Terms of Service

These Terms of Service ("Terms") govern your use of this website and any services you book or buy from us. Please read them carefully. By using the site, booking a call, accepting a proposal, or paying an invoice or payment link from us, you agree to these Terms.

1. Who we are

Mossy Digital (MossyDigital.ai) is a division of MossyMedia Communications Inc. Our services are provided, and our invoices issued, by MossyMedia Communications Inc. through its Mossy Digital division ("we", "us", "our"). Our offices are at 1200 West 73rd Ave., 11th Floor, Vancouver, BC V6P 6G5, Canada. You can reach us at service@mossydigital.ai.

2. Our services

We provide digital marketing and AI-powered business services, including:

• AI visibility audits;
• the AI Visibility Program: AI search optimisation, generative engine optimisation (GEO), and search and local SEO;
• website design and build, hosting and maintenance;
• AI Front Desk, an AI chat assistant for your website;
• AI Voice Agent, an AI phone assistant; and
• conversion optimisation and related consulting.

The scope, deliverables, timelines and fees for each paid engagement are set out in the proposal or quote we send you, which may be by email, and in the payment page you use to accept it (together, the "Proposal"). Your agreement with us is made up of the Proposal and these Terms. If the Proposal conflicts with these Terms, the Proposal takes precedence for that engagement.

An engagement starts when you pay your first invoice or deposit through our payment page.

3. The free AI Visibility Audit

We offer a complimentary audit call of approximately 30 minutes. Booking a call creates no obligation on either side to enter into a paid engagement, and no fee is payable for the call.

Any findings, scorecards or recommendations we share during or after the audit are provided for your information. They reflect our professional opinion based on the data available at the time and on the behaviour of third-party search and AI systems that we do not control.

We ask that you attend at the scheduled time. If you cannot make it, please reschedule or cancel using the link in your confirmation email. We may decline to rebook where appointments are repeatedly missed.

4. No guarantee of results

Search engines and AI assistants such as ChatGPT, Google Gemini and Perplexity independently decide what they display, cite or recommend. Their systems change frequently and without notice, and we have no control over them.

Accordingly, while we apply recognised professional methods, we do not warrant or guarantee any particular ranking, citation, mention, traffic level, call or lead volume, conversion rate or revenue outcome. Any figures, case studies or examples shown on this site illustrate results achieved for specific clients in specific circumstances and are not a promise of comparable results for you.

5. Fees, billing and payment

5.1 Fees are set out in the Proposal and are quoted in your local currency (for example AUD, CAD or USD). The prices in your Proposal are fixed at the time you sign up.

5.2 Monthly services. The AI Visibility Program, website hosting and maintenance, AI Front Desk and AI Voice Agent are subscriptions billed monthly in advance. By subscribing, you authorise us to charge your chosen payment method automatically on the same date each month until you cancel under Section 7. Your monthly billing date is the date of your first monthly payment.

5.3 Setup fees. Setup fees are one-time charges. They are payable at the start of an engagement, or as set out in Section 6 for build projects, and are never repeated in your monthly billing.

5.4 Introductory offers. Any discount or introductory offer applies only for the period stated in the Proposal. After that, the standard monthly price in your Proposal applies.

5.5 Price changes. We will give you at least 30 days' notice by email of any change to your monthly price. If you do not wish to continue at the new price, you may cancel before it takes effect.

5.6 Taxes. Fees are exclusive of applicable taxes, which are added where we are required to collect them.

5.7 Failed payments. If a payment fails, we will notify you and retry the payment. If it remains unpaid, we may suspend the affected services after giving you notice.

5.8 Payment processing. Payments are processed securely by our payment provider, Stripe. We do not store your full card details.

6. Website and AI build projects

This Section applies to website builds and to AI Front Desk and AI Voice Agent setups ("build projects").

6.1 Deposits. Where the Proposal includes a deposit, the deposit is payable to start the project. Once paid, the deposit is non-refundable, because it secures our production schedule and covers initial planning and design work. This is subject to Section 15.

6.2 No deposit. Where the Proposal does not include a deposit, the full setup fee is payable to start the project.

6.3 Balance and monthly fees on delivery. The balance of the setup fee is payable on delivery. Any monthly hosting, maintenance or service fee for the build starts on delivery, and is billed together with the balance and then monthly under Section 5.2.

6.4 What "delivery" means. A build project is delivered when we notify you that it is complete and ready for launch, whether or not you choose to launch it at that time. If you do not raise any material issue within 14 days of our delivery notice, the project is treated as accepted.

6.5 Revisions and changes. The Proposal sets out the scope and any included rounds of revisions. Work outside that scope, or changes requested after you have approved a stage, may be quoted and charged separately.

6.6 Delays on your side. Build projects depend on you providing content, approvals and access on time. If you do not provide what we have requested within 30 days, we may treat the project as delivered on the basis of the work completed and invoice the balance. If a project is on hold for more than 60 days at your request or because of your delay, we may close it, and any deposit or fees paid are retained.

7. Cancellation and refunds

7.1 Cancelling monthly services. You may cancel a monthly service at any time, either through the billing portal link in your payment emails or by emailing service@mossydigital.ai. Cancellation takes effect at the end of your current billing period. You will not be charged again, and the service continues until the end of the period you have already paid for. We do not refund partial months.

7.2 Setup fees and deposits. Setup fees and deposits are non-refundable once work has started. This is subject to Section 15.

7.3 If we cancel. If we end an engagement for reasons that are not your fault, we will refund any fees you have paid for services we have not yet provided.

7.4 After cancellation. What happens to your website and AI tools when a service ends is set out in Section 9.

8. Your responsibilities

Where we work together, you agree to:

• provide accurate information, and reasonable and timely access to any accounts, systems, content or personnel we need to perform the services;
• confirm that you have the right to give us access to any property or materials you provide, and that our agreed use of them will not infringe anyone else's rights;
• review and approve the business information, answers and scripts used by any AI Front Desk or AI Voice Agent we set up for you, and tell us promptly when that information changes;
• comply with the laws that apply to how you use our AI tools with your own customers. This includes giving any required notices about AI or automated assistants, obtaining any consent needed to record or transcribe calls, and meeting privacy and marketing rules where you operate.

Delays in providing access, content or approvals may affect timelines and are dealt with under Section 6.6 for build projects.

9. Intellectual property and ownership

9.1 Our website. All content on this website, including text, graphics, layout, and the methods and frameworks we describe, belongs to us or our licensors and is protected by intellectual property laws. You may view and share it for your own information, but you may not copy, republish or exploit it commercially without our written permission.

9.2 Your materials. You retain ownership of your own brand assets, content, data and domain names.

9.3 Websites we build. Once the setup fee for a website has been paid in full, you own the final design and the content we create specifically for you. Websites are built using templates, themes, code libraries, plugins, platforms and tools owned by us, our partners or other third parties. These remain their property, and you receive a licence to use them as part of your website.

9.4 Hosting and handover. While you are on a hosting and maintenance plan, your website is hosted on our or our partners' platforms. If that plan ends, we will provide reasonable help within 30 days to transfer your content and, where the platform allows, your website files to a provider of your choice. After that period we may remove the website from our platforms.

9.5 AI Front Desk and AI Voice Agent. These are provided as subscription services. You have the right to use them while your subscription is active, but you do not acquire ownership of the underlying software, models or platforms. On request, we will provide an export of your conversation records that are reasonably available, subject to applicable law.

9.6 Reports and methods. You may use the reports, audits and recommendations we provide for your own business. Our methods, frameworks, templates and know-how remain ours.

10. Third-party services and subcontractors

We use trusted third-party services to provide our services and run this site. These include website hosting, AI models, telephony, scheduling, video conferencing, email, analytics and payment processing. We may also use subcontractors to deliver parts of our services, and we remain responsible to you for the services we agree to provide.

Your information may be processed by these providers under their own terms and privacy policies. We are not responsible for outages or changes in third-party services that are outside our reasonable control. Links to other websites are provided for convenience only and are not an endorsement.

11. AI-powered services

Our AI Front Desk, AI Voice Agent and other AI-powered services generate responses automatically. While we configure them carefully, AI responses can occasionally be inaccurate, incomplete or out of date. They are not a substitute for professional advice to your customers, and you should not rely on them for legal, medical, financial or safety-critical decisions. You remain responsible for the information provided to your customers in your name, and you should review your AI tools and their conversation records regularly.

12. Confidentiality

Each of us may learn confidential information about the other in the course of an audit or engagement. Both of us agree to keep that information confidential, to use it only for the purpose it was shared, and not to disclose it to others except to advisers or subcontractors who are bound by confidentiality, or where disclosure is required by law.

13. Privacy and data

We handle personal information in line with our Privacy Policy. Where our services process personal information about your customers on your behalf, such as AI Front Desk or AI Voice Agent conversations and call recordings, we do so to provide the services to you and in line with your reasonable instructions. You are responsible for having the notices and consents needed for that processing.

14. Limitation of liability

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

Subject to that and to Section 15, we are not liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill, anticipated savings or data, however arising. Our total aggregate liability arising out of or in connection with the services is limited to the total fees you paid us in the twelve months immediately before the event giving rise to the claim. Where no fees have been paid, for example in relation to the free audit, our aggregate liability is limited to CAD $100.

This website and its content are provided on an "as is" basis and are for general information. They do not constitute professional, legal or financial advice, and you should not rely on them as such.

15. Your rights under consumer law

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under laws that cannot be excluded, including the Australian Consumer Law where it applies. Where those laws allow us to limit our liability for a failure to meet a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

16. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, from any content, materials or access you provide to us that infringe a third party's rights, or from your use of our AI tools in breach of Section 8.

17. Suspension and termination

We may suspend or withdraw access to this site, or decline to provide the free audit, at our discretion, for example where use is unlawful, abusive or disruptive to others.

Either of us may end a paid engagement by written notice if the other materially breaches these Terms or the Proposal and does not fix the breach within 14 days of being asked to. We may also suspend services for non-payment under Section 5.7. You may cancel monthly services at any time under Section 7. Fees for work already delivered remain payable when an engagement ends.

18. Changes to these Terms

We may update these Terms from time to time. The version published on this page is the version in force, and the date at the top shows when it last changed. Material changes affecting an active engagement will be communicated to you directly.

19. Governing law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, subject to Section 15. The courts of British Columbia have exclusive jurisdiction over any dispute, although we would always seek to resolve matters with you directly first.

20. General

If any provision of these Terms is found to be unenforceable, the rest continues in force. A delay in enforcing a right is not a waiver of it. These Terms, together with any applicable Proposal, form the entire agreement between us.

21. Contact

Questions about these Terms can be sent to service@mossydigital.ai, or by post to Mossy Digital, MossyMedia Communications Inc., 1200 West 73rd Ave., 11th Floor, Vancouver, BC V6P 6G5, Canada.