Terms & Conditions

Effective Date: July 22, 2025

WySMart AI Master Legal Terms & Conditions

AW Journeys, LLC d/b/a WySMart AI
30 North Gould St. Ste R | Sheridan, WY 80821
📧 [email protected] | 🌐 https://wysmart.ai

1. Overview

Welcome to WySMart AI.
These Terms & Conditions (“Agreement”) govern all products, websites, and services provided by AW Journeys, LLC d/b/a WySMart AI (“WySMart AI,” "WySMart Digital," “we,” “us,” or “our”).

By engaging WySMart AI for any service or using any of our websites, software, automations, or AI systems, you (“Client,” “you,” or “your”) agree to this Agreement in full.

WySMart AI operates as a digital growth and automation company offering AI-driven eCommerce, CRM, SEO, and marketing automation solutions integrated with third-party platforms such as Twilio, Google, and Meta and other proprietary technology partners.

2. Scope of Services

WySMart AI provides digital marketing and AI automation tools, which may include:

AI voice, chat, and messaging assistants for 24/7 lead capture

CRM setup, funnels, forms, quizzes, and automation workflows

Email and SMS campaigns (TCPA & CAN-SPAM compliant)

Google My Business optimization, review automation, and local SEO

Social media content creation, scheduling, and brand automation

eCommerce website creation, hosting, and management

Analytics, reporting dashboards, and ongoing AI optimization

All WySMart AI products and websites are provided under a leasing and managed services model — clients do not own the software, design, or code.

3. Fees, Payments & Term

Fees and payment schedules are specified in your signed Order Form or Proposal.

Monthly plans renew automatically unless canceled in writing 30 days before the renewal date.

Setup or onboarding fees are non-refundable once work begins.

Late payments may incur a 1.5% monthly interest fee.

Early termination before the contract end requires payment of remaining term balance.

Overage charges from token usage, voice call minutes, email/sms sending volumes or other per use cost will be billed and explained and charged accordingly due with payment of monthly invoice, unless otherwise dated.

4. Ownership, Licensing & Repossession

All websites, automations, workflows, code, and systems remain the exclusive intellectual property of WySMart AI.

Clients are granted a non-exclusive, revocable, limited-use license to access and use their website or automation tools only while their subscription remains active and paid.

If your account becomes inactive or delinquent, WySMart AI reserves the right to:

Reclaim and disable the leased website or system;

Revoke all hosting and automation access;

Retain data for 30 days for possible export;

Permanently delete assets thereafter.

Client-uploaded content (such as text, logos, and media) remains your property.
However, the platform infrastructure, templates, and design remain WySMart AI property.

5. eCommerce Creation, Leasing & Management

WySMart AI designs, builds, and manages eCommerce websites for clients under a lease-to-use structure.

5.1 Product Data & Inventory Accuracy

We synchronize or import product data provided by manufacturers or suppliers.
While we strive for accuracy, WySMart AI is not liable for supplier-related errors such as incorrect prices, discontinued items, or out-of-stock inventory.
We will promptly correct identified issues when notified, or identified.

5.2 Client Responsibilities

Clients are responsible for:

Providing accurate product descriptions, prices, and shipping details

Managing fulfillment, returns, and customer service

Ensuring compliance with product labeling, claims, and FTC guidelines

5.3 WySMart AI Responsibilities

WySMart AI maintains:

Hosting and uptime performance

Security, SSL, and system updates

Checkout workflows, cart functionality, and order routing (as configured)

WySMart AI is not responsible for chargebacks, fraud, or supplier fulfillment issues.

5.4 Updates & Upgrades

Active clients receive continuous software updates, security patches, new AI feature releases, and performance enhancements.
Inactive clients lose all access to updates and may incur reactivation or rebuild fees.

6. Additional Digital Marketing Services

WySMart AI offers multiple automation tools and digital services. Each includes the following limitations and disclaimers:

6.1 AI Voice & Chat Assistants

AI agents handle inbound calls, SMS, and DMs to capture and qualify leads.
We do not guarantee all leads will convert or be routed successfully, as outcomes depend on carrier stability, internet reliability, and your follow-up actions.

6.2 Funnels, Forms, Quizzes & QR Codes

Clients are responsible for ensuring all lead capture mechanisms comply with data privacy and consent laws.
WySMart AI is not liable for any regulatory violations due to non-compliant forms or data handling.

6.3 Social Media Automation

WySMart AI posts, schedules, and automates social media content but does not guarantee reach, follower growth, or engagement.
Platform algorithms, policies, and ad approvals are outside our control.

6.4 SEO & Local Listings

We optimize your Google Business Profile, citations, and on-site SEO but cannot guarantee specific search engine rankings or lead volumes.
Algorithm changes and competitor activity may affect results.

6.5 Email & SMS Campaigns

Clients must maintain compliance with TCPA, CAN-SPAM, CASL, and A2P 10DLC.
WySMart AI is not liable for messaging penalties or carrier fees.
Message volume limits and overage charges apply as defined in your plan.

6.6 Analytics & Reporting

We provide tracking and analytics for performance visibility.
WySMart AI is not responsible for data discrepancies caused by third-party systems or user-installed tracking conflicts.

7. Client Responsibilities

You agree to:

Provide all content, approvals, and access credentials on time.

Review deliverables promptly and communicate changes clearly.

Comply with all advertising, privacy, and marketing laws.

Maintain active ad accounts, hosting, and domain registrations (if owned).

Obtain and document consent from all leads or subscribers before contacting them.

8. Results Disclaimer

Digital marketing outcomes depend on variables outside our control — algorithms, platform policies, ad competition, and user behavior.
WySMart AI makes no guarantees regarding revenue, lead volume, or rankings.
All performance data is illustrative.

9. Privacy & Data Protection

WySMart AI values data privacy and complies with applicable laws including GDPR, CCPA, and TCPA.

9.1 Data Collection

We collect information through forms, chatbots, calls, analytics tools, and cookies.
Data may include names, emails, phone numbers, and site behavior.

9.2 Data Use

We process data for marketing automation, analytics, and communication purposes.
We do not sell or rent personal data to any party.

9.3 Data Sharing

We share limited data with trusted service providers including GoHighLevel, Twilio, Google, Meta, and secure hosting vendors.

9.4 Data Retention

Client and lead data are retained only as long as required for service delivery or legal compliance.
Requests for deletion can be submitted to [email protected].

10. Data Processing Addendum (DPA)

WySMart AI acts as a Data Processor, and the Client acts as the Data Controller.

Authorized subprocessors include Twilio, Google, Meta, and other necessary vendors.
We use encryption, access controls, and regular audits to protect client data. Using Stripe for payments allows us to never see or store any payment information anywhere locally and always lives with Stripe.
Data will be deleted or returned within 30 days after service termination.

11. Confidentiality

Both parties agree to protect all non-public information disclosed during engagement.
Confidentiality obligations survive termination for three (3) years.

12. Warranties & Limitations of Liability

All services are provided “as is” without warranties of any kind.
WySMart AI shall not be liable for indirect, incidental, or consequential damages.
Our total liability shall not exceed the fees paid by the Client in the prior 6 months.

13. Termination & Offboarding

Either party may terminate the agreement with written notice if the other party breaches and fails to cure within 30 days.

Upon termination:

All hosting and automation access is revoked.

Client has 30 days to request a CSV export of data.

WySMart AI may permanently delete all data after that period.

14. Independent Contractor

WySMart AI operates as an independent contractor providing a marketing and/or advertising business service as an expense — not an employee, partner, or agent of the Client.

15. Force Majeure

WySMart AI is not liable for performance failures caused by events beyond our reasonable control, including platform outages, cyberattacks, or acts of God. We recommend cyber attack insurance to supplement our multi-tiered hosting security strategy. Please ask for details.

16. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of Wyoming.
All disputes shall be resolved through mediation first, then the state or federal courts of Sheridan County, Wyoming.

17. Entire Agreement

This Agreement (including attached Addenda or Proposals) constitutes the entire understanding between WySMart AI and the Client.
Any modification must be in writing and signed by both parties.

18. Contact Information

WySMart AI (AW Journeys, LLC)
📍 30 North Gould St. Ste R, Sheridan, WY 80821
📧 [email protected]
🌐 https://wysmart.ai

Acknowledgement

By using our websites, subscribing to our services, or executing an Order Form, you confirm that you have read, understood, and agree to these Terms & Conditions.