Terms and conditions
DEFINITIONS AND SERVICES
1.1 The Services: FireHorse Systems (“Provider”) provides custom AI architecture, workflow automation, and managed maintenance (“Services”).
1.2 Synthetic Agents: Client acknowledges that the Services involve the creation of “AI Agents” or “Synthetic Agents.” Under the Utah Artificial Intelligence Policy Act and similar US state statutes, the Client is responsible for ensuring clear disclosure to end-users that they are interacting with an artificial intelligence.
FEES AND PAYMENT TERMS
2.1 Initial Setup Fee: The Setup Fee is considered fully earned and non-refundable upon execution of this Agreement. This fee covers immediate custom architecture labor, API provisioning, and resource allocation.
2.2 Managed Services: Retainer fees are billed monthly. Clients may cancel at any time; however, a 30-day written notice is required.
2.3 Payment Processing: All payments are handled via Paystack (a Stripe Company). Provider does not store, process, or transmit full credit card data.
AI PERFORMANCE AND LIABILITY
3.1 The “Hallucination” Disclaimer: Client acknowledges that Large Language Models (LLMs) can produce inaccurate or “hallucinated” information. Provider is not liable for errors, omissions, or reputational damage caused by autonomous AI outputs.
3.2 Third-Party Dependencies: Provider is not responsible for service interruptions caused by third-party platforms (e.g., OpenAI, Anthropic, n8n, Make).
3.3 Limitation of Liability: To the maximum extent permitted by law, Provider’s total liability shall not exceed the amount paid by the Client in the three (3) months preceding the claim.
US COMPLIANCE (HIPAA & TCPA)
4.1 HIPAA (Medical/Aesthetics): Provider acts as a Business Associate under US law. While Provider builds “HIPAA-ready” infrastructure, the Client is responsible for maintaining overall clinical compliance and signing a separate Business Associate Agreement (BAA).
4.2 No Medical Advice: FireHorse Systems’ agents are administrative tools only. They are not permitted to provide medical diagnoses, triage, or clinical advice.
4.3 TCPA (SMS Compliance): For all SMS notifications (reminders, memberships), the Client is the “Sender” as defined by the Telephone Consumer Protection Act. Client must:
• Obtain “Prior Express Written Consent” from all recipients.
• Manage 10DLC Brand/Campaign registration.
• Ensure no Protected Health Information (PHI) is sent via unencrypted SMS.
GOVERNING LAW AND ARBITRATION
5.1 Jurisdiction: This Agreement is governed by the laws of the Republic of South Africa.
5.2 Mandatory Arbitration: Any dispute arising from this Agreement shall be referred to and finally resolved by arbitration in Johannesburg, South Africa, in accordance with the International Arbitration Act 15 of 2017.
INSURANCE
6.1 Provider maintains (or is in the process of securing) Professional Indemnity and Errors & Omissions (E&O) Insurance appropriate for international technology services.