Terms of Service

Effective Date: March 1, 2026

These Terms of Service ("Terms") govern your use of Samantha, an AI-powered business assistant service operated by Saratoga Digital Marketing LLC ("we," "us," or "our"), available at samantha.saratogadigitalmarketing.com (the "Service").

1. Service Description

Samantha is an AI employee service that performs up to 22 business roles for your organization, including but not limited to receptionist duties, bookkeeping, social media management, lead qualification, appointment scheduling, and customer support. The specific roles and capabilities depend on your subscription tier.

2. Account Responsibilities

• Provide accurate information about your business during onboarding
• Maintain the security of your account credentials
• Accept responsibility for all activity conducted through your Samantha instance
• You must be at least 18 years old to use this Service

3. Payment Terms

Subscriptions: Subscription plans are billed on a monthly recurring basis. Subscriptions renew automatically unless cancelled before the next billing cycle.

Refunds: Due to the personalized nature of Samantha's configuration and ongoing service delivery, we do not offer refunds for partial billing periods. If you experience a technical issue that prevents service delivery, we will provide service credits or extend your billing period at no additional cost.

4. Acceptable Use

You agree not to use the Service for:

• Any illegal, fraudulent, or deceptive purpose
• Providing false or misleading business information
• Spamming, harassment, or unsolicited mass communication
• Circumventing usage limits or security measures
• Reverse-engineering, extracting, or copying the Service's underlying technology
• Reselling or sublicensing access to the Service without written authorization

We reserve the right to suspend or terminate your account for violations.

5. Intellectual Property

Your Content: You retain ownership of all business data, communications, and content you provide to or generate through Samantha.

Our Platform: The Service, including its software, AI models, prompts, configurations, agent architecture, and documentation, is the intellectual property of Saratoga Digital Marketing LLC. You may not copy, modify, or distribute any part of the platform.

6. AI Disclaimer & User Responsibility

Samantha is powered by artificial intelligence and performs tasks to the best of her ability. However:

• AI-generated content, responses, and actions should be reviewed by you, especially for critical business decisions
• We do not guarantee specific business outcomes, revenue increases, or performance metrics
• Samantha may occasionally produce errors that require human oversight and correction
• You are responsible for your agent's actions, including all outputs generated, business decisions made based on recommendations, content produced, and communications sent through the Service on behalf of your business
• The Service should not be used as a sole basis for legal, financial, medical, or other professional decisions without independent verification

7. Data Handling & Isolation

Samantha processes business data on your behalf to perform her roles. She maintains memory of your preferences, clients, and workflows to provide continuity.

• Data Isolation: Each Samantha instance operates in an isolated environment. Your business data, memory, and configurations are not shared with other customers' instances.
• Service Improvement: We may collect anonymized and aggregated usage metrics (such as feature usage patterns and error rates) to improve the Service. No personally identifiable business data is used for this purpose.
• No Data Sales: We will never sell your personal or business information to third parties.

See our Privacy Policy for full details on how your data is collected, stored, and protected.

8. Limitation of Liability

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Without limiting the foregoing, we are specifically not liable for:

• Business decisions made based on Samantha's recommendations or outputs
• Financial losses resulting from AI-generated content, communications, or actions
• Legal issues arising from content produced or communications sent by the Service
• Data loss due to service interruptions, technical failures, or account termination
• Third-party claims resulting from your use of the Service's outputs

Our total liability for any claim shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Service Availability & Evolution

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. Planned maintenance, updates, and unforeseen outages may temporarily affect service. We are not liable for any losses resulting from service interruptions.

The Service is under active development. Features, capabilities, and underlying AI models may change as we improve the platform. We will notify you of material changes that affect your usage, but minor updates and improvements may be deployed without notice.

10. Termination

• You may cancel your subscription at any time by contacting support
• We may suspend or terminate your account for violations, abusive behavior, or non-payment
• Upon cancellation, your data will be deleted within 30 days
• We recommend exporting any data you need before cancellation

11. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 14 days before the changes take effect.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York. Any disputes shall be resolved in the courts of New York.

13. Contact Us

Saratoga Digital Marketing LLC
Email: samantha@saratogadigitalmarketing.com