Terms of Service
Effective Date: December 31, 2025
These Terms of Service ("Terms") govern your access to and use of the website and services provided by MRKTBEST, LLC ("MarketBest," "we," "us," or "our"), including the Automation Foundation and AI Workforce services (collectively, the "Services"). By accessing our website or engaging our Services, you agree to be bound by these Terms.
1. Services Provided
MarketBest provides business process automation, workflow design, customer relationship management setup, AI voice agent deployment, and custom AI agent ("AI Workforce") implementation services. Specific scope, deliverables, timelines, and fees for any engagement will be set forth in a separate service agreement, proposal, or statement of work ("Engagement Terms"), which is incorporated into these Terms by reference. In the event of a conflict between these Terms and any Engagement Terms, the Engagement Terms control as to the subject matter of that engagement.
2. Client Responsibilities
Clients are responsible for: providing timely access to systems, accounts, and data reasonably required to perform the Services; ensuring they have the legal right to grant such access; maintaining the accuracy of information provided; and reviewing deliverables and automated outputs before relying on them in production or client-facing contexts.
3. Third-Party Services and Integrations
Our Services may involve integration with third-party platforms (including but not limited to CRM systems, payment processors, communications platforms, and artificial intelligence providers). MarketBest is not responsible for the acts, omissions, availability, pricing changes, or policies of third-party providers. Client is responsible for maintaining any required third-party licenses, subscriptions, or accounts unless otherwise stated in the Engagement Terms.
4. AI-Generated Content and Outputs
Services involving AI agents may generate content, communications, analyses, or automated actions (including outbound messages, financial summaries, and social content) on the client's behalf. Client acknowledges that AI-generated outputs may contain errors or inaccuracies and agrees to implement reasonable human review for outputs used in client-facing, financial, legal, or otherwise consequential contexts. MarketBest is not liable for actions taken or decisions made in reliance on unreviewed AI-generated output.
5. Fees and Payment
Fees are as set forth in the applicable Engagement Terms. Unless otherwise stated, invoices are due upon receipt, and recurring fees renew automatically at the then-current rate until the engagement is terminated in accordance with these Terms or the Engagement Terms. Late payments may result in suspension of Services.
6. Intellectual Property
MarketBest retains ownership of its pre-existing tools, templates, workflows, code libraries, and methodologies ("MarketBest IP") used in delivering the Services. Upon full payment, Client receives a non-exclusive, non-transferable license to use custom deliverables built specifically for Client for Client's internal business purposes. MarketBest IP embedded within such deliverables remains the property of MarketBest. Client retains ownership of its own pre-existing data, content, and brand assets.
7. Confidentiality
Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and not to disclose such information to third parties except as necessary to perform obligations under these Terms or as required by law.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETBEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MARKETBEST DOES NOT WARRANT THAT AUTOMATED SYSTEMS OR AI AGENTS WILL BE ERROR-FREE, UNINTERRUPTED, OR WILL ACHIEVE ANY PARTICULAR BUSINESS RESULT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETBEST'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CLIENT TO MARKETBEST IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. MARKETBEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITY.
10. Indemnification
Client agrees to indemnify and hold harmless MarketBest from any claims, damages, or expenses arising from Client's misuse of the Services, violation of these Terms, or violation of applicable law, including any use of AI-generated outbound communications in violation of applicable marketing, telemarketing, or data protection laws.
11. Term and Termination
These Terms remain in effect for as long as Client uses the Services. Either party may terminate an engagement in accordance with the notice provisions in the applicable Engagement Terms. Sections regarding intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification survive termination.
12. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles, unless otherwise specified in the Engagement Terms.
13. Changes to These Terms
We may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
14. Contact Us
Questions about these Terms may be directed to MRKTBEST, LLC through the contact information provided on our website.