Effective Date: March 28, 2026
These Terms of Service (“Terms”) govern your access to and use of the services provided by MarketMuffins LLC (“MarketMuffins,” “we,” “us,” or “our”), including AI-powered calling agents, chat tools, automation tools, messaging workflows, and related services (collectively, the “Services”). By purchasing, accessing, or using the Services, you agree to these Terms.
The business provides AI-powered calling agents, chat tools, automation tools, and related business communication services designed to help businesses respond to inquiries, support workflows, capture leads, and automate certain customer interactions.
AI systems may generate errors, inaccuracies, omissions, unexpected outputs, or undesirable responses. You acknowledge that AI-generated content and communications are not guaranteed to be accurate, complete, or appropriate for every situation. You are solely responsible for reviewing and validating AI outputs before relying on them.
We do not guarantee uninterrupted availability, uptime, speed, accuracy, or performance of the Services. Outages, maintenance, degraded service, cyberattacks, provider interruptions, and unexpected failures may occur at any time and without notice.
The Services rely on third-party providers and infrastructure, which may include providers such as Telnyx, Stripe, hosting providers, email providers, analytics providers, artificial intelligence model providers, and related vendors. We are not liable for outages, delays, failures, degraded service, errors, or data issues caused by third-party systems.
We are not responsible for missed calls, failed messages, dropped interactions, delayed responses, routing errors, lost leads, inaccurate outputs, or any business impact resulting from AI behavior, service errors, or communication failures.
You are solely responsible for your use of the Services and for compliance with all applicable laws, regulations, and industry requirements, including those relating to TCPA compliance, telemarketing, telecommunications, privacy, consumer protection, call recording, and customer communications.
You are also responsible for the accuracy of the information, scripts, prompts, instructions, business details, and content you provide to MarketMuffins.
For any messaging-related functionality, required compliance workflows such as opt-in, HELP, STOP, START, and opt-out handling must be followed where applicable. You are solely responsible for lawful message content, lawful campaign setup, consent collection, and compliance with carrier, telecom, and legal requirements.
Any payments, deposits, subscriptions, cancellation policies, refunds, service fees, or billing terms are governed by the applicable checkout page, invoice, contract, subscription agreement, posted business policy, or other written agreement provided at the time of purchase or service booking.
Subscription fees, setup fees, taxes, usage-based fees, and other authorized charges may apply where applicable. Billing terms may vary based on the selected service, plan, provider, or agreement.
Failed, disputed, reversed, expired, or late payments may result in suspension, restriction, cancellation, or termination of access to the Services where applicable.
Unless otherwise stated in writing, payments are non-refundable except where required by law.
Any Subscription will automatically renew at the end of each billing period unless canceled before the next renewal date. By subscribing, you authorize recurring charges to your payment method for the selected plan until cancellation.
Under Subscription plans we may change pricing, plans, or features prospectively by posting updated pricing or otherwise notifying you. Any pricing changes will apply to future billing periods and not retroactively.
Cancellation stops future renewals only and does not create a refund for any current or already-billed billing period. Where self-service cancellation is available, you may cancel through that method. You may also contact MarketMuffins using the contact method listed on our website for subscription support.
This section applies only to MarketMuffins, HVAC Dialer, or other businesses using a MarketMuffins-powered subscription plan that expressly includes monthly AI interaction limits or recharge/top-up terms. If the business does not use one of these MarketMuffins-powered subscription plans, this section does not apply.
An “AI interaction” means one AI-handled or AI-supported interaction through the Services. This may include, without limitation, an inbound call handled or partially handled by the AI calling agent, an SMS message sent or received through supported workflows, or a chatbot session. For chatbot usage, each chatbot session counts as one AI interaction.
Recharge/top-up interactions are applied to the current billing cycle only. Unused recharge/top-up interactions expire at the end of the current billing cycle and do not roll over unless otherwise stated in writing.
Calling service may remain active after included usage is reached, but texting, chatbot functionality, CRM-related automation, or other usage-sensitive features may be paused, restricted, throttled, or limited until the account renews or a recharge/top-up is added.
Usage above included limits may result in service restriction, temporary throttling, plan upgrade requirements, suspension, or limitation of certain functionality, in the provider’s sole discretion. MarketMuffins may notify you when you are approaching or have exceeded included usage.
MarketMuffins reserves the right to review unusually high-volume, abusive, automated, fraudulent, or commercially unreasonable usage and to require migration to a different plan, custom pricing, or suspension of service.
This section applies only when a customer purchases or uses the HVAC Dialer Pay-Per-Appointment Add-On. The HVAC Dialer Pay-Per-Appointment Add-On is an add-on service and does not mean that MarketMuffins or HVAC Dialer generates, sells, guarantees, or provides leads. The customer remains responsible for generating their own calls, website traffic, advertising traffic, customer inquiries, and lead sources.
HVAC Dialer helps answer, qualify, follow up with, confirm, and book appointments from customer inquiries that come through supported channels. A booked appointment is billable when HVAC Dialer captures or confirms an appointment through supported workflows, which may include AI phone calls, AI chatbot booking, calendar booking, customer-confirmed SMS workflows where available, CRM/webhook appointment updates where connected, email confirmation to the business owner, or other supported booking flows.
The HVAC Dialer Pay-Per-Appointment Add-On requires a one-time activation fee of $199. The first two booked appointments after activation are included at no additional charge. After the included appointments are used, booked appointments are charged at the then-applicable pay-per-appointment rate. The introductory rate is $75 per booked appointment for booked appointments up to the monthly threshold. Booked appointments after the monthly threshold may be charged at a reduced volume rate of $50 per booked appointment. Standard future pricing may be $99 per booked appointment unless otherwise stated in writing or could increase further depending on other factors.
For the current introductory structure, booked appointments numbered one through five within a calendar month are treated as the standard monthly appointment tier, subject to any remaining included free appointments. Booked appointments numbered six and above within the same calendar month may qualify for the reduced volume rate. Included free appointments are account-level promotional appointments and do not renew every month unless otherwise stated in writing.
Before charging a saved payment method for a billable booked appointment, HVAC Dialer may send a notice email to the business owner with appointment details and the scheduled charge amount. Unless the customer raises a billing concern before the review window ends, the saved payment method may be charged automatically after the review window. Failed, disputed, expired, unavailable, or declined payment methods may result in feature restriction, pausing, suspension, or termination of HVAC Dialer Pay-Per-Appointment functionality.
SMS functionality is available only where texting is enabled and approved. A sent SMS alone does not necessarily constitute a billable booked appointment. A customer-confirmed SMS appointment, where supported and approved, may count as a booked appointment. Calendar failures, CRM failures, or email delivery issues do not automatically remove billing responsibility if the appointment was otherwise captured, confirmed, or communicated through a supported workflow.
HVAC Dialer may include AI calling, chatbot support, Premium Voice, calendar workflows, email confirmations, CRM/webhook workflows, local visibility support, and related automation features as part of the add-on, but features may vary based on setup status, telecom approval, third-party provider availability, usage limits, and account standing. If Premium Voice usage is capped or unavailable, the service may fall back to the normal MarketMuffins voice where supported.
MarketMuffins may offer one-time website build services, Cloudflare setup services, and logo design services. These services may include Dynamic Business Websites, AI-Powered Business Websites, Cloudflare Launch Setup, Logo Design, or related digital setup services.
Website build, Cloudflare setup, and logo design services are custom digital services. Payments for these services are generally non-refundable once work has started. If MarketMuffins is unable to build or deliver the purchased service, MarketMuffins may issue a full refund for the undelivered service.
Most website builds are completed within 5 to 30 business days. Timelines may vary based on project complexity, client response time, required materials, domain access, design feedback, content requirements, and requested changes. Delays in receiving required information, approvals, images, logo files, domain access, or website content may delay delivery.
Each website build includes one revision round at no additional cost. Additional revisions may require an extra fee. Minor revisions may be billed at $49 per revision. Major revisions may be billed at $99 per revision or quoted separately depending on scope.
Minor revisions may include small text changes, image swaps, color adjustments, or small layout edits. Major revisions may include new sections, major layout changes, rewritten content, additional pages, new functionality, or larger structural changes.
Logo Design service includes 3 initial logo options and one selected final logo. One minor revision round is included after a logo option is selected. Additional logo revisions, expanded brand identity work, alternate file formats, or custom brand packages may require an additional fee or custom quote.
Cloudflare Launch Setup may include domain connection, DNS setup, SSL configuration, Cloudflare Pages setup, and launch testing. MarketMuffins is not responsible for delays caused by third-party domain registrars, DNS propagation, missing client access, expired domains, locked domains, incorrect registrar credentials, or third-party platform outages.
The MarketMuffins team may contact the client after purchase regarding images, logos, files, written content, domain access, brand assets, or other materials required for the website build. Additional costs may apply if stock images, source files, licensed assets, custom graphics, copywriting, or other paid materials are needed for the project.
The client is responsible for ensuring that any images, logos, files, content, brand assets, or other materials provided to MarketMuffins are owned by the client or properly licensed for use. MarketMuffins does not verify copyright ownership, licensing rights, trademark rights, or usage permissions for client-provided materials. MarketMuffins is not responsible or liable for copyright, trademark, licensing, or intellectual property issues related to materials provided by the client.
AI-Powered Business Website includes 1 year of basic AI chatbot service with up to 100 chatbot sessions per month. After the first year, chatbot service may require annual renewal. Higher usage, appointment booking, SMS, AI phone answering, CRM integrations, advanced automation, or custom chatbot workflows may require an active MarketMuffins subscription or custom plan.
MarketMuffins may decline or cancel website, logo, or digital setup projects involving hate speech, harassment, extremist content, illegal products or services, firearms or weapons sales, adult sexual content, regulated drugs, deceptive claims, scams, or content that promotes harm or discrimination. MarketMuffins may also decline projects involving highly sensitive, political, religious, medical, legal, financial, or regulated topics at its discretion. If a project is declined before work begins, a refund may be issued.
Client-provided materials, including business names, images, logos, written content, brand assets, product claims, testimonials, and legal or compliance statements, are the client’s responsibility. The client is responsible for ensuring they have the right to use all materials provided to MarketMuffins and that all claims made on the website are accurate and lawful.
Calls, messages, logs, metadata, and related service activity may be processed by third-party systems for service delivery, debugging, analytics, monitoring, compliance, and service improvement.
MarketMuffins AI agents may record, monitor, transcribe, or analyze calls for quality assurance, debugging, training, service improvement, and operational review. You are solely responsible for obtaining all legally required notices and consents from all parties before recording any call. MarketMuffins LLC is not responsible for your compliance with call recording laws.
You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry requirements relating to calls, SMS, artificial or prerecorded voice, auto-dialing, telemarketing, call recording, privacy, and customer communications, including the TCPA and similar federal or state laws.
You are solely responsible for obtaining and maintaining any required customer consents, disclosures, notices, and opt-in permissions. You are also responsible for honoring STOP, opt-out, unsubscribe, revocation, and similar requests where applicable.
MarketMuffins may support compliance workflows such as opt-in, HELP, STOP, START, and related messaging, but you remain solely responsible for lawful campaign setup, lawful message content, lawful use, and ongoing compliance.
To the maximum extent permitted by law, MarketMuffins LLC shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including financial loss, lost leads, lost profits, lost revenue, reputational harm, business interruption, inaccurate outputs, missed calls, failed messages, or data loss.
MarketMuffins LLC’s maximum aggregate liability for any claim relating to the Services shall not exceed the amount paid by you to MarketMuffins during the 30 days immediately preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless MarketMuffins LLC, its owners, employees, contractors, affiliates, and partners from and against any claims, damages, liabilities, penalties, fines, losses, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of availability, uptime, merchantability, fitness for a particular purpose, non-infringement, accuracy, or performance.
We may suspend, restrict, or terminate your account or access to the Services at any time for non-payment, misuse, abuse, legal risk, compliance concerns, suspected fraud, technical risk, or violation of these Terms.
Any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA).
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.
AI may generate incorrect, unpredictable, incomplete, or undesirable responses. The Services do not provide medical, legal, financial, or other professional advice. We are not responsible for business losses, reputational harm, missed leads, failed interactions, delays, outages, or failures caused by third-party providers or AI-generated outputs.
By using the Services or purchasing them, you acknowledge that you have read, understood, and agree to these Terms, the Privacy Policy, any applicable billing, cancellation, subscription, usage, AI limitation, and mandatory arbitration provisions.