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Effective Date: 09/01/2026
These Terms of Service (“Terms”) govern all Services provided by Predictive Sales AI, LLC (“PSAI,” “we,” “us”) to the customer identified in an Order Form (“Customer,” “you”). By executing an Order Form, creating an account, accessing the Services, or otherwise indicating acceptance, Customer agrees to these Terms.
These Terms, together with each Order Form, constitute the entire agreement between the parties (the “Agreement”). Customer’s purchase order or similar Customer-issued document has no effect unless expressly agreed by PSAI in writing.
Customer represents that the individual accepting these Terms has authority to bind Customer.
AI System means the proprietary software and models PSAI uses to generate the Predictive Match Index™ and other analytical outputs of the Services.
Applicable Privacy Laws means all applicable U.S. federal and state data protection and privacy laws, rules, and regulations, as amended.
Contact Data means personal information relating to Customer’s leads, prospects, customers, and other contacts that is provided to, uploaded to, synced with, or otherwise made available to the Services by or on behalf of Customer, including through Customer’s integrated third-party systems.
Communications Data means data generated through outreach conducted using the Services, including call metadata, message content, and (where applicable) call recordings and transcripts.
Customer Account Data means information relating to Customer’s business account with PSAI, including business name, billing information, user credentials, and account settings.
Customer Data means Customer Account Data, Contact Data, Communications Data, and Technical and Usage Data, collectively.
Order Form means an ordering document executed by the parties describing the Services purchased, fees, and any engagement-specific terms.
Output means a result generated by an AI System, including the Predictive Match Index™.
Personal Information has the meaning given to that term (or an equivalent term such as “Personal Data”) under Applicable Privacy Laws.
Professional Services means website development, marketing, campaign management, onboarding, consulting, and other project-based or agency services, as distinct from subscription access to PSAI’s software.
Property Data means information about a physical property or address — including its characteristics, condition, permitting or ownership records, and the history of work or services performed at the property — that is not maintained in a form that identifies, or is reasonably linkable to, a particular individual or household. Property Data is not Contact Data and is not Personal Information.
Services means PSAI’s software platform and, where purchased, Professional Services.
Technical and Usage Data means log data, IP addresses, session data, platform interaction data, and API call records generated through use of the Services.
Third-Party Data means data relating to an identified or identifiable individual that PSAI independently licenses or acquires from third-party sources, including public records and government sources and licensed commercial data providers.
Sell and Share have the meanings given under Applicable Privacy Laws.
Customer must establish an account and provide accurate, current, and complete information. Customer will keep that information current. PSAI may verify the information provided and may refuse or terminate an account at its discretion.
Customer is responsible for all activity occurring under its account and its users’ credentials. See Section 7.
PSAI provides remote access to its technology sales automation software on a subscription basis, as described in the applicable Order Form. Professional Services, if purchased, are governed by Part VI.
PSAI may change the features and functionality of the Services, or these Terms, from time to time. Material changes will be communicated in accordance with Section 49 (Notices). Continued use of the Services after the effective date of a change constitutes acceptance.
Customer may access and use the Services, and use Outputs, in the ordinary course of its business, for its internal business purposes, and in compliance with these Terms and applicable law.
PSAI provides Customer with credentials permitting access as specified in the Order Form. Customer will:
( a ) keep credentials confidential and not share them outside Customer’s organization;
( b ) promptly notify PSAI of any suspected unauthorized access;
( c ) be responsible for all acts and omissions of its users; and
( d ) maintain reasonable security practices for devices and accounts used to access the Services.
Customer will not, and will not permit any user or third party to:
( a ) access or use the Services other than as authorized, or circumvent any access control, rate limit, or security measure;
( b ) scrape, crawl, or use automated means to extract data from the Services except through PSAI’s documented APIs;
( c ) reverse engineer, decompile, disassemble, or attempt to derive the source code, methodology, model, model weights, or training data of the Services or any AI System;
( d ) use the Services or any Output to develop, train, or improve a competing product or service;
( e ) resell, sublicense, rent, or otherwise make the Services available to any third party;
( f ) upload malicious code or interfere with the operation or integrity of the Services;
( g ) use the Services in violation of applicable law, including laws governing marketing, telemarketing, electronic communications, call recording, or consumer protection;
( h ) misrepresent an Output as human-generated analysis; or
( i ) use the Services in any manner that would cause PSAI to violate applicable law.
The Services are not designed to collect or process protected health information, government identification numbers, financial account information, biometric data, or information regarding individuals known to be under the age of 18. Customer will not submit such information through the Services.
Customer is solely responsible for the legality of all data it submits and for having all rights necessary to submit it and to authorize PSAI’s processing of it as described in these Terms. See Section 16.
Customer will not use any Output, including the PMI, as a basis for a decision regarding an individual’s eligibility for:
( a ) credit or lending;
( b ) employment or independent contracting opportunities;
( c ) housing; or
( d ) healthcare or insurance.
Outputs are provided for sales and marketing prioritization only.
PSAI may investigate suspected violations of this Part II. Upon a violation, PSAI may issue a warning, restrict or suspend access (with or without notice, depending on severity), terminate the Agreement for cause under Section 28, and pursue any other remedy available at law or in equity.
Customer may appeal a suspension or termination by written notice to legal@predictivesalesai.com within thirty (30) days. PSAI will respond within thirty (30) days.
12.1 Description and Inputs
The PMI is a rating generated by PSAI's proprietary model indicating the likelihood that a lead will result in a positive business outcome for the Customer. The model weighs a range of data about the lead and the associated property, drawing on information Customer submits as well as data PSAI independently sources, to generate the Output for the Customer that submitted the lead.
Generating the PMI is per-lead and elective. PSAI does not generate a PMI for leads a Customer has not submitted for that purpose. Each Output is calculated anew when a lead is submitted; PSAI does not reuse a previously generated Output.
12.2 Training Data
PSAI builds, trains, tests, tunes, and improves the Predictive Match Index™ model and its other AI Systems using:
( a ) Contact Data, Communications Data, and Technical and Usage Data submitted to or generated through the Services; and
( b ) Third-Party Data and Property Data that PSAI independently licenses or acquires.
This use is for PSAI's internal purpose of building and improving the quality of the Services, and is subject to Section 12.3.
12.3 Tenant Isolation
PSAI does not build or maintain consumer or household profiles across Customers.
A contact’s data, history, or activity associated with one Customer does not influence any Output PSAI generates for a different Customer. PSAI does not deduplicate, link, resolve, or otherwise associate Contact Data across Customers, and does not use Contact Data submitted by one Customer to correct, augment, or enrich Contact Data submitted by another.
PSAI may maintain and use Property Data, and Third-Party Data that it independently licenses, as shared information across the Services, including in generating Outputs for more than one Customer. Because Property Data and independently licensed Third-Party Data are not maintained in a form that identifies or is reasonably linkable to a particular individual or household, their use across Customers does not associate Contact Data across Customers and does not create a consumer or household profile.
PSAI’s models learn statistical patterns. They do not carry individual records between Customers.
12.4 Model Accuracy and Limitations
The PMI is a probabilistic indicator, not a guarantee. A high PMI does not guarantee a sale; a low PMI does not guarantee a lead will not convert. Customer is solely responsible for all business decisions made using Outputs, including which leads to prioritize and how to allocate sales resources. Outputs are informational and do not relieve Customer of its obligation to exercise independent business judgment.
PSAI does not provide an explanation of the specific factors contributing to any individual PMI rating and does not warrant the accuracy of any individual PMI rating.
13.1 Description. The PSAI Agent is an AI System that generates website pages, captions, and other content ("Agent Content") from Customer's business information and other data available within the Services, and, where Customer directs, prepares and publishes such content to Customer's connected third-party accounts and platforms.
13.2 Customer Review and Responsibility. Agent Content is generated by the PSAI Agent and may contain errors, omissions, or inaccuracies. Customer is responsible for reviewing Agent Content before it is published or used, and for ensuring that all published content is accurate, not misleading, and compliant with applicable law, including advertising, marketing, and endorsement laws. PSAI does not warrant that Agent Content is accurate, complete, original, or non-infringing, and Customer's use of Agent Content is at its own discretion and risk.
13.3 Agent Content. As between the parties, Customer may use, modify, and publish Agent Content generated for it in the ordinary course of its business. Agent Content is not an Output or a Derived Asset for purposes of Section 18, and PSAI does not claim ownership of the resulting Agent Content. PSAI retains all right, title, and interest in the PSAI Agent and its models, methodologies, and templates. Agent Content incorporated into a website developed by PSAI is additionally subject to Section 40.
13.4 Publishing to Third-Party Platforms. Where Customer directs the PSAI Agent to publish or distribute content to a third-party platform, such as a business listing, social media, or search platform, Section 45 applies and Customer authorizes such publishing through PSAI acting as its agent. Customer is responsible for the content it elects to publish and for compliance with the terms, policies, and applicable laws of each destination platform.
13.5 Project and Property Content. Where Agent Content includes details or images of a completed project, a property, or a homeowner's premises, Customer represents and warrants that it has all rights and consents necessary to use and publish them, including any consent required from the property owner or occupant. Section 16 applies to such content.
13.6 Additional Capabilities. The PSAI Agent may offer additional capabilities from time to time, including integrations with Customer's other business systems and additional distribution channels. New capabilities are governed by these Terms and by any additional terms PSAI presents where a capability materially changes the scope of processing or publishing.
Outputs may not be exported, shared, published, or otherwise distributed outside Customer’s own business except as expressly permitted by PSAI in writing. See Section 6.
Customer Account Data and Technical and Usage Data. PSAI processes this data for its own business purposes as described in these Terms, including operating, securing, analyzing, and improving the Services, developing new products and services, and generating analytics and benchmarks.
Third-Party Data. PSAI licenses or acquires this data on its own account and processes it for its own purposes, independent of Customer’s instructions.
Property Data. PSAI independently maintains Property Data and may use it across the Services as described in Section 12.3.
Contact Data and Communications Data. PSAI processes this data solely on Customer’s behalf and at Customer’s direction, solely for the purposes described in these Terms and for no other commercial purpose. PSAI does not Sell or Share this data, and does not retain, use, or disclose it outside its direct business relationship with Customer except as these Terms permit. PSAI’s retention and internal use of Contact Data to build and improve the quality of the Services, as described in Section 12.2 and Section 17.2(b), is part of performing the Services. PSAI does not build consumer or household profiles from Contact Data for use in serving another Customer (Section 12.3).
Outputs and Derived Assets. PSAI generates Outputs using its own proprietary models and methodologies. Outputs are PSAI’s own work product and are not Customer Data; PSAI determines the purposes and means of generating them.
The parties do not intend to create any joint arrangement with respect to the processing of Personal Information.
Customer represents and warrants that:
( a ) it has provided all notices and obtained all consents required under applicable law to collect Contact Data and to disclose it to PSAI for processing as described in these Terms, including for the purposes described in Section 12.2 and Section 17;
( b ) its own published privacy policy accurately discloses ( i ) that it discloses personal information to vendors that provide sales intelligence and analytics services, and ( ii ) that personal information is used for scoring, prioritization, analytics, and service improvement;
( c ) it has the right to grant the license in Section 17; and
( d ) PSAI’s processing of Contact Data as directed by Customer will not violate applicable law or any third party’s rights.
17.1 Ownership
As between the parties, Customer retains ownership of Customer Data. PSAI retains ownership of the Services, the AI Systems, Property Data, and all Derived Assets (Section 18).
17.2 License Grant
Customer grants PSAI a perpetual, irrevocable, royalty-free license, which PSAI may sublicense and transfer, to host, store, reproduce, process, analyze, transmit, display, and create derivative works from Customer Data, exercised as follows. This license survives termination or expiration of the Agreement for any reason.
( a ) Customer Account Data and Technical and Usage Data. PSAI may use such data for any lawful business purpose, including operating, securing, analyzing, and improving the Services, developing new products and services, and generating analytics and benchmarks.
( b ) Contact Data and Communications Data. PSAI may use such data solely to:
( i ) provide, maintain, secure, and support the Services for Customer;
( ii ) detect and prevent security incidents, fraud, and illegal activity;
( iii ) comply with applicable law; and
( iv ) internally build and improve the quality of the Services, including training, testing, tuning, and evaluating PSAI’s models, algorithms, and AI Systems, subject to Section 12.3.
PSAI will not Sell or Share Contact Data or Communications Data, build cross-Customer consumer or household profiles from it, or augment it with outside data except as needed to serve Customer.
( c ) Derived Assets. PSAI’s rights are as set forth in Section 18.
17.3 Business Transfer
PSAI may assign the Agreement, and may transfer or disclose Customer Data and Derived Assets, in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of its assets, provided the successor remains bound by obligations no less protective than those in these Terms. Customer’s continued use of the Services following such a transaction constitutes agreement to the successor’s applicable terms.
18.1 Definition
“Derived Assets” means the following, in each case as PSAI’s own work product and excluding Customer Data itself:
( a ) PSAI’s models, algorithms, model weights, parameters, and training artifacts;
( b ) Outputs, including PMI ratings, inferences, scores, and rankings generated by the Services; and
( c ) benchmarks, indices, statistical analyses, and reports derived from the foregoing, in a form not reasonably capable of being associated with a particular individual or household.
18.2 Ownership
As between the parties, PSAI exclusively owns all right, title, and interest in and to the Derived Assets, including all intellectual property rights therein. Customer irrevocably assigns to PSAI all right, title, and interest it may have in the Derived Assets. PSAI’s rights in the Derived Assets are perpetual and irrevocable, survive termination, and are not conditioned on Customer’s continued use of the Services.
Where Customer uses the Services to contact or communicate with contacts, PSAI processes Communications Data, which may include call metadata, message content, and where applicable call recordings and transcripts.
Where the Services record a call, the Services deliver a recording disclosure to the parties at the outset of the call. This disclosure is a standard feature of the recording function and does not depend on any action by Customer’s individual users.
Customer remains responsible for providing all notices and obtaining all consents required under applicable law from all parties to any communication conducted through the Services, including consents required by federal or state wiretapping, call recording, or electronic communications privacy laws. Customer acknowledges that certain jurisdictions require the consent of all parties to a recorded communication.
Customer may request deletion of specific recordings or transcripts at any time.
PSAI engages third-party vendors to support delivery of the Services, in categories including cloud infrastructure and hosting, payment processing, email and SMS delivery, analytics, and CRM integrations.
PSAI retains Customer Data and Third-Party Data for as long as reasonably necessary to fulfill the purposes described in these Terms, including providing the Services, complying with legal obligations, and exercising the rights described in Section 17.
Upon termination of the Services, PSAI will deactivate Customer’s account access. Data subject to the license in Section 17 is retained and used in accordance with that license and is not deleted solely as a result of termination.
Customer may request deletion of specific Contact Data at any time, and PSAI will comply within a reasonable period, subject to Section 17.2(b)(iv) and to PSAI’s legal retention obligations.
Individuals may request deletion of personal information processed in connection with the Services as described in PSAI’s Privacy Policy. Where PSAI processes personal information on Customer’s behalf, PSAI will either act on Customer’s behalf in responding to such a request or inform the individual that the request must be directed to Customer.
PSAI maintains administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of Customer Data and Third-Party Data against unauthorized access, use, disclosure, alteration, or destruction. These safeguards are appropriate to the nature and sensitivity of the data processed and are reviewed and updated periodically.
PSAI will notify affected Customers of a security breach without undue delay, and in no event later than thirty (30) days following PSAI’s discovery, except where a shorter period is required by applicable law.
Notice will include, to the extent known: the nature of the breach, the categories of data involved, and the steps PSAI is taking to investigate and remediate.
PSAI will cooperate with Customer’s reasonable requests for information necessary for Customer to comply with its own breach notification obligations.
Customer may access and manage Customer Account Data through the Services.
Rights of individuals with respect to Personal Information are addressed in Section 23 and in PSAI’s Privacy Policy.
The Agreement commences on the date Customer first accepts these Terms or enters into an Order Form and continues for the Subscription Term stated in the Order Form, renewing as provided there.
Either party may terminate for cause if the other materially breaches and fails to cure within thirty (30) days of written notice describing the breach.
PSAI may suspend or terminate immediately upon written notice if Customer’s account is delinquent beyond the period described in Section 29 or if Customer materially breaches Part II (Acceptable Use).
Customer will pay all fees for the Services as described in the applicable Order Form. Customer will provide PSAI with a valid and current payment method, such as a credit card or bank account authorization (“Payment Method”), and authorizes PSAI to charge or debit the Payment Method according to the applicable payment schedule. Where Customer provides a bank account, Customer authorizes PSAI to initiate recurring electronic (ACH) debits from that account for amounts due under the applicable Order Form; Customer may revoke this authorization by providing written notice to PSAI and a valid alternative Payment Method, with revocation effective within a reasonable time after receipt.
Customer is responsible for providing complete and accurate billing information and for notifying PSAI promptly of any changes. All fees are due on the date specified in the applicable Order Form.
Any payment not received within thirty (30) calendar days of its due date is subject to a one-time late fee equal to five percent (5%) of the overdue amount, and the outstanding balance will accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, until paid in full. In addition to any other remedies available to PSAI, delinquency may result in suspension or termination of Customer’s access to the Services in accordance with Section 28.
All payments to PSAI are non-refundable. Refunds and credits are not available for partial periods, unused Services, or completed work.
Fees for Professional Services are earned upon performance and are non-refundable, including for work in progress and committed third-party costs.
Customer may cancel a software subscription at any time by submitting a written cancellation request to finance@predictivesalesai.com prior to the end of the then-current Subscription Term. No cancellation fee applies. Following cancellation, Customer will retain access to the Services through the end of the then-current Subscription Term and will not be charged for any subsequent Subscription Term after cancellation is confirmed by PSAI.
Cancellation of Professional Services and website engagements is governed by Part VI.
PSAI makes web-based support available to all software subscription Customers. Tier-specific support scope and response times are as set forth in the applicable Order Form.
By enabling text notifications in account settings, Customer consents to receive text messages from PSAI. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe, HELP for help.
Fees are exclusive of all taxes. Customer is responsible for all applicable sales, use, and similar taxes, excluding taxes on PSAI’s income.
PSAI may make pre-release, beta, or preview features available. These are provided as is, without warranty or uptime commitment, and may be discontinued without notice. To the maximum extent permitted by law, PSAI has no liability of any kind arising from or relating to a Beta Feature. Customer’s use of any Beta Feature is at its own risk.
If Customer provides suggestions, ideas, or feedback regarding the Services, PSAI may use them without restriction or compensation, and Customer assigns to PSAI all rights in such feedback.
38.1 Scope and Order Forms
Each Professional Services engagement is described in an Order Form setting forth the services, fees, the period of performance (“Project Term”), and any engagement-specific terms. Professional Services may include website design and development, digital marketing and campaign management, onboarding and configuration assistance, and related agency services. PSAI will perform Professional Services in a professional and workmanlike manner.
38.2 Customer Responsibilities
Customer will cooperate as reasonably necessary, including providing timely approvals, content, materials, information, and access to accounts and systems, and designating an authorized point of contact.
PSAI is not responsible for delays, and timelines will be extended, to the extent caused by Customer. If Customer is unresponsive or fails to fulfill its responsibilities for thirty (30) consecutive days, PSAI may suspend the engagement, and fees for the period of suspension remain payable as scheduled.
Customer represents it has the rights necessary to provide any content or materials it supplies, and that PSAI’s use of them as directed will not infringe any third party’s rights.
38.3 Timeline
Project schedules, milestones, and completion dates in an Order Form are good-faith estimates, not guaranteed completion dates, unless expressly stated otherwise. Timelines extend for Customer-caused delay, agreed scope changes, and force majeure.
38.4 Website and Platform
Customer's website is a feature of PSAI's platform, built and maintained using PSAI's proprietary software, tools, and templates, and provided as part of Customer's ongoing subscription to PSAI's services.
Customer retains ownership of its own intellectual property, including any logos, business content, images, and other materials it provides for use on its website.
If Customer's subscription ends, its access to the website ends. Customer is responsible for compatibility with any new provider's platform, and PSAI has no obligation to support, migrate, or configure files for another provider.
38.5 Professional Services Warranty and Reperformance
PSAI warrants that Professional Services will be performed in a professional and workmanlike manner and materially as described in the Order Form. Reperformance, together with Customer’s right to terminate for cause where applicable, is Customer’s sole and exclusive remedy and PSAI’s entire liability for breach of this warranty.
Customer must notify PSAI in writing of any claimed breach within thirty (30) days after performance. Claims not raised within that period are waived.
38.6 Professional Services Termination
Either party may cancel by sixty (60) days prior written notice (Section 31). Either party may terminate for cause under Section 28.
Termination of Professional Services does not automatically terminate any active software subscription. Upon termination, Customer remains responsible for all fees incurred or committed, including costs committed to third parties. Disposition of website content and files is governed by Section 40.
38.7 Independent Contractor Status
PSAI performs all Professional Services as an independent contractor. Nothing creates an employment, joint venture, or partnership relationship, and neither party may bind the other — except PSAI’s limited authorization to act as Customer’s agent with respect to third-party accounts under Section 45.
The Services, the AI Systems, all Derived Assets, Property Data, and all software, documentation, and materials provided by PSAI are and remain PSAI’s exclusive property. No rights are granted except as expressly stated.
Each party will protect the other’s Confidential Information with reasonable safeguards and use it only as necessary to perform under the Agreement. Confidentiality obligations survive termination.
Some Services may require Customer to provide PSAI access to accounts held with third-party providers, such as social media platforms, business listing services, CRM systems, communication providers, and other technology partners. By providing such access, Customer authorizes PSAI to act as its agent and to make additions or changes necessary to perform the Services.
Customer is responsible for all costs associated with third-party services. PSAI does not endorse and is not responsible for any aspect of third-party services, including how they manage or process data, and is not liable for changes to third-party platform policies, features, algorithms, or pricing, or for the performance of any campaign or listing.
PSAI represents and warrants that, during the Subscription Term, the software Services will perform materially as described.
Except as expressly stated, the Services are provided “as is.” PSAI disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Data and related materials used to provide the Services are provided “as is,” and the entire risk of their use rests with Customer.
Each party will defend and indemnify the other against third-party claims arising from its breach of the Agreement or violation of applicable law.
Customer will indemnify PSAI against any claim arising from ( a ) Customer’s breach of Section 16 (Customer Representations Regarding Data), ( b ) Customer’s collection or submission of Contact Data without required notices or consents, ( c ) Customer’s use of Outputs in violation of Section 10, or ( d ) Customer’s marketing or outreach campaigns.
Neither party is liable for indirect, incidental, consequential, special, or punitive damages.
Software claims: each party’s total aggregate liability will not exceed the amounts paid by Customer for the software subscription in the six (6) months preceding the event giving rise to the claim.
Professional Services claims: each party’s total aggregate liability will not exceed the amounts paid under the applicable Order Form in the six (6) months preceding the event giving rise to the claim.
Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
Governing Law. Florida law governs, without regard to conflicts of law principles.
Dispute Resolution. The parties will negotiate in good faith. Unresolved disputes will be settled by binding arbitration before a single arbitrator under AAA Commercial Arbitration Rules, seated in Florida. Carve-outs: small claims actions and requests for injunctive relief. A class action waiver applies.
Assignment. Customer may not assign without PSAI’s written consent. PSAI may assign as provided in Section 17.3.
Notices. Notices to PSAI: legal@predictivesalesai.com. Notices to Customer: the email address on file.
Entire Agreement. These Terms and each Order Form constitute the entire agreement and supersede all prior agreements, including any prior Terms of Service, Acceptable Use Policy, AI Policy, Data Processing Schedule, or Professional Services Terms. The Privacy Policy is a separate document governing PSAI’s consumer-facing privacy practices.
Severability. If any provision is held unenforceable, the remainder continues in effect.
E-Signature. The parties consent to electronic signatures and records under the E-SIGN Act and UETA.
Survival. Sections 9, 10, 14, 15, 16, 17, 18, 23, 24, 30, 44, 46, 47, and 49 survive termination.