Terms of Service

Last updated: February 12, 2025

These Terms of Service (the “Terms”) constitute a legally binding agreement between CRUSH DIGITAL ATELIER LLC (“Company,” “we,” “us,” or “our”) and you (“Customer,” “you,” or “your”) governing your use of the GhostBro service.

BY SUBSCRIBING TO GHOSTBRO, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

1. Service Description

1.1 What GhostBro Is

GhostBro is a technical infrastructure service that provides:

• Deployment of a dedicated AI agent on isolated server infrastructure
• Installation and configuration of AI software tailored to your specifications
• Access channels (WhatsApp, Telegram, Email)
• Ongoing technical maintenance, updates, and improvements
• Technical support and monitoring
• Security measures and regular backups

1.2 What GhostBro Is NOT

GhostBro is not any of the following:

• A decision-making service or autonomous agent acting on its own authority
• A business, legal, financial, medical, or professional advisory service
• A guarantee of specific business outcomes, revenue, or results
• A substitute for human judgment, oversight, or professional expertise
• A managed service where we supervise, review, or approve what your agent does

The Company provides the technical infrastructure only. You are solely responsible for how you use the service, the instructions you provide to your AI agent, and the outputs it produces.

1.3 AI Limitations Acknowledgment

You acknowledge and understand that:

• AI systems are probabilistic and can produce incorrect, incomplete, biased, or misleading outputs
• AI-generated content may inadvertently reproduce or resemble copyrighted material
• AI outputs should never be relied upon without independent human verification
• AI technology is evolving rapidly and may behave unpredictably in certain situations
• The underlying AI models are provided by third parties (OpenAI, Anthropic, etc.) and their capabilities, limitations, and policies may change without notice

2. Acceptance of Terms

By using GhostBro, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into binding contracts
• You will use the service in compliance with all applicable laws and regulations
• All information you provide to us is accurate, current, and complete
• You will promptly update your information if it changes

If you are using the service on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and such entity.

3. Free Trial

3.1 Trial Period

New customers may access a 7-day free trial before committing to a paid subscription. Due to the personalized deployment process, only one (1) trial slot is available per week, processed on a first-come, first-served basis.

3.2 Trial Limitations

The trial provides full access to the GhostBro service. We reserve the right to modify trial features, duration, or availability at any time without prior notice.

3.3 Trial Conversion

At the end of the trial period:

• You may subscribe to the paid monthly plan, in which case the first payment will be charged at the end of the trial period
• You may cancel without any charge, obligation, or penalty
• If no action is taken and no payment method is on file, your trial instance will be deactivated

4. Subscription and Pricing

4.1 Base Subscription

The GhostBro service is €79 per month (exclusive of applicable taxes). This price includes:

• AI agent customized to your business
• €5 of AI credits included per month
• 24/7 access via WhatsApp or Telegram
• Human support included

4.2 AI Credits and Usage

Each subscription includes €5 of AI credits per month. Credits do not roll over from one month to the next. Beyond the included credits, the Customer may purchase additional credits (top-up) via Stripe from their dashboard. AI consumption is transparent and can be monitored at any time. Most users stay under €5/month in AI consumption.

4.3 Payment Processing

All payments are processed exclusively via Stripe, a PCI-DSS Level 1 certified payment platform. We never store your credit card information on our servers.

4.4 Billing Cycle

Billing is monthly in advance. The first charge occurs at the end of the free trial (if applicable) or immediately upon direct subscription.

4.5 Invoices

A detailed invoice is automatically generated after each payment and sent to your registered email address.

4.6 Failed Payments

In case of payment failure:

• You will be notified by email within 24 hours
• You have 7 calendar days to resolve the payment issue
• After 7 days without resolution, the service may be suspended without further notice
• Your data is retained for 30 days after suspension to allow reactivation
• After 30 days of suspension, operational data may be permanently deleted

4.7 Price Changes

We may adjust pricing for the service. For any price increase:

• Email notification at least 60 days in advance
• The new price applies only on your next renewal date after the notice period
• You may cancel without penalty before the new price takes effect

5. Term and Termination

5.1 Subscription Term

The subscription is month-to-month with no long-term commitment. It automatically renews each month unless cancelled.

5.2 Cancellation by Customer

You may cancel your subscription at any time, with no notice period, no cancellation fees, and no questions asked. Email: eric@crushhh.co. Service remains accessible until the end of your current paid billing period.

5.3 Termination by Company

We reserve the right to suspend or terminate your subscription immediately for: material violation of these Terms, fraudulent or illegal use, activities that harm our systems, repeated payment failures. Unless immediate action is required, we will provide at least 7 days' written notice.

5.4 Effect of Termination

Upon termination: your access ceases, you may request a data export within 30 days, after 30 days operational data is permanently deleted.

6. Your Responsibilities and Obligations

6.1 Compliance with Law

You are solely responsible for ensuring that your use of GhostBro complies with all applicable laws, including data protection, anti-spam, intellectual property, employment, and consumer protection laws.

6.2 Prohibited Uses

You agree not to use GhostBro for:

• Illegal activities, fraud, scams, phishing
• Spam, unsolicited bulk communications
• Malware, harmful content
• Content that infringes third-party rights
• Hacking or reverse-engineering our systems
• Reselling or sublicensing access
• Impersonation or identity theft
• Providing unlicensed professional advice

6.3 Account Security

You are responsible for maintaining the security of your credentials, all activities under your account, and notifying us of any unauthorized access.

6.4 Content Responsibility

You are solely responsible for all content you provide, all actions your AI agent takes, and all consequences of using AI-generated content. We do not monitor, review, or approve content.

6.5 Third-Party Data

If you process personal data of third parties: you must have proper legal authorization, comply with data protection laws, and inform data subjects of AI processing where required. You are the Data Controller/Business; we are the Data Processor/Service Provider.

7. Our Responsibilities and Obligations

7.1 Service Provision

We will use commercially reasonable efforts to deploy, configure, maintain, and secure your AI agent infrastructure.

7.2 Service Level

We do not guarantee 100% uptime or error-free operation. No SLA is provided unless separately agreed in writing.

7.3 No Content Monitoring

We do not monitor, review, or approve your conversations or AI-generated content.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties including: accuracy of AI outputs, uninterrupted service, security guarantees, specific business results, merchantability, fitness for a particular purpose, non-infringement.

AI SYSTEMS ARE PROBABILISTIC AND CAN PRODUCE INCORRECT, INCOMPLETE, BIASED, OR HARMFUL OUTPUTS. YOU MUST EXERCISE INDEPENDENT JUDGMENT AT ALL TIMES.

Some jurisdictions do not allow the exclusion of certain warranties. The above exclusions apply to the maximum extent permitted by law.

9. Limitation of Liability

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Our total aggregate liability shall not exceed the greater of $300 USD or the total amount you paid us in the 6 months preceding the claim.

We are not liable for: AI-generated content issues, your actions and instructions, third-party service failures, data loss despite reasonable efforts, failure to achieve expected results.

Some jurisdictions do not allow certain limitations. These apply to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify and hold harmless CRUSH DIGITAL ATELIER LLC from claims arising from your use of the service, your violations, and third-party claims. Consumer limitation: applies only to the extent permitted by mandatory consumer protection laws.

11. Data and Privacy

11.1 Data Isolation

Each GhostBro instance operates on a dedicated, logically isolated server with no data sharing between customers.

11.2 Data Protection

We implement industry-standard security measures including encryption, firewalls, backups, access controls, and monitoring.

11.3 Data Ownership

You own your data. We do not claim ownership of your data or AI-generated content.

11.4 Data Retention

During subscription: all data retained. After cancellation: 30 days retention, then permanent deletion. Billing records: up to 10 years.

11.5 Data Export

You may request a complete export at any time during your subscription or within 30 days of cancellation. Contact: eric@crushhh.co

11.6 Privacy Policy

See our Privacy Policy for detailed information.

11.7 Data Processing

You are the Data Controller (GDPR) / Business (CCPA). We are the Data Processor / Service Provider. A DPA is available upon request.

12. Intellectual Property

12.1 Our IP Rights

GhostBro technology, trademarks, and proprietary methods remain our exclusive property.

12.2 AI-Generated Content

We do not claim ownership of AI-generated content. However, we cannot guarantee originality or non-infringement. You are responsible for reviewing and verifying all AI outputs.

12.3 No Reverse Engineering

You may not reverse engineer, decompile, or create derivative works based on our technology.

12.4 Feedback

Any feedback you provide grants us a perpetual, royalty-free license to use and incorporate it.

13. Third-Party Services

GhostBro integrates with third-party services (Hetzner, Stripe, OpenAI/Anthropic, ElevenLabs, WhatsApp/Telegram, Vercel). Your use is subject to their respective terms. We are not responsible for third-party failures or changes.

14. Modifications to Terms

We may modify these Terms with 30 days' email notice for material changes. Continued use after changes constitutes acceptance.

15. Force Majeure

We are not liable for failures caused by events beyond our reasonable control. If the event continues for more than 60 days, either party may terminate.

16. Assignment

You may not assign your subscription without our consent. We may assign in connection with mergers or acquisitions.

17. No Waiver

Failure to enforce a provision does not constitute a waiver.

18. Severability

If any provision is found invalid, the remaining provisions remain in full force.

19. Entire Agreement

These Terms constitute the entire agreement regarding the GhostBro service.

20. Notices

All notices to the Company:

• Email: eric@crushhh.co
• Address: CRUSH DIGITAL ATELIER LLC, 30 N Gould St Ste N, Sheridan, WY 82801, United States

21. Governing Law and Dispute Resolution

21.1 Governing Law

Laws of the State of Wyoming, United States.

21.2 Jurisdiction

Business customers: Sheridan County, Wyoming courts. Consumer customers: may bring disputes in local courts where mandatory consumer protection laws provide such right.

21.3 Informal Resolution

Before filing legal action, both parties agree to attempt good-faith informal resolution for at least 30 days.

21.4 Class Action Waiver

To the fullest extent permitted by law, you agree to resolve disputes on an individual basis only.

21.5 Consumer Protection

Nothing in these Terms limits rights provided by mandatory consumer protection laws.

21.6 Time Limitation

Claims must be filed within one (1) year after the cause of action accrues.

22. Specific Jurisdictional Provisions

22.1 California Customers

Under California Civil Code Section 1789.3, complaints may be directed to: California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

22.2 Canadian Customers (PIPEDA)

We comply with PIPEDA and applicable provincial privacy legislation. File complaints with the Office of the Privacy Commissioner of Canada: https://www.priv.gc.ca

22.3 Quebec Customers

Certain mandatory consumer protection provisions under the Quebec Consumer Protection Act may apply and override conflicting provisions.

23. Contact

• Email: eric@crushhh.co
• Address: CRUSH DIGITAL ATELIER LLC, 30 N Gould St Ste N, Sheridan, WY 82801, United States
• Support hours: Monday through Friday, 9:00 AM to 5:00 PM Eastern Time

24. Acknowledgment and Acceptance

BY USING GHOSTBRO, YOU ACKNOWLEDGE THAT: you have read these Terms, you agree to be bound by them, you understand AI limitations, you accept sole responsibility for how you use the service, and you understand our liability is limited.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE GHOSTBRO.