DavidAgents

Terms of Service

Terms

DavidAgents is operated by JDMTECHSOLUTIONS LLC dba DavidAgents ("we," "us"). These terms govern your use of our public website, apps, and services. Last updated August 2026. These terms include a binding arbitration agreement and class-action waiver, and a no-refund policy — both described below.

Two ways to work with us — and which terms apply. We deliver AI-agent services in two forms. (1) Self-service (AgentsFast). Our multi-tenant, sign-up product is operated under the AgentsFast brand and is governed by the AgentsFast Terms of Service, which are incorporated here by reference for that product; if you use the self-service product, those terms control it and these terms cover only your use of this website. (2) Dedicated engagements. Single-tenant installations, dedicated instances, and custom or professional-services work are provided under these terms together with a separate written agreement, statement of work, or approved order (an "Order"). Where an executed Order conflicts with these terms, the Order controls for that engagement.

Engagements are contract-first. Dedicated services are scoped through the Order. Customer-data access, production changes, external communications, provider spend, and legal or license risk require your explicit approval before implementation. The Order defines the deployment model, scope, fees and schedule, service levels, and any professional-services deliverables.

Deployment model — dedicated and single-tenant installs. Each Order states which model applies: a managed dedicated instance that we host and operate for you on infrastructure we control, isolated from other customers; or a deployed install placed in an environment you own or designate. For a managed dedicated instance, we operate the environment and apply the security and backup controls described in the Order or our then-current security documentation, and your data is logically segregated from other customers. For a deployed install, you are responsible for the environment it runs in — its provisioning, network and physical security, operating-system and dependency patching, access control, and backups — except for components the Order expressly places under our management; you will give us the access reasonably needed to install, update, support, and (on termination) remove the software. Responsibilities not assigned by the Order default to the party operating the environment.

Software license (dedicated installs). The DavidAgents platform, its agent runtime, orchestration, models we supply, templates, and branding are owned by us and our licensors. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use the software solely for your internal business operations for the term and scope stated in the Order. You may not resell, sublicense, white-label, rent, or provide it as a service to third parties; copy or redistribute it; reverse-engineer, decompile, or attempt to derive source (except to the extent that right cannot be waived by law); remove proprietary notices; or use it to build or train a competing product. On expiry or termination the license ends: you must stop using the software and, for a deployed install, at our request delete or return all copies in your control and certify that you have done so. Open-source components are licensed under their own licenses, which control for those components.

Your content and data. You own the data, documents, and content you bring to the service, and you grant us the limited rights needed to operate the service for you. For a managed dedicated instance we act as your processor for personal data you load, handling it to provide the service and per the Order or an applicable data-processing addendum; for a deployed install in your environment, you are the controller and operator of that data. On termination we make your data available for a reasonable export window before deletion (managed instances) or hand over as the Order provides (deployed installs) — keep your own copies of business-critical records.

Beta status. Where an Order states a capability is offered on a beta basis (as our self-service surfaces generally are), features may change and availability targets are conservative (80% per calendar month unless the Order states otherwise). For a qualifying outage of a purchased capability we extend the affected service period by one day per started 24 hours of covered outage time. Covered outage time begins at the earlier of (a) when you report the outage to us or (b) the incident start time we publish on our status page — time before both is not covered — and ends when the capability is restored, verified against our own service telemetry. A qualifying outage is a continuous unavailability of a purchased capability lasting 4 hours or more; total extensions in any calendar month will not exceed one month of service. Time extension is the sole and exclusive remedy for unavailability. Unavailability caused by scheduled maintenance announced in advance, by third-party providers on which the service depends (telecommunications carriers, AI model providers, payment processors, network or hosting infrastructure), by factors outside our reasonable control, or by your own environment, configuration, content, or actions does not count toward outage time or availability targets.

Payments are final. Fees are billed as stated in the applicable Order and are non-refundable — all sales are final except where a refund is required by law, expressly stated in the Order, or where we end the relationship without cause (in which case we deliver or return the unused portion of prepaid fees, at our choice). Taxes, carrier surcharges, and pass-through communications and provider fees are additional where applicable. Where an Order uses your own third-party accounts or API keys (for example, a model provider or carrier), those third-party charges are yours directly.

Reasonable use, and our right to end the relationship. Our services are sold for the ordinary operation of your business — not for resale, wrapping, scraping, benchmarking a competing product, or abusive load. We may suspend or terminate any customer relationship at our discretion: immediately and without refund for abuse, violation of these terms or an Order, or activity that creates legal, carrier, or reputational risk; or without cause on notice, with the unused portion of prepaid fees delivered or returned. Agents are not for emergency services and cannot place or receive 911 or other emergency calls; do not present an agent-answered line as an emergency contact. Agents do not provide licensed legal, medical, financial, tax, or other professional advice.

Communications compliance — you are the sender of record. For the calls, texts, and emails your agents send, you are the sender of record and hold the lawful basis to contact each recipient (consent, established business relationship, or other). We provide the tooling — carrier 10DLC brand and campaign registration assistance, consent-language placement, quiet-hours enforcement, STOP/HELP handling, and a compliance gate and consent ledger — but the lawful basis, and compliance with telecom, anti-spam, and recording-consent law (including TCPA, CAN-SPAM, and carrier requirements), are yours to establish and maintain.

Your document seal (e-Sign). If e-Sign is enabled for your engagement, documents are sealed with a certificate issued to JDMTECHSOLUTIONS LLC by Sectigo, a public certificate authority, and held on a hardware token. Because that certificate is on the Adobe Approved Trust List, a standard PDF reader confirms on its own that the seal is ours and that the document has not changed since — no account and nothing to configure; it is not on any EU Trusted List. Documents also carry an independent public timestamp anyone can verify. The seal identifies us as the operator of the service, not you: your organization is named on the audit trail rather than in the certificate. The seal is not a signature, is not evidence that any identity was checked, and does not make a document valid or binding. We take the organization name from you and do not verify it; you confirm you are authorized to use it. Full terms of the seal, matching our canonical seal mandate, are set out in the AgentsFast Terms § Your document seal and apply to e-Sign wherever we provide it; our verification checker is at /verify.

AI output; liability. Agent output can be imperfect, incomplete, or wrong; you are responsible for reviewing consequential actions and communications before relying on them, and we provide governance controls (templates, approvals, limits) to help you supervise them. The services are provided "as is," without warranties of any kind to the maximum extent permitted by law. To the maximum extent permitted by law our aggregate liability arising from the service is limited to the fees you paid us in the three months before the claim, and we are not liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, revenue, data, or goodwill.

Third-party dependencies. The service depends on third parties we do not control — telecom carriers, AI model providers, hosting and network providers, and payment processors. Their availability, pricing, and policies can change and can affect the service; carrier decisions (for example, on messaging registrations or filtering) are theirs, not ours. We are not responsible for third-party acts or omissions.

Indemnification. You will defend and indemnify us against third-party claims arising from your content, your instructions to agents, the communications you authorize them to send, your breach of these terms or an Order, or your violation of law — including telecom, recording-consent, and anti-spam claims relating to people your agents contacted on your behalf.

Dispute resolution — binding arbitration & class-action waiver. After a 30-day informal-resolution window (email [email protected]), any dispute arising out of these terms or the services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Miami-Dade County, Florida, before a single arbitrator; the Federal Arbitration Act governs. Both parties waive jury trials and class, collective, or representative proceedings. Either party may use small-claims court for individual claims or seek injunctive relief in court for IP or confidentiality misuse. You may opt out within 30 days of first accepting these terms by emailing us with subject "Arbitration opt-out." These terms are governed by Florida law; non-arbitrable matters belong exclusively to the state and federal courts of Miami-Dade County, Florida.

SMS. Subscribers who opt in to DavidAgents SMS updates may receive appointment, follow-up, support, or service messages. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out and HELP for help. Consent is not a condition of purchase.

Phone calls are recorded and transcribed when consent is given. Calls between you and DavidAgents — including calls placed by our AI voice agents — may be recorded as audio and converted to text for service quality, training, dispute resolution, and to give our team and AI agents context across conversations. Recording requires your consent, which we capture at sign-up, on your preferences page, or verbally on the call (we disclose at the start when we don't already have your consent on file). You can decline at any time and calls will continue without recording. See the Privacy page for retention and use details.

General. We may update these terms as the service evolves; material changes are posted here with a revised date, and continued use constitutes acceptance. Sections that by their nature survive — billing obligations, the software license's post-termination duties, indemnification, liability limits, dispute resolution, and IP — survive termination. If a provision is unenforceable the rest stands; our failure to enforce a provision is not a waiver; you may not assign these terms without our consent, and we may assign them in connection with a merger, acquisition, or sale of assets. These terms plus applicable Orders and the Privacy Policy are the entire agreement. Questions: [email protected].