This Sally Growth Agent Product-Specific Terms (“Sally Specific Terms”), together with Sensi.AI’s Terms and Conditions available at https://www.sensi.ai/terms-and-conditions/bh/ (the “General Terms and Conditions”), collectively constitute the agreement between the parties (the “Agreement”) with respect to the Sally Growth Agent service (the “Services”) and the other matters described herein. The General Terms and Conditions are incorporated by reference into these Sally Specific Terms. In the event of any conflict, inconsistency, or ambiguity between these Sally Specific Terms and the General Terms and Conditions, these Sally Specific Terms shall prevail. The Agreement becomes legally binding when the Customer checks the box indicating acceptance of these Sally Specific Terms and the General Terms and Conditions, unless Sensi.AI rejects the registration due to unauthorized changes to the registration flow or the Customer representative’s lack of authority to bind the Customer.
The Agreement applies to a single Customer location. This subscription covers one location only. Customers with multiple locations must contact Sensi.AI directly for a separate agreement covering each additional location.
Definitions
“Billing Period” means each calendar month during the paid phase of this Agreement, beginning with the partial month commencing on the date the Customer provides valid payment details and ending on the last day of that calendar month, and thereafter each full calendar month from the first to the last day of that month.
“Booked Assessment” means a meeting or appointment scheduled by Sally on behalf of the Customer with a prospective client for the purpose of conducting an in-home assessment.
“Paid Subscription Term” means the period commencing on the date the Customer provides valid payment details following the expiration of the Promotional Period and continuing until the Agreement is terminated in accordance with these Sally Specific Terms.
“Promotional Period” means the period commencing on the Signing Date and ending on the earlier of: (a) the date on which the Customer records five (5) Booked Assessments; or (b) two (2) months following the Signing Date.
“Promotional Credit” means the waiver of the Per Assessment Fee during the Promotional Period, as further described in Section 1 below.
“Per Assessment Fee” means the fee of USD $140.00 payable by the Customer to Sensi.AI for each Booked Assessment recorded during the applicable Billing Period of the Paid Subscription Term.
“Signing Date” means the date on which the Customer checks the box indicating acceptance of these Sally Specific Terms and the General Terms and Conditions.
“Wind-Down Period” means the ten (10) day period immediately following the termination or expiration of the Agreement for any reason, during which Sensi.AI may continue to honor inbound callbacks to agency-specific numbers established under the Agreement. At the end of the Wind-Down Period, Sensi.AI will delete all agency-specific numbers from its systems and no further inbound calls will be routed to or processed by Sally on the Customer’s behalf.
Terms not otherwise defined in these Sally Specific Terms shall have the meanings ascribed to them in the General Terms and Conditions.
Section 1: Promotional Period
Overview
From the Signing Date, the Customer will have access to the Services on a promotional basis, at no charge, for the Promotional Period. No Per Assessment Fee will be charged during the Promotional Period. The Promotional Period ends on the earlier of: (a) the Customer recording five (5) Booked Assessments; or (b) two (2) months from the Signing Date.
Conversion to Paid Subscription
Upon expiration of the Promotional Period, the Customer will be prompted to provide payment details to continue accessing the Services. Access to the dashboard and all Services will remain suspended until the Customer provides valid payment details. Once payment details are confirmed, the Customer’s subscription will convert to a paid subscription as described in Section 2 below. If the Customer does not provide payment details and complete conversion, the Customer’s access will remain suspended and Sensi.AI will have no further obligation to provide the Services.
Termination During Promotional Period
Sensi.AI reserves the right to modify, suspend, extend, or terminate the Promotional Period and any Customer’s access to the Services during the Promotional Period at any time, in its sole discretion, without liability, and for any reason, including with respect to Customers already in the Promotional Period. This includes the right to terminate access for Customers who are not actively using the Services or who are unlikely to convert to a paid subscription. The Promotional Credit is non-transferable, has no cash value, and may not be combined with any other offer.
Section 2: Paid Subscription
Fees and Billing
Following conversion from the Promotional Period, the Customer shall pay the Per Assessment Fee of USD $140.00 for each Booked Assessment recorded during the applicable Billing Period. The first Billing Period begins on the conversion date and ends on the last day of that calendar month. Sensi.AI will invoice Per Assessment Fees on the fifteenth (15th) day of the month following the close of each Billing Period, including the first pro rata Billing Period. All invoices are charged automatically to the payment method designated by the Customer at conversion.
Payment Terms
All fees payable under the Agreement are net amounts and shall be paid to Sensi.AI in full, without deduction, withholding, setoff, or counterclaim of any kind. The Customer is responsible for all applicable taxes and duties, other than taxes imposed on Sensi.AI’s net income. All payments are processed through Sensi.AI’s payment system using the payment method designated by the Customer at conversion.
If any payment is not received by the due date, Sensi.AI may suspend the Customer’s access to the Services until all outstanding amounts are paid in full. Sensi.AI will provide the Customer with written notice of any payment failure before suspending access.
Term and Termination
The paid phase of this Agreement commences on the date the Customer provides valid payment details following the expiration of the Promotional Period and continues on an ongoing basis until terminated. There is no minimum term or commitment. The Customer may cancel at any time by providing written notice to Sensi.AI. Cancellation takes effect at the end of the then-current Billing Period. Upon termination or expiration of the Agreement for any reason, Sensi.AI will issue a final invoice on the fifteenth (15th) day of the month following the termination date. The Customer’s obligation to pay such final invoice survives termination. See Post-Termination Wind-Down and Survival below for additional terms governing the period following termination.
Booked Assessment Disputes
The Customer may dispute a Booked Assessment charge by submitting a written request to Sensi.AI within thirty (30) days of the relevant invoice date. Each dispute request must be initiated by the Customer directly. Sensi.AI does not initiate or manage dispute requests on the Customer’s behalf. All disputes must be submitted through this process regardless of the basis for the dispute. Sensi.AI will not consider disputes submitted after the thirty (30) day window.
The following are examples of circumstances that may form the basis of a dispute request, provided for illustrative purposes only. Inclusion on this list does not guarantee approval of a dispute request. A dispute will not be approved based on the Customer’s assertion alone where supporting information exists that the Customer could reasonably provide:
(a) the prospective client cancelled the assessment prior to the scheduled appointment;
(b) the prospective client was not present at the scheduled location and could not be reached by the Customer at the time of the scheduled assessment;
(c) a technical error caused Sally to log a booking that was never actually confirmed with the prospective client; or
(d) the Booked Assessment was a duplicate of another assessment already recorded and charged in the same Billing Period.
The Customer may submit a dispute request for any reason by describing the basis for the dispute and providing any supporting information. Sensi.AI will evaluate all requests on a case-by-case basis in its sole discretion. Submission of a dispute request does not suspend the Customer’s obligation to pay the disputed amount pending resolution.
Post-Termination Wind-Down and Survival
Upon termination or expiration of the Agreement for any reason, whether during the Promotional Period or the Paid Subscription Term, the following provisions apply.
During the Wind-Down Period, Sensi.AI may, in its discretion, continue to honor inbound callbacks to agency-specific numbers established under the Agreement. The Customer acknowledges that prospective clients who were contacted by Sally prior to termination may attempt to call back during the Wind-Down Period. Sensi.AI makes no representation as to whether any such callbacks will be honored or whether they will result in Booked Assessments.
At the end of the Wind-Down Period, Sensi.AI will delete all agency-specific numbers from its systems. Following such deletion, inbound calls to those numbers will no longer be routed to or processed by Sally, and Sensi.AI will have no further obligation to the Customer or to any prospective client in connection with such calls.
For Customers who converted to the paid phase of this Agreement, Sensi.AI reserves the right to charge the Per Assessment Fee for any Booked Assessments that occur during the Wind-Down Period. Any such charges will be included in the final invoice issued on the fifteenth (15th) day of the month following the termination date. Sensi.AI shall have no liability for any outcomes, claims, or obligations arising from callbacks or Booked Assessments that occur during or after the Wind-Down Period.
For Customers who did not convert to the paid phase of this Agreement, Sensi.AI shall have no liability for any outcomes, claims, or obligations arising from any callbacks or Booked Assessments that occur during or after the Wind-Down Period.
The following provisions survive termination or expiration of the Agreement: the obligation to pay any outstanding Per Assessment Fees, the Wind-Down Period obligations described in this section, the Booked Assessment Disputes process, and any other provisions that by their nature are intended to survive termination.
Acceptable Use
The Customer shall use the Services in a manner consistent with normal commercial use and in compliance with all applicable laws, including without limitation the Telephone Consumer Protection Act (TCPA) and all applicable do-not-call regulations. The Customer is solely responsible for the accuracy, quality, and legal compliance of any lead data, contact lists, or other information provided to Sensi.AI or uploaded into the Services. Sensi.AI reserves the right to limit, throttle, suspend, or terminate the Customer’s access to the Services, without liability, if the Customer’s usage is determined by Sensi.AI, in its reasonable discretion, to be excessive, abusive, or outside the scope of normal commercial use. Sensi.AI will provide written notice to the Customer before taking any such action where reasonably practicable.
Third-Party Services and Carrier Restrictions
The Services rely on third-party providers, including telecommunications providers and carriers, to operate. Sensi.AI shall have no liability for any failure, interruption, or degradation of the Services arising from the acts or omissions of such third-party providers, including any suspension, restriction, or termination of services by a carrier due to complaint volume, regulatory concerns, or violations attributable to the Customer’s use of the Services. If a third-party provider suspends or restricts services in connection with the Customer’s account, Sensi.AI may suspend the Customer’s access to the Services immediately and without liability until the issue is resolved. The Customer remains responsible for any Per Assessment Fees accrued during any such suspension period.
