These Terms & Conditions govern your access to pelagova.com and any services provided by Pelagova. By using this website or engaging Pelagova for services, you agree to these terms in full. If you are entering into this agreement on behalf of a business entity, you represent that you have authority to bind that entity.
Services
Pelagova designs and deploys custom automation systems for service businesses. Services may include, but are not limited to:
- AI voice agent deployment — inbound call handling, lead qualification, and appointment booking
- Missed call text-back automation
- AI-assisted messaging and lead follow-up sequences
- Workflow automation for scheduling, confirmations, reminders, and collections
- Pipeline management and CRM integration
- Business reporting and operations dashboards
Each engagement is scoped individually. The specific deliverables, timeline, and pricing for your project are defined in a separate written agreement or Statement of Work, which is incorporated into these Terms by reference.
Client Responsibilities
To receive services, you agree to:
- Provide accurate and complete information about your business and operations
- Grant Pelagova access to the software, platforms, and accounts required to build your systems
- Designate a point of contact authorized to make decisions and approvals on behalf of your business
- Respond to requests for information or review within a reasonable timeframe
- Comply with all applicable laws in connection with your use of systems Pelagova builds, including consumer communication laws (TCPA, CAN-SPAM, applicable state regulations)
- Obtain all required consents from your customers before automated communications are sent on your behalf
You remain solely responsible for the content, accuracy, and legal compliance of all communications sent through systems Pelagova builds for you.
Fees & Payment
Fees are specified in your individual agreement. Unless otherwise stated in writing:
- Payment amounts, terms, and schedules are defined per engagement
- Invoices are due within 14 days of issuance
- Fees for work already completed are non-refundable
- Pelagova reserves the right to pause services for accounts materially overdue
- Any disputed charges must be raised in writing within 10 days of the invoice date
Intellectual Property
You retain full ownership of your business data, customer lists, contact information, brand assets, and any content you provide for use in automation systems.
Pelagova retains ownership of its proprietary tools, frameworks, methodologies, templates, and all pre-existing intellectual property used to deliver services.
Upon receipt of full payment, you receive a license to use the systems and automations built specifically for your engagement. Specific ownership terms for custom-developed components are governed by your individual agreement.
Confidentiality
Each party agrees to keep confidential any non-public information disclosed during the engagement — including business operations, pricing, customer data, technical specifications, and system design. Neither party will disclose this information to third parties without written consent, except as required by law.
This obligation survives termination of the engagement for a period of two (2) years.
Third-Party Services
Pelagova builds systems that connect with third-party platforms — CRMs, phone systems, scheduling tools, AI providers, and others. You acknowledge that:
- Third-party services are governed by their own terms of service and privacy policies
- Pelagova is not responsible for the uptime, performance, data handling, or policy changes of any third-party service
- You are responsible for maintaining valid accounts, licenses, and billing with any third-party services required for your systems
- If a third-party service discontinues a feature or changes its API, Pelagova will work in good faith to adapt, but makes no guarantee of continuity
AI & Automated Communications
Systems built by Pelagova may include AI-powered voice agents, automated SMS messages, and automated email sequences. You acknowledge and agree that:
- AI agents may occasionally produce errors and should not replace human judgment in consequential decisions
- You are solely responsible for ensuring all automated communications comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and state-level consumer protection statutes
- Pelagova is not liable for regulatory violations, fines, or penalties arising from your use of communication systems we build
- You will promptly notify Pelagova of any regulatory inquiries or complaints related to systems we have built
Disclaimer of Warranties
Services are provided "as is" and "as available." Pelagova makes no warranty — express or implied — regarding fitness for a particular purpose, merchantability, or uninterrupted operation. Pelagova does not guarantee specific business outcomes, including call volume, conversion rates, or revenue impact. Results depend on factors outside Pelagova's control, including market conditions, your team's engagement, and third-party platform performance.
Limitation of Liability
To the maximum extent permitted by applicable law:
- Pelagova's total liability for any claim arising from services is limited to the total fees paid by you in the three (3) months immediately preceding the event giving rise to the claim
- Pelagova is not liable for indirect, incidental, consequential, special, or punitive damages — including lost revenue, lost profits, lost data, or business interruption — even if advised of the possibility of such damages
- These limitations apply regardless of the legal theory under which a claim is brought
Term & Termination
Ongoing engagements may be terminated by either party with thirty (30) days written notice.
Pelagova may terminate immediately if you:
- Materially breach these Terms and fail to cure within ten (10) days of written notice
- Engage in conduct that exposes Pelagova to legal or reputational harm
- Fail to make payment when due after reasonable notice
Upon termination, you remain responsible for fees for all work completed prior to the termination date. System access and handover will be handled as specified in your individual agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Pelagova and its personnel from any claims, damages, fines, or expenses (including reasonable legal fees) arising out of:
- Your use of systems or services provided by Pelagova
- Your violation of these Terms or any applicable law
- Automated communications sent through your systems that violate consumer protection laws
- Claims by your customers related to services your business provides
Governing Law & Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in New York, and both parties consent to that jurisdiction.
Before initiating formal proceedings, both parties agree to make a good-faith effort to resolve disputes through direct negotiation for at least thirty (30) days.
Changes to These Terms
Pelagova may update these Terms from time to time. We will post the revised Terms on this page with an updated effective date. If you have an active engagement with Pelagova, we will notify you of material changes. Continued use of our services after the effective date constitutes acceptance of the updated Terms.
If you have questions about these Terms, contact us before engaging our services.
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