Terms of Service

Effective Date: March 10, 2025


1. Introduction Welcome to Cream Digital ("Company," "we," "our," "us"). These Terms of Service ("Agreement") governs your use of our AI infrastructure buildout and custom AI solutions. By using our services, you acknowledge that you have read, understood, and agreed to these terms.


2. Service Scope Cream Digital provides custom AI infrastructure buildouts, including:

  • AI-powered voice and automation solutions
  • Custom AI workflows tailored to client needs
  • Integration with third-party platforms such as Retell AI, AWS, and CRMs
  • AI-powered call handling, appointment booking, and data automation


We do not typically provide data storage or direct management of client-owned data.

However, if a separate agreement is made, we reserve the right to store and manage data in a

HIPAA-compliant manner. By default, the client is responsible for all data storage and

compliance within their infrastructure.


3. User Responsibilities Clients are responsible for:

  • Ensuring compliance with HIPAA, CCPA, GDPR, and other applicable regulations.
  • Managing and securing any data processed within their own infrastructure.
  • Properly configuring AI integrations in line with their business needs.


4. Pricing & Payment Terms

  • Custom Pricing: All pricing is determined on a case-by-case basis.
  • No Refunds: Payments made for AI infrastructure services are non-refundable.


5. Limitations of Liability

  • While we strive to provide accurate and reliable AI solutions, we do not guarantee 100% accuracy.
  • We are not liable for any indirect, incidental, or consequential damages resulting from AI-generated responses, call misrouting, system limitations, or third-party service failures.
  • Clients acknowledge that AI-generated responses may require human oversight and should not be relied upon for legally or medically critical decision-making.


6. Termination of Services We reserve the right to terminate or suspend services if a client:

  • Misuses or abuses our AI infrastructure.
  • Fails to comply with legal requirements or industry regulations.
  • Fails to make payments as agreed.


7. Intellectual Property Rights

All AI scripts, workflows, configurations, and infrastructure developed by Cream Digital remain our intellectual property unless otherwise agreed in writing.

Clients may use our AI solutions within the agreed scope of service but cannot resell, distribute, or modify proprietary configurations without express written consent.


8. Governing Law & Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
  • Any disputes arising under or related to this Agreement shall be resolved through binding arbitration in Miami, Florida.


9. Indemnification Clients agree to indemnify, defend, and hold harmless Cream Digital from any claims, liabilities, damages, or legal actions arising from:

  • Misuse or unauthorized application of our AI infrastructure.
  • Non-compliance with data protection regulations.
  • Third-party disputes related to AI-generated content or integrations.


10. Changes to This Agreement We reserve the right to update these Terms of Service at any

time. Continued use of our services after updates constitutes acceptance of the revised terms.


11. Contact Information For service-related inquiries, please contact us at oscar@creamdigital.ai


By using our services, you acknowledge and agree to these Terms of Service.