📄 CLARKMIND AI – TERMS OF SERVICE
JCGoods Ltd trading as Clarkmind AI
Company Number: 16668403
Registered Address: 27 Sherwoods Road, WD19 4AY, United Kingdom
Last Updated: November 2024
1. Introduction
These Terms of Service (“Terms”) govern the use of all AI automation solutions, digital assistants, websites, technical workflows, and related services (“Services”) provided by JCGoods Ltd trading as Clarkmind AI (“Clarkmind AI”, “we”, “our”, “us”).
By purchasing, accessing, or using our Services, you (“Client”, “you”, “your”) agree to be bound by these Terms.
These Terms are designed to ensure clarity, transparency, and legal protection for both parties.
2. Scope of Services
Clarkmind AI provides AI-powered business automation, including but not limited to:
- AI receptionists and booking assistants
- Automated call and message handling
- n8n workflow automation
- Vapi-powered conversational agents
- Twilio SMS and call delivery
- Google Calendar & Google Sheets integrations
- Website design and hosting
- CRM and customer-data workflows
Services may incorporate automated logic, third-party system integrations, and AI Large Language Models (“LLMs”) whose behaviour cannot be fully guaranteed.
We may update or modify Services to maintain functionality, compatibility, and security.
3. Client Responsibilities
You, as the Client, agree to:
3.1 Provide Accurate Information
You must provide correct and complete business details, including opening hours, service details, pricing, calendar structure, and workflow instructions.
3.2 Maintain System Access
You must maintain access to any third-party systems required for your service, including:
- Google Calendar
- Google Sheets
- Twilio
- Domain/email providers
- Any required API credentials
3.3 Monitor AI Output Periodically
AI systems require occasional human oversight.
You agree to:
- monitor AI-generated bookings
- verify accuracy of messages and events
- correct any business-specific errors
3.4 Use Services Lawfully
You agree not to use AI systems for:
- illegal or harmful activity
- harassment
- fraudulent or misleading behaviour
- collection of unlawful/sensitive data without consent
You remain the Data Controller for your customers’ information.
4. Payments, Billing & Refunds
4.1 Setup Fees
All setup fees are payable upfront and non-refundable.
4.2 Subscription Fees
Monthly fees are billed automatically.
4.3 No Refund Policy (Final & Enforced)
All payments (setup and monthly) are strictly non-refundable, including:
- unused service
- user error
- dissatisfaction with AI response behaviour
- cancellation mid-month
- accidental or duplicate purchases
4.4 Cancellation Policy
You may cancel at any time with zero notice, however:
- refunds are not provided for the current billing period
- your automation access will terminate immediately upon cancellation
5. AI Limitations, Automated Processing & Client Acceptance
Clarkmind AI uses advanced AI systems such as Vapi, OpenAI/LLM models, and automated workflows. By using the Services, you acknowledge:
5.1 Automated Decision-Making
AI may automatically:
- interpret natural language
- schedule appointments
- send SMS messages
- update calendars
- generate confirmations
These actions rely on:
- probabilistic LLM decisions
- user speech clarity
- correct business configuration
5.2 Accuracy Limitations
AI may occasionally:
- misinterpret dates (“next Tuesday” vs. “this Tuesday”)
- misunderstand accents or noisy environments
- produce incomplete or incorrect responses
- book incorrect times if your calendar is not updated
5.3 System Prompt Limitations
The AI follows a system prompt and tool schema, but may:
- deviate due to hallucination
- attempt unsupported tool calls
- mis-handle unusual conversational patterns
5.4 Client Acceptance
You acknowledge and agree:
- AI is not infallible
- AI is not a legal, medical, or financial advisor
- AI should not be relied on without human oversight
- You are responsible for verifying bookings or sensitive outputs
Clarkmind AI provides software automation — not guaranteed business outcomes.
6. Data Protection & GDPR Compliance
We comply with the UK GDPR and Data Protection Act 2018.
6.1 Roles
- Client = Data Controller
- Clarkmind AI = Data Processor
- Vapi, Twilio, Google, n8n = Sub-Processors
6.2 Client GDPR Responsibilities
As the Data Controller, you must:
- ensure you have lawful basis for processing customer data
- inform your customers that an AI assistant is used
- comply with erasure or access requests
- ensure your data inputs are lawful
Full details are in our Privacy Policy.
7. Technical Requirements & System Responsibilities (Integrated Gemini Section)
Clarkmind AI uses automated technical systems. These systems introduce operational requirements and limitations that the Client must understand.
7.1 Vapi (AI Call Processing)
Vapi handles:
- voice streams
- call transcripts
- tool-call decisions
- GDPR consent announcements
Client Responsibility:
You must ensure call scripts, business details, and service configurations are correct.
Incorrect business info can cause incorrect bookings.
7.2 n8n (Workflow Orchestration)
n8n performs:
- routing via “Route by Tool Name” nodes
- logic execution (availability calculations)
- conditional error handling
- data transformation
Limitations:
- failures may occur due to API rate limits
- workflows depend entirely on accurate Google Calendar data
- if you manually delete or alter events outside automation, AI accuracy may be affected
7.3 Google Calendar & Google Sheets (Data Persistence)
Google Calendar:
Stores booking details including:
- client name
- timestamps
- summary & notes
- Vapi call ID (audit trail)
Google Sheets (CRM):
Stores:
- customer name
- phone number
- booking history
Client Responsibility:
You must not change the structure of your Sheets, or the automation may fail.
7.4 Twilio (SMS & Call Delivery)
Twilio sends:
- booking confirmations
- cancellation messages
- reminders
Limitation:
Message delivery depends on carriers; Clarkmind AI cannot guarantee arrival.
8. Service Availability & Reliability
8.1 No Guaranteed Uptime
We do not guarantee:
- uninterrupted service
- error-free execution
- perfect message delivery
- 24/7 uptime
8.2 Third-Party Dependencies
Service availability depends on:
- Vapi
- Twilio
- Google APIs
- n8n servers
Third-party downtime or outages are outside our control.
8.3 Error Handling
While workflows include retry and fallback logic, catastrophic failures cannot always be automatically recovered.
9. Limitation of Liability
To the fullest extent permitted by law:
- Clarkmind AI is not liable for missed appointments, lost revenue, double bookings, or business impact caused by AI errors, system outages, or third-party failures.
- We are not responsible for decisions made by the AI or by the client using AI outputs.
- Our total liability is capped at the total amount paid by the Client in the last 30 days.
10. Termination
We may terminate or suspend access to the Services if:
- these Terms are violated
- the service is used unlawfully
- third-party providers force changes
- fraudulent behaviour is detected
11. Changes to These Terms
We may modify these Terms at any time.
The updated version will be posted on our website.
12. Contact Information
Clarkmind AI
JCGoods Ltd
Company Number: 16668403
27 Sherwoods Road
WD19 4AY
United Kingdom
📧 contact@clarkmindai.co.uk