1. Introduction

These Terms of Service (“Terms”) govern access to and use of websites, products, technology, creative services, and other services provided by Bestjobmarketing and Sales, including services offered under the GrowthDriven AI,  NextFrame Videos and 5_Starreputation brands (“we,” “us,” or “our”).

By purchasing, accessing, accepting, or using our services, or by accepting a proposal, order form, subscription, service agreement, or other agreement incorporating these Terms, you (“Client,” “you,” or “your”) agree to these Terms.

If you accept these Terms on behalf of a business or organization, you represent that you have authority to bind that organization.

These Terms should be read together with any applicable proposal, order form, statement of work, subscription, or service agreement.

If there is a conflict between these Terms and a written service agreement specifically accepted by both parties, the specific service agreement will govern to the extent of that conflict.

2. Our Services

Bestjobmarketing and Sales provides business, marketing, technology, automation, video, and related services through brands including GrowthDriven AI and NextFrame Videos.

Services may include:

AI-powered website agents and assistants;

automated customer service and lead-response systems;

lead qualification;

appointment and service-request assistance;

CRM and business automation;

website integrations;

AI demonstrations and prototypes;

marketing and business-support services;

video production and editing;

short-form and promotional video;

creative development;

marketing content; and

related implementation, consulting, support, and technology services.

The specific services provided to a Client are determined by the applicable package, proposal, order, subscription, statement of work, or service agreement.

3. GrowthDriven AI Services

GrowthDriven AI services may use artificial intelligence, automation, third-party software, integrations, and other technologies to interact with website visitors, answer questions, collect information, qualify inquiries, assist with appointment or service requests, route communications, and perform other configured functions.

The capabilities of an AI system depend upon its configuration, available knowledge, third-party technology, integrations, and information and instructions supplied by the Client.

Artificial intelligence is automated technology and may occasionally generate information that is incomplete, inaccurate, outdated, unexpected, or otherwise unsuitable for a particular circumstance.

We do not guarantee that an AI system will produce an error-free or appropriate response in every interaction.

4. GrowthDriven AI Service Models

GrowthDriven AI services may be provided under one of two primary service models. The applicable proposal, order form, subscription, or service agreement will identify the service model purchased by the Client.

A. SaaS / Client-Managed Service

Under the SaaS / Client-Managed Service model, the Client is provided access to a Client Portal and is primarily responsible for managing the Client-controlled portions of its GrowthDriven AI service.

Depending upon the configuration, this may include maintaining business information, knowledge-base content, calendar and scheduling settings, contacts, communications, and other functionality available through the Client Portal.

GrowthDriven AI may provide initial setup, configuration, instructions, support, or other assistance as specified in the applicable service agreement.

The Client remains responsible for maintaining accurate and current Client-controlled information and reviewing the operation of its AI agent and other Client-managed services.

B. Done-With-You (DWY) / Managed Assistance Service

Under the Done-With-You (“DWY”) / Managed Assistance Service model, GrowthDriven AI provides additional hands-on assistance with agreed configuration, maintenance, updates, or management of the Client's GrowthDriven AI service, as specified in the applicable package or service agreement.

The DWY service is a collaborative service.

The Client remains responsible for providing GrowthDriven AI with accurate, complete, current, and lawful business information and for promptly notifying us when relevant information changes.

GrowthDriven AI will use reasonable efforts to implement properly submitted information, updates, and requested changes that fall within the scope of the Client's DWY service.

GrowthDriven AI is not responsible for discovering changes to the Client's business that have not been communicated to us, including changes to pricing, services, hours, availability, service areas, promotions, policies, warranties, financing, personnel, or other business information.

The Client remains responsible for reviewing and approving material business information used by its AI agent.

C. Service Scope

The level of management, support, maintenance, updates, integrations, and other services included in either service model will be determined by the applicable package, proposal, order form, or service agreement.

Work outside the applicable service scope may require additional fees or a separate agreement.

5. AI Is Not Professional Advice

Unless expressly agreed otherwise in writing, GrowthDriven AI services are intended for general business functions such as customer engagement, information delivery, lead handling, and appointment assistance.

GrowthDriven AI systems are not intended to provide legal, medical, financial, accounting, emergency, or other regulated professional advice.

Clients must not intentionally configure or represent a GrowthDriven AI service as a substitute for qualified professional advice or judgment where such professional assistance is legally or reasonably required.

6. Client Responsibilities

Clients are responsible for providing information reasonably required to configure and operate the services.

The Client is responsible for the accuracy, completeness, legality, and currency of information it supplies, approves, maintains, or instructs us to use.

The Client is also responsible for operating its business and using our services in accordance with laws and regulations applicable to that business.

Our provision of technology, marketing, automation, or creative services does not constitute legal or regulatory advice to the Client.

7. Demonstration and Replica Websites

As part of our consultation and sales process, we may create temporary demonstrations, prototypes, mock-ups, or replicas using publicly accessible portions of a prospective Client's website.

These demonstrations may show how a GrowthDriven AI agent, automation, website feature, or related service could operate with the prospective Client's existing online presence.

Unless otherwise authorized, demonstration websites are:

for demonstration and evaluation purposes;

not intended to replace the business's official website;

not intended to impersonate or misrepresent affiliation with the business; and

not intended for public commercial operation on behalf of the prospective Client.

Ownership of existing trademarks, logos, website content, photographs, and other third-party materials remains with their respective owners.

8. NextFrame Videos and Creative Services

NextFrame Videos may provide video production, editing, creative development, marketing content, and related services.

Clients are responsible for ensuring they possess appropriate rights, permissions, releases, licences, and consents for materials supplied to us.

This may include photographs, videos, music, trademarks, logos, testimonials, customer or employee images, voice recordings, scripts, and other third-party material.

Project scope, deliverables, revisions, schedules, and pricing may be established in the applicable proposal or service agreement.

Work requested outside the agreed scope may require additional fees.

9. Third-Party Technology and Services

Our services may depend upon third-party technology providers, including CRM systems, artificial intelligence providers, website and cloud hosting services, telecommunications providers, email and messaging platforms, calendars, scheduling platforms, payment processors, video-production tools, and other technology providers.

Third-party providers may change their features, pricing, APIs, policies, availability, or technical requirements.

We do not control third-party platforms and cannot guarantee their continuous availability or performance.

We may reasonably modify, replace, or discontinue an integration when necessary because of changes to third-party services or technology.

10. Fees and Pricing

Fees are specified in the applicable proposal, order, invoice, subscription, checkout process, or service agreement.

Fees may include:

setup or implementation fees;

project fees;

monthly or recurring service fees;

usage-based fees;

fees for work outside the agreed scope; and

applicable taxes.

Prices and service packages displayed in general marketing materials or on our websites are subject to change.

Changes will not retroactively change amounts already due under an accepted agreement.

Changes to recurring fees for existing Clients will be handled in accordance with the applicable agreement and applicable law.

11. Payment Processing

Payments may be processed through third-party payment processors such as Stripe, PayPal, or other providers we make available.

By providing a payment method through an authorized processor, the Client authorizes applicable charges associated with purchased services, subject to the applicable service agreement.

Payment card and financial information submitted directly to a payment processor is handled according to that provider's terms, privacy policies, and security practices.

We generally do not receive or store complete payment card numbers when payment information is submitted directly through these payment services.

We are not responsible for interruptions or processing errors caused solely by a third-party payment provider, but we will take reasonable steps to assist with legitimate payment issues relating to our services.

12. Recurring Services

Certain GrowthDriven AI and other ongoing services may be provided on a month-to-month recurring basis unless a different term is specified in the applicable agreement.

Where recurring payment authorization has been provided, applicable recurring charges may be submitted to the authorized payment method on each billing date until cancelled or otherwise terminated.

Recurring services continue from one billing period to the next unless cancelled.

13. Failed or Overdue Payments

If a payment is declined, reversed, disputed, or overdue, we may contact the Client and provide a reasonable opportunity to correct the payment issue.

Subject to the applicable agreement and law, we may suspend or limit services where amounts remain overdue.

Suspension does not necessarily cancel amounts properly incurred before suspension or termination.

14. Cancellation of Recurring Services

Unless a different arrangement is specified in the applicable service agreement, a Client may cancel a month-to-month recurring service before the next scheduled billing date.

Cancellation prevents renewal for an additional billing period.

Following cancellation, the Client will normally continue receiving the applicable service until the end of the billing period for which payment has already been made.

At the end of the paid billing period, applicable hosted services, AI agents, automations, integrations, support, or other ongoing GrowthDriven AI-managed services may be disabled.

Cancellation does not relieve the Client of amounts properly incurred before the effective cancellation date.

15. Refunds

Recurring service fees are generally non-refundable once the applicable billing period has begun because service remains available through the end of that paid billing period.

We do not normally provide prorated refunds or credits for unused portions of a billing period following Client-requested cancellation.

Setup fees, implementation fees, custom production fees, creative work, and other fees for work already commenced or completed may also be non-refundable.

We may provide a refund or credit in exceptional circumstances at our discretion. Providing one on a particular occasion does not create an obligation to do so in the future.

Nothing in these Terms limits rights that cannot legally be excluded or waived.

16. Suspension or Termination

We may suspend or terminate services where reasonably necessary if:

required payments remain overdue;

the Client materially breaches these Terms or an applicable agreement;

services are being used unlawfully or abusively;

continued operation creates a material security or technical risk;

the Client's use materially harms us, our providers, or another person;

a required third-party service becomes unavailable; or

we are required to do so by law.

Where reasonably practical, we will attempt to provide notice and an opportunity to address a remediable issue before terminating service.

17. Effect of Cancellation or Termination

When a Client cancels a month-to-month service, service will normally remain active through the end of the paid billing period.

At the conclusion of that period, access to hosted systems, AI agents, automations, integrations, support, or other ongoing services provided or managed by us may be disabled.

Clients are responsible for exporting or retaining information they require before their service ends where an export option is reasonably available.

Cancellation does not transfer ownership of Bestjobmarketing and Sales' proprietary technology, workflows, prompts, automation logic, templates, processes, methods, or other intellectual property.

Different provisions may apply where service is suspended or terminated for non-payment, unlawful activity, security concerns, material breach, or another circumstance described in these Terms.

18. Intellectual Property and Ownership of the GrowthDriven AI System

Bestjobmarketing and Sales retains all right, title, and interest in the GrowthDriven AI system and our underlying technology, intellectual property, and proprietary materials.

This includes, without limitation:

AI agent structures and configurations;

system prompts and prompt frameworks;

workflows and automation logic;

CRM and communication workflows created by us;

integration methods;

templates;

processes and operating methods;

system architecture;

training and configuration methods;

scripts and frameworks;

reusable components;

documentation and implementation methods;

know-how; and

improvements and developments relating to our systems.

Payment of setup, implementation, subscription, or other fees does not constitute a sale or transfer of ownership of the GrowthDriven AI system.

During an active service relationship, the Client receives a limited, non-exclusive, non-transferable right to use the GrowthDriven AI services configured for that Client, subject to these Terms and the applicable agreement.

Unless expressly agreed otherwise in writing, Clients may not copy, reproduce, reverse engineer, resell, sublicense, transfer, disclose, or provide our proprietary workflows, prompts, configurations, templates, automation systems, or underlying technology to another provider or third party.

19. Client Data

As between the Client and Bestjobmarketing and Sales, the Client retains its rights and interests in its business information, records, content, leads, customer information, prospect information, and other data supplied by or collected for the Client through the services (“Client Data”), subject to the rights of individuals under applicable privacy and other laws.

Bestjobmarketing and Sales does not acquire ownership of Client Data merely because it is processed, stored, transmitted, or otherwise handled through our services.

The Client authorizes us to access, process, store, transmit, modify, and otherwise handle Client Data as reasonably necessary to provide and support the contracted services, maintain security, troubleshoot problems, comply with legal obligations, and perform functions authorized by the Client.

The Client is responsible for ensuring it has appropriate authority, notices, permissions, and consents for Client Data it instructs us to process.

20. Improvements and General Know-How

In providing services, Bestjobmarketing and Sales may develop or refine general methods, workflows, prompts, automation techniques, system configurations, processes, templates, integrations, and other know-how.

We may use and incorporate such general knowledge, experience, methods, improvements, and techniques in services provided to other clients and in developing or improving our own services.

We will not use this right to disclose a Client's confidential information, identifiable Client Data, customer information, trade secrets, or other proprietary information.

Nothing prevents us from independently developing or providing services, systems, features, workflows, or solutions similar to those provided to a particular Client, provided we do not improperly use or disclose that Client's confidential information or Client Data.

21. AI Knowledge Base and Client Information

GrowthDriven AI services may rely upon a knowledge base containing information supplied, approved, selected, maintained, or authorized by the Client.

Regardless of service model, the Client is responsible for ensuring the underlying business information supplied for use by its AI agent is accurate, complete, current, lawful, and appropriate.

This may include services, pricing, hours, service areas, appointment information, promotions, warranties, guarantees, financing information, policies, contact information, frequently asked questions, and other business information.

SaaS / Client-Managed Clients

SaaS Clients are responsible for maintaining Client-controlled knowledge-base information and other available settings through the Client Portal and for submitting changes that cannot reasonably be completed through the Portal using the update method provided.

DWY / Managed Assistance Clients

DWY Clients are responsible for promptly providing GrowthDriven AI with accurate information and notifying us when information needs to be added, corrected, removed, or updated.

GrowthDriven AI will use reasonable efforts to implement properly submitted changes within the scope of the Client's DWY service.

The Client remains responsible for the accuracy of the underlying information it provides or approves.

No Assumption of Automatic Updating

Unless expressly stated in the applicable service agreement or configuration, Clients should not assume that knowledge-base information automatically synchronizes with changes to their website, pricing, calendar, internal systems, policies, or other information sources.

Bestjobmarketing and Sales is not responsible for inaccurate, outdated, incomplete, or misleading information resulting from a Client's failure to maintain accurate information or notify us of required changes.

22. Client Portal and Updates

GrowthDriven AI may provide Clients with access to a third-party-powered Client Portal for managing permitted components of their service.

Available functionality may include business information, knowledge-base information, calendars, scheduling, contacts, customer records, conversations, appointment requests, communications, and other permitted functionality.

Available functionality may change as our services and underlying technologies evolve.

Clients are responsible for protecting their portal credentials and activity conducted through their authorized accounts.

GrowthDriven AI may restrict access to system-level configurations, proprietary workflows, prompts, automation logic, administrative settings, or other components forming part of our proprietary systems.

Providing Client Portal access does not transfer ownership of the underlying GrowthDriven AI system or third-party technology.

23. AI-Generated Responses

AI systems are probabilistic and may occasionally generate inaccurate, incomplete, outdated, unexpected, or inconsistent responses.

GrowthDriven AI is designed to reduce these risks through appropriate configuration, knowledge-base information, instructions, and safeguards, but no AI system can be guaranteed to produce an accurate response in every circumstance.

Clients are responsible for periodically reviewing the operation of their AI agent and promptly reporting material inaccuracies or inappropriate responses that come to their attention.

We will use reasonable efforts to investigate and, where reasonably possible, correct reported configuration or knowledge-base issues falling within the scope of the contracted service.

24. Authority of AI Agents

Unless expressly configured and authorized in writing, a GrowthDriven AI agent does not have independent authority to enter into contracts or make legally binding commitments on behalf of a Client.

Without specific authorization and appropriate configuration, an AI agent should not be treated as having authority to:

establish or modify prices;

approve discounts or refunds;

extend credit or financing;

create or modify warranties or guarantees;

enter into contracts;

waive Client policies; or

otherwise legally bind the Client.

The Client remains responsible for final business decisions, contractual commitments, pricing, professional advice, and other matters requiring human authorization unless expressly agreed otherwise in writing.

25. Calendars, Appointments and Service Requests

GrowthDriven AI may allow a Client to use scheduling functionality available through the Client Portal or direct customers to another calendar or scheduling system selected by the Client.

The Client is responsible for selecting, configuring, maintaining, and monitoring its chosen calendar or scheduling process, including availability, hours, appointment types, and scheduling rules.

Where an AI agent collects an appointment, service, estimate, callback, or consultation request without completing a specifically authorized confirmed booking process, the request is considered pending and is not a confirmed appointment.

The Client is responsible for reviewing the request and confirming, declining, rescheduling, or otherwise responding to the customer or prospect.

Where a user is redirected to an external scheduling provider, availability, booking, confirmation, privacy practices, and operation of that service may be governed by the Client's settings and the provider's terms.

GrowthDriven AI does not guarantee the accuracy or availability of Client-controlled or third-party calendars.

Clients are responsible for monitoring their calendar, Client Portal, CRM, notifications, and other configured communication channels.

26. Emergency and Safety-Critical Situations

GrowthDriven AI services are not emergency response, emergency dispatch, or professional safety-assessment services and should not be relied upon as a substitute for emergency services or qualified professional assistance.

AI agents may be configured to recognize certain situations that could indicate an urgent or potentially dangerous condition. Artificial intelligence may not recognize every emergency or accurately determine the seriousness of a situation.

Where an interaction indicates a situation that may involve an immediate risk to personal safety, health, property, or the environment, an AI agent may advise the user to stop relying on the AI interaction and contact appropriate emergency services, public safety authorities, the Client directly, or another qualified emergency or professional service.

Potentially urgent situations may include suspected gas leaks, fire, carbon monoxide concerns, serious electrical hazards, flooding or uncontrolled water release, or other conditions presenting potential immediate danger.

GrowthDriven AI does not diagnose hazardous conditions, determine whether a location is safe, provide emergency-response services, or guarantee that an AI agent will identify every dangerous situation.

Clients are responsible for providing accurate emergency contact information, emergency-service policies, escalation instructions, and Client-specific safety information they want incorporated into their AI agent.

Unless expressly agreed otherwise in writing, submission of an emergency or urgent message through a GrowthDriven AI agent does not constitute dispatch of a technician, emergency responder, or other service provider.

27. Confidential Information

Each party may receive non-public business, technical, commercial, or other confidential information belonging to the other.

Each party agrees to use reasonable care to protect such information and use it only for purposes reasonably connected with the service relationship.

Confidential information does not include information lawfully public, previously known without restriction, independently developed, or lawfully obtained from another source without confidentiality obligations.

Disclosure may occur where required by law.

28. No Guarantee of Business Results

Marketing, video, AI, automation, lead-support, and related services are affected by factors outside our control.

Unless expressly guaranteed in writing, we do not guarantee any particular number of leads, appointments, sales, revenue, conversion rate, search ranking, advertising result, customer response, business growth result, or return on investment.

Examples, demonstrations, projections, estimates, and discussions of potential results are illustrative and do not guarantee future performance.

29. Service Availability

We seek to provide reliable services but do not guarantee uninterrupted or error-free availability.

Services may occasionally be unavailable because of maintenance, updates, Internet failures, third-party outages, telecommunications problems, software errors, cybersecurity events, force majeure events, or circumstances beyond our reasonable control.

30. Disclaimer of Warranties

To the extent permitted by applicable law, services are provided on an “as available” basis and subject to specifications contained in the applicable service agreement.

We do not make warranties or representations beyond those expressly stated in an applicable written agreement.

Nothing in these Terms excludes rights that cannot lawfully be excluded.

31. Limitation of Liability

To the maximum extent permitted by applicable law, Bestjobmarketing and Sales will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the services, including loss of profits, revenue, business opportunity, goodwill, or data, except where liability cannot legally be excluded.

To the maximum extent permitted by applicable law, our aggregate liability arising from a particular service or claim will not exceed the amount paid by the Client to us for the service giving rise to the claim during the six months immediately preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited or excluded.

32. Indemnification

To the extent permitted by law, the Client agrees to indemnify and hold Bestjobmarketing and Sales harmless from third-party claims, losses, liabilities, damages, and reasonable costs arising from:

Client-supplied materials infringing another person's rights;

inaccurate or unlawful information supplied by the Client;

the Client's unlawful use of the services;

the Client's products, services, representations, or business practices; or

the Client's material breach of these Terms or an applicable agreement.

This does not require the Client to indemnify us for claims caused solely by our own unlawful conduct.

33. Prohibited Uses

Our services must not knowingly be used to violate applicable law, commit fraud, impersonate others, distribute malicious software, obtain unauthorized system access, knowingly infringe intellectual property rights, harass or threaten others, transmit unlawful communications, or use an AI system for an unlawful purpose.

We may suspend services reasonably believed to be used for prohibited activity while the matter is investigated.

34. Privacy

Our collection and handling of personal information is described in our Privacy Policy.

Clients using GrowthDriven AI technology on their own websites may have independent privacy obligations to customers and visitors.

Clients are responsible for maintaining privacy notices and obtaining consents applicable to their businesses where required by law.

35. Changes to Services and These Terms

We may modify our services, features, technology, policies, pricing, and these Terms from time to time to reflect changes in our business, technology, third-party services, or legal requirements.

Changes to these Terms will be reflected by updating the “Last Updated” date.

Material changes affecting an existing service relationship may be communicated by reasonable means where appropriate or required by law.

Changes will not retroactively alter amounts already due or accrued contractual rights unless agreed by the parties or permitted by applicable law.

Where a specific service agreement establishes different procedures, that agreement will govern.

36. Electronic Communications and Acceptance

Agreements, notices, invoices, approvals, and other business communications may be provided electronically where permitted by law.

Acceptance may occur through electronic signature, checkout, an acceptance button, written electronic confirmation, payment following presentation of applicable terms, or another method demonstrating legally effective agreement.

Electronic records may be retained as evidence of transactions and communications.

37. Governing Law

These Terms and services provided by Bestjobmarketing and Sales are governed by the laws of the Province of Manitoba and applicable federal laws of Canada, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to rights or procedures that cannot lawfully be waived, disputes relating to these Terms or our services will be subject to the jurisdiction of the courts of Manitoba, Canada.

38. Severability

If any provision is determined to be invalid or unenforceable, the remaining provisions continue in effect to the extent permitted by law.

39. No Waiver

Failure by either party to enforce a provision on one occasion does not constitute a waiver of that provision or the right to enforce it later.

40. Entire Agreement

These Terms, together with the applicable proposal, order form, statement of work, subscription agreement, Privacy Policy, and other agreements expressly incorporated into the service relationship, constitute the agreement relating to the applicable services.

They replace prior discussions or representations concerning the same subject matter except where expressly preserved in writing.

41. Contact Information

Questions regarding these Terms of Service may be directed to:

Bestjobmarketing and Sales
Operating the GrowthDriven AI and NextFrame Videos brands
Winnipeg, Manitoba, Canada
Email: [email protected]