Terms of Service | Monticello Solutions

Agreement to Terms

Welcome to Monticello Solutions LLC ("Monticello," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, products, and AI-powered business solutions (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

Privacy Policy: For information about how we collect, use, and protect your personal data, please review our Privacy Policy.

Important: Please read these Terms carefully before using our Services. Your continued use of our Services constitutes acceptance of these Terms and any future modifications.

SMS/Text Messaging Terms

Types of Messages You Will Receive

By providing your phone number and consenting to receive text messages from Monticello Solutions LLC, you agree to receive the following types of messages:

  • Transactional Messages: Assessment results, service updates, appointment reminders, scheduling confirmations, order confirmations, and account notifications
  • Operational Messages: Order updates, system status notifications, and important service communications
  • Support Messages: Responses to your inquiries and customer service communications

Message frequency varies depending on your interactions with our Services and the nature of your business relationship with us.

Information Sharing and Third Parties

No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services (e.g., customer service) is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

How to Unsubscribe from SMS Messages

You can cancel the SMS service at any time. Just text "STOP" to any message you receive from us. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Getting Help with SMS Messages

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or 1-866-612-3006.

Message and Data Rates

Message and data rates may apply for any messages sent to you from us and to us from you. The number of messages you receive will vary depending on your interactions with our Services. If you have any questions about your text plan or data plan, please contact your wireless provider.

Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages. Monticello Solutions LLC and mobile carriers are not responsible for any delays in the receipt of SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an "as is" basis, and we make no warranty, express or implied, regarding the reliability, accuracy, or timeliness of message delivery.

Definitions

  • "Services" refers to all products, services, websites, applications, and AI-powered business solutions provided by Monticello Solutions.
  • "Client" or "You" refers to the individual or entity that has engaged with our Services.
  • "Content" refers to any information, data, text, software, code, or other materials accessible through our Services.
  • "Account" refers to your registered account with Monticello Solutions.

Use of Services

Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

Service Delivery and Implementation

Implementation Timeline

Standard implementation of AI automation systems and workflows typically requires thirty to sixty (30-60) days from the date services commence. Actual timelines may vary depending on project complexity, scope, and client responsiveness.

Client Responsibilities and Cooperation

Successful implementation of our Services requires active client participation and timely cooperation. Clients are required to:

  • Provide access to necessary systems, platforms, and accounts, including but not limited to CRM systems (such as GoHighLevel), email accounts (Gmail), payment processors, and any other integrated platforms
  • Supply account credentials, API keys, and administrative access as needed
  • Provide requested information, documentation, and business process details within ten (10) business days of request
  • Designate a primary point of contact for project communications
  • Review and approve deliverables in a timely manner
  • Ensure accuracy and completeness of all information provided

Delays and Non-Cooperation

If a client fails to provide necessary information, access, or cooperation within ten (10) business days of our request, Monticello Solutions LLC reserves the right to:

  • Pause implementation until required materials are received (without extending agreed-upon deadlines)
  • Terminate the agreement and retain all fees paid to date
  • Charge additional fees for extended timelines caused by client delays

Monticello Solutions LLC shall not be held liable for delays or failures in service delivery caused by client non-cooperation, late responses, or failure to provide required access or information.

System Integrations

Our Services commonly integrate with third-party platforms including but not limited to:

  • Customer Relationship Management (CRM) systems, primarily GoHighLevel
  • Email platforms (Gmail and others)
  • Payment processing systems
  • Other business software and APIs as required by client needs

Clients are responsible for maintaining active subscriptions and accounts with all third-party platforms required for system functionality. Monticello Solutions LLC is not responsible for changes, outages, or issues with third-party platforms beyond our control.

Payment Terms

Fee Structure

Monticello Solutions offers various service packages, which may include:

  • One-Time Implementation Fee: A non-refundable fee charged for the initial setup, development, and deployment of AI automation systems and workflows.
  • Website & Chatbot Package: A one-time fee of $1,000 for website design and chatbot implementation. This fee is non-refundable once the website and chatbot are live.
  • Monthly Retainer: An ongoing monthly fee for continued support, maintenance, updates, and optimization of implemented systems.

Specific pricing and package details will be outlined in your service agreement. All fees are subject to change, and we reserve the right to modify our pricing structure with reasonable notice to existing clients.

Payment Schedule

The one-time implementation fee is due prior to commencement of services. Monthly retainer fees are billed in advance on a recurring basis.

Refund Policy

All one-time fees, including implementation fees and website/chatbot packages, are non-refundable once services have commenced or deliverables have been provided. Monthly retainer fees are non-refundable for the current billing period but can be canceled for future periods as described in the Cancellation section below.

Late Payment

If payment is not received within five (5) days of the due date, we reserve the right to suspend or terminate your access to the Services until payment is received. Late payments may be subject to additional fees as outlined in your service agreement.

Cancellation of Monthly Retainer

Clients may cancel their monthly retainer at any time without penalty. Upon cancellation:

  • The monthly retainer will cease at the end of the current billing period
  • All ongoing support, maintenance, and updates will be discontinued
  • Clients retain ownership of all completed work and may request file transfers (e.g., HTML files, workflow documentation)
  • Monticello Solutions will disconnect from all integrated systems and cease monitoring or maintaining workflows
  • No refunds will be issued for the current or any prior billing periods

Cancellation During Implementation

If a client cancels services during the implementation phase (before the 30-60 day implementation period is complete), the one-time implementation fee remains non-refundable. No monthly retainer will be charged as the implementation was not completed.

Scope of Services and Monthly Retainer

What's Included

Our Services include the design, development, and implementation of custom AI-powered automation workflows and systems tailored to each client's specific business needs. The exact scope of work will be defined in your service agreement and may include:

  • AI agent workflow development
  • Business process automation
  • System integrations and API connections
  • Custom solutions to address specific operational challenges

Monthly Retainer Services

Clients who maintain an active monthly retainer receive ongoing support, including:

  • System maintenance and monitoring
  • Updates and optimizations to existing workflows
  • Technical support for implemented systems
  • Bug fixes and issue resolution (for issues within our control)
  • Performance monitoring and troubleshooting
  • Continued access to our support team

Additional Services

Services or work beyond the originally agreed-upon scope may be subject to additional fees. Change requests, scope expansions, or additional workflow development will be quoted separately and require client approval before commencement.

Website and Chatbot Package

Our Website and Chatbot Package includes custom website design and development, AI-powered chatbot implementation, and website hosting setup. Clients who purchase this package may upgrade to our full automation system and monthly retainer services. The $1,000 website/chatbot fee is separate from and not credited toward the full system implementation fee.

Intellectual Property and Ownership

Ownership of Completed Work

Upon completion of implementation and full payment of all fees, clients own the AI automation systems, workflows, and custom solutions developed specifically for them. This includes custom workflow configurations, automation sequences, integration setups, and website and chatbot implementations (if applicable).

Ownership During Active Retainer

While clients maintain an active monthly retainer, clients retain ownership of all completed systems and workflows. Monticello Solutions LLC maintains access to systems for purposes of support, maintenance, and optimization, and actively monitors, maintains, and improves client systems as part of retainer services.

Ownership After Retainer Cancellation

Upon cancellation of the monthly retainer:

  • Clients retain full ownership and access to all completed work
  • Monticello Solutions LLC will provide file transfers (such as HTML files, documentation, or workflow exports) upon request
  • Monticello Solutions LLC will disconnect from all integrated systems and remove administrative access
  • All maintenance, support, monitoring, and update services will cease
  • Clients assume full responsibility for ongoing operation and maintenance of systems

Monticello Solutions LLC Intellectual Property

Monticello Solutions LLC retains all rights to our proprietary methodologies, frameworks, templates, and general business processes. While clients own their specific implementations, we reserve the right to reuse general concepts, methods, and approaches for other clients.

Client Content and Data

You retain all rights to any content, data, or materials you provide to us ("Client Content"). By providing Client Content, you grant us a limited, non-exclusive license to use such content solely for the purpose of providing our Services to you. This license terminates upon completion or cancellation of services.

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services in any manner that could disable, overburden, damage, or impair our systems
  • Attempt to gain unauthorized access to any portion of the Services
  • Use automated systems (bots, scrapers, etc.) without our express written permission
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Use the Services to transmit viruses, malware, or any other malicious code
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

Service Availability and Modifications

We strive to provide reliable and continuous access to our Services. However, we do not guarantee that our Services will be available at all times or that they will be uninterrupted, secure, or error-free. System availability may be affected by third-party platform outages or maintenance, internet service disruptions, scheduled maintenance windows, or force majeure events.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and will make reasonable efforts to notify clients of significant changes that may impact their systems.

We may update these Terms from time to time. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

Warranties, Disclaimers, and Limitations

Service Warranty

Monticello Solutions LLC warrants that we will provide Services in a professional and workmanlike manner consistent with industry standards. We will use commercially reasonable efforts to deliver functional AI automation systems that operate as designed.

No Results Guarantee

MONTICELLO SOLUTIONS LLC DOES NOT GUARANTEE SPECIFIC BUSINESS RESULTS, OUTCOMES, OR PERFORMANCE METRICS. While we design systems to improve operational efficiency and business performance, actual results will vary based on numerous factors including client business practices, market conditions, quality of data provided, third-party platform performance, and user adoption.

System Maintenance and Repairs

For clients with an active monthly retainer, Monticello Solutions LLC is obligated to fix bugs, errors, or malfunctions in systems we developed (provided the issue is within our reasonable control), address issues caused by updates to integrated platforms (when feasible), and maintain system functionality as originally designed.

Limitations on Maintenance Obligations

Monticello Solutions LLC is NOT obligated to fix or resolve issues that are:

  • Caused by third-party software, platforms, or AI services beyond our control (including but not limited to OpenAI, Anthropic, or other AI providers experiencing outages or technical issues)
  • The result of changes or modifications made by the client or third parties without our involvement
  • Due to client violation of terms of service with integrated platforms
  • Caused by client's failure to maintain required subscriptions or accounts

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONTICELLO SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Monticello Solutions and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your violation of any rights of another party, or your Client Content.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in St. Louis, Missouri.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Monticello Solutions individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Monticello Solutions. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Monticello Solutions shall not be responsible or liable for any damage or loss caused by your use of any such third-party content, goods, or services.

Termination

Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease.

Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Effect of Termination

Upon termination, all licenses granted to you will immediately terminate and you must cease all use of the Services. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

General Provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Monticello Solutions LLC regarding the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us at:

Monticello Solutions LLC
Email: [email protected]
Phone: 1-866-612-3006

Acknowledgment: By using our Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not use our Services.