving rise to the claim. CMADE will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility. These limits apply to all theories of liability (contract, tort, statute, or otherwise) and form an essential basis of the bargain.
(b) Carve-outs. Nothing in this Section limits or excludes liability that, under Colorado law, cannot be limited or excluded — including liability for fraud, willful and wanton or grossly negligent conduct, personal injury or death caused by negligence, or any liability a statute makes non-waivable. This Section is a limitation and allocation of risk between parties dealing at arm's length, not a total release, and applies only to the extent Colorado courts will enforce it.
You will indemnify, defend, and hold CMADE LLC and its members, officers, and agents harmless from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: (i) your or your end-customers' data and communications; (ii) the content of, or any act or omission arising from, your employee's outputs and communications; (iii) your failure to obtain required consents or honor opt-outs; (iv) your review, messaging, or advertising practices; (v) your configuration, direction, or use of the Service, including any high-risk or consequential-decision use; and (vi) your violation of law or of these Terms, to the extent permitted by law.
We may, immediately and without liability, suspend or terminate the Service and remotely disable the employee if we reasonably believe you have violated the Acceptable Use, AI Integrity, intellectual-property, or payment terms, or where necessary to protect the Service, other clients, third parties, or CMADE. We may monitor and audit use of the Service as reasonably necessary to operate it, ensure security, and verify compliance. Termination for cause does not entitle you to any refund, and fees already incurred remain payable.
The following survive any termination or expiration: the provisions on Fees, Refunds & No Results Guarantee; Chargebacks & Payment Disputes; Non-Payment & Collections; the Device and its return; Intellectual Property; AI Integrity & Data Isolation; Authorized Use; AI Output & Communications; Consequential Decisions; Acceptable Use; Indemnification; Disclaimer of Warranties; Limitation of Liability; Dispute Resolution; and Governing Law — together with any other provision that by its nature should survive.
Please read this Section carefully — it affects how disputes are resolved and requires individual arbitration for most disputes. Except for the excluded claims below, any dispute arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, administered by a recognized arbitration provider (for example, the American Arbitration Association or JAMS) under its applicable consumer or commercial arbitration rules, seated in or serving Pueblo County, Colorado, and governed by the Federal Arbitration Act. The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver below. Arbitration fees and costs are governed by the arbitration provider's rules.
Excluded claims. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or unauthorized use of its intellectual property, trade secrets, or confidential information.
YOU AND CMADE WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
If the class-action waiver is found unenforceable as to a particular claim, that claim will be severed and heard in a court of competent jurisdiction in Pueblo County, Colorado, and the remaining claims will proceed in arbitration.
30-day opt-out. You may opt out of this arbitration agreement by written notice to contact@cmade.ai within 30 days of first accepting these Terms; opting out does not affect the other provisions of these Terms. Any claim must be brought within one (1) year after it arises or it is permanently barred, except where a longer period is required by non-waivable law. Nothing in this Section waives any right that applicable consumer-protection law makes non-waivable.
Our handling of personal data is described in our Privacy Policy, which is incorporated by reference. Where the Service processes personal data on your behalf, we act as your processor under a data processing agreement, and you are the controller responsible for the lawfulness of that processing.
These Terms, together with the Privacy Policy and any signed Client Service Agreement, are the entire agreement between you and CMADE and supersede all prior versions and communications. If there is a conflict, a signed Client Service Agreement controls first, then these Terms, then all other materials. Marketing pages, brochures, and prior documents are informational and do not modify these Terms. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions stay in full effect.
You may not assign or transfer these Terms, your account, or your subscription without CMADE's prior written consent; CMADE may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets. Our failure to enforce any provision is not a waiver of our right to enforce it later. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between CMADE and you. Notices to you may be given through the Service or sent to the email or account you have on file; notices to CMADE must be sent to contact@cmade.ai. Section headings are for convenience only, and "including" means "including without limitation."
We may update these Terms from time to time and will post the current version with a new effective date. Material changes will be noticed as required by law; your continued use after changes take effect constitutes acceptance. Changes do not apply retroactively to a dispute of which we had notice before the change.
CMADE is not liable for any delay or failure to perform caused by events beyond its reasonable control, including internet, power, carrier, or platform outages; AI-provider disruptions; acts of God; natural disaster; fire; labor disputes; war; terrorism; civil unrest; governmental action; pandemic; or cyberattack.
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. Subject to the arbitration provision in Section 31, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Pueblo County, Colorado.
Questions about these Terms? Reach us any time.
CMADE LLC
Pueblo, Colorado, USA
Email: contact@cmade.ai
Phone: 719-431-3050
Web: cmade.ai