Terms of Service

Your Fellow Agent is owned and operated by Mr. Davis Clothing Company, a C corporation ("Mr. Davis," "we," "us," or "our"). These Terms of Service ("Terms") set forth the terms and conditions that govern your access to and use of our agent platform, websites, client dashboards, embeddable widgets, APIs, and related software tools (collectively, the "Services").

By accessing, browsing, registering for, or using our Services, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms and our Privacy Policy in their entirety. If you do not agree to these Terms, do not use the Services.

1. Definitions

• "Business Owner" (or "Account Holder") means an individual or entity that registers an account, configures an agent, or deploys our Services for a business or organization.
• "End User" means any customer, visitor, or individual who interacts with an agent or contact form powered by the Services on a Business Owner's website.
• "Agent" means the conversational software assistant powered by artificial intelligence and configured through our platform to interact with website visitors.
• "Content" means any text, instructions, FAQs, business data, URLs, documents, customer messages, or other materials submitted to, processed by, or generated through the Services.

2. Eligibility and Authority

By using the Services, you represent and warrant that you:

1. Are at least 18 years of age and of legal age to form a binding contract.
2. Have not previously been suspended, restricted, or removed from the Services by Mr. Davis.
3. Have the requisite power and authority to bind yourself or the legal entity on whose behalf you are acting.
4. Will provide true, accurate, current, and complete registration information.

3. Account Registration & Submitted Websites

To configure and deploy an agent, you must create an account. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or security breach.

3.1 Submitted Business Websites

When you submit a business URL or use the Services to build an agent for a business, you represent and warrant that you are authorized to act for that business. You explicitly authorize Mr. Davis to access, crawl, extract, and analyze the public pages of the submitted website, extract public business facts, policies, FAQs, and contact details, and use that material to assemble the agent and communicate with you about completing setup. Mr. Davis reserves the right to decline or restrict submissions that appear unauthorized, unlawful, or abusive.

4. License Grant and Acceptable Use

4.1 Limited License

Subject to these Terms and active subscription standing, Mr. Davis grants you a limited, revocable, non-exclusive, non-transferable license to embed the widget snippet on approved websites and use the dashboard for your internal business purposes.

4.2 Acceptable Use Restrictions

You agree not to use the Services to:

• Violate any federal, state, local, or international law, regulation, or court order.
• Transmit, display, or generate material that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, sexually explicit, or racially or ethnically objectionable.
• Infringe upon or misappropriate any third party's patent, copyright, trademark, trade secret, or other proprietary rights.
• Impersonate any person or entity without authorization or misrepresent your affiliation with any person or organization.
• Deploy agents designed to engage in deceptive, manipulative, or fraudulent schemes.
• Collect sensitive financial data (such as credit card numbers or bank credentials) or protected health information through the chat interface without our written consent.
• Reverse engineer, decompile, disassemble, or derive source code from any portion of the Services.
• Circumvent rate limits, authentication safeguards, security controls, or usage metering mechanisms.
• Send unsolicited bulk communications, spam, or abusive automated traffic.

4.3 Mandatory AI Disclosure Obligation

5. Content and Data Ownership

5.1 Customer Content

You retain all right, title, and interest in and to the proprietary knowledge, documents, and instructions you submit to the Services ("Customer Content"). You grant Mr. Davis a worldwide, royalty-free license to host, parse, copy, process, and display Customer Content solely as necessary to provide, maintain, and support the Services.

5.2 Merchant Customer Data & Service Provider Status

All messages, chat transcripts, visitor inquiries, contact details, and appointment requests submitted by End Users through your installed agent or contact forms constitute Customer Data. As between the parties, you retain all right, title, and interest in and to Customer Data.

Mr. Davis acts strictly as a Service Provider (as defined under the California Consumer Privacy Act / CPRA § 1798.140(ag)) and Data Processor (under GDPR Art. 4(8)) with respect to Customer Data. Mr. Davis processes Customer Data solely on your behalf, in accordance with your configuration and instructions, and will not sell, share, retain, use, or disclose Customer Data for any purpose outside the direct business relationship between you and Mr. Davis, or to train public foundation AI models.

As the Business Owner, you are the Business / Data Controller of your customer relationships and agree to:

• Maintain an up-to-date privacy policy on your website that accurately informs visitors of your collection and processing of chat messages and contact information.
• Obtain all legally required visitor consents before collecting personal information.
• Respond to data subject requests (access, correction, or deletion) initiated by your customers.

6. Artificial Intelligence and Third-Party Technology

The Services utilize advanced generative artificial intelligence models provided by third-party suppliers, including Google Gemini and OpenAI. You acknowledge and agree that:

• Generative AI models are non-deterministic and can occasionally generate inaccurate, incomplete, misleading, or unexpected statements ("hallucinations").
• You are solely responsible for testing, reviewing, supervising, and refining your agent's knowledge base, custom instructions, and behavior before and during deployment.
• Mr. Davis does not warrant that AI-generated responses will be error-free or suitable for critical business decisions without human verification.
• Service availability may depend on upstream API availability from third-party model providers.

When you connect and enable a business tool, you authorize the Services to use that tool according to your configuration to assist your customers. You remain responsible for the connected service, its business rules, and any resulting bookings, fulfillment, charges, or other actions. Your Fellow Agent connects externally hosted tools; it does not host merchant-uploaded executable code. Approval and recovery behavior depend on the tool's configuration and capabilities. The same Terms apply when you manage the Services through MCP.

7. Subscriptions, Fees, Free Trials, and Offline Grace Mode

7.1 14-Day Free Trial

New Business Owners receive a fourteen (14) day free trial of the full web-agent experience without requiring a credit card upfront. The trial begins when the agent is installed on an approved business domain and has its first real customer conversation. Testing and configuring the agent within the private dashboard does not start or consume the 14-day trial period.

7.2 Subscription Plans & Conversation Allowances

Following trial expiration, continued public agent functionality requires an active paid subscription:

• Starter Plan: $29 per month (or $290 per year billed annually for ten months), including up to 100 customer conversations per month, 1 agent on 1 website, and 2 team seats.
• Business Plan: $79 per month (or $790 per year billed annually for ten months), including up to 500 customer conversations per month, 1 agent on 1 website, and 5 team seats.
• Growth Plan: $199 per month (or $1,990 per year billed annually for ten months), including up to 2,000 customer conversations per month, up to 3 agents across 3 websites, and 10 team seats.

A "customer conversation" is measured as one continuous customer chat thread or session. Team member replies within the thread are included and are not metered separately. Conversation allowances reset on a monthly cadence for both monthly and annual plans. Unused monthly conversations do not roll over.

7.3 Conversation Overages

To prevent disruptive hard stops during high-traffic months, active paid agents remain online if monthly volume exceeds plan allowances. Conversations in excess of your plan allowance are metered and billed at the published overage rates: $0.40 per additional conversation on Starter, $0.25 per additional conversation on Business, and $0.12 per additional conversation on Growth. Overages are billed automatically through Stripe on your next scheduled invoice.

7.4 Inactive Billing & Contact-Form Offline Mode

If your 14-day trial expires without activating a paid subscription, or if your subscription is canceled or lapses for non-payment, the installed widget on your website does not crash or disappear. Instead, it gracefully switches to contact-form / offline mode.

In contact-form mode, the widget continues to collect visitor contact details and inquiry messages so you do not miss customer leads, but automated AI answers and owner-reply workflows are disabled. Private dashboard testing and agent configuration remain accessible so you can review and refine your agent prior to activating billing.

7.5 Payment Terms & Taxes

Subscriptions renew automatically at the end of each billing cycle unless canceled prior to renewal via your account billing portal. All fees are quoted in U.S. dollars and are exclusive of applicable federal, state, or local sales taxes. All fees are non-refundable except where required by law.

8. Intellectual Property

Your Fellow Agent, Mr. Davis, and their respective logos, trademarks, service marks, graphics, software, codebases, and website content are the exclusive property of Mr. Davis Clothing Company or its licensors and are protected by United States and international copyright, trademark, trade dress, and patent laws. You may not copy, reproduce, distribute, display, or create derivative works from our software or brand assets without express prior written consent.

9. Disclaimer of Warranties

10. Limitation of Liability

11. Indemnification

You agree to defend, indemnify, and hold harmless Mr. Davis Clothing Company, its affiliates, and their respective directors, officers, members, managers, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Services.
• Your violation of any provision of these Terms or applicable laws.
• Customer Content, knowledge base materials, or prompt configurations you submit.
• Any claims, demands, or disputes brought by your End Users or website visitors relating to their interactions with your agent.
• Your failure to provide clear notice or disclosure to End Users regarding the artificial intelligence nature of the agent.

12. Suspension and Termination

Mr. Davis reserves the right to suspend or terminate your account and access to the Services immediately, with or without prior notice, in the event of any suspected breach of these Terms, abusive behavior, or non-payment. You may terminate your account at any time through the dashboard or by notifying support. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, liability limits, and indemnification) will survive.

13. Governing Law and Dispute Resolution

These Terms, their interpretation, and any dispute or claim arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law.

You and Mr. Davis irrevocably agree that any legal action, suit, or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Johnson County, Kansas, and each party irrevocably submits to the personal jurisdiction and venue of such courts.

14. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Mr. Davis Clothing Company regarding the Services and supersede all prior understandings.
• Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• No Waiver: The failure of Mr. Davis to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. Mr. Davis may assign or delegate these Terms without restriction.
• Force Majeure: Mr. Davis shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, labor disputes, utility outages, telecommunications failures, or upstream API outages.

15. Contact Us & Legal Notices

If you have any questions or legal inquiries regarding these Terms, please contact: