DIGITAL PNEUMA

Terms of Service

Effective Date: July 1, 2025 | Jurisdiction: Province of Ontario, Canada

digitalpneuma.com | go.digitalpneuma.com

 

Please read these Terms of Service carefully before using any Digital Pneuma website, landing page, tool, or service. By accessing or using our services, you agree to be bound by these terms.

1. About Digital Pneuma

Digital Pneuma is an AI automation agency based in Hamilton, Ontario, Canada, owned and operated by Miguel Simon. We provide AI-powered automation services including AI voice receptionists, lead generation systems, marketing automation, CRM integrations, and related digital services primarily to trades businesses and small business owners.

2. Acceptance of Terms

By visiting our website, submitting any form, booking a call, or engaging our services, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy. If you are accessing our services on behalf of a business, you represent that you have the authority to bind that business to these terms.

3. Services

3.1 Description of Services

Digital Pneuma offers the following services, subject to individual service agreements:

• AI voice receptionist setup and management (powered by Trillet)
• Lead generation funnel design and deployment
• Meta (Facebook/Instagram) advertising campaign management
• CRM setup and email automation (via Brevo)
• Appointment scheduling integrations (via Cal.com)
• Workflow automation (via n8n)
• Website and landing page development
• AI system consulting and implementation

3.2 Service Delivery

Specific deliverables, timelines, and terms for individual services are governed by separate service agreements, proposals, or statements of work agreed upon between Digital Pneuma and the client. These Terms of Service apply generally and do not override specific provisions in signed agreements.

4. Payment Terms

4.1 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize Digital Pneuma to charge your payment method for agreed-upon services. You represent that you are authorized to use the payment method provided.

4.2 Fees and Billing

Service fees are as specified in your individual service agreement or onboarding documentation. We reserve the right to update our pricing with reasonable notice. Stripe’s own terms of service apply to all payment processing.

4.3 Refunds

Refund eligibility is governed by your individual service agreement. Digital Pneuma does not generally offer refunds for services already rendered or for setup and onboarding work completed. Disputes must be raised within 30 days of the relevant charge.

5. Meta Advertising and Pixel Tracking

Where Digital Pneuma manages Meta advertising campaigns on your behalf, the following applies:

• You grant Digital Pneuma access to your Meta Business Manager, Ad Account, and Meta Pixel as required to deliver services
• You are responsible for ensuring your business complies with Meta’s Advertising Policies and Terms of Service
• Digital Pneuma is not liable for advertising account suspensions, policy violations determined by Meta, or changes to Meta’s platform policies
• Meta Pixel tracking is used to measure campaign performance and optimize ad delivery. By engaging our ad management services, you consent to the installation and operation of Meta Pixel on your designated website pages
• Campaign performance data belongs to the client. Upon termination, Digital Pneuma will provide reasonable access to campaign data

6. AI Voice Receptionist Services

Where Digital Pneuma deploys an AI voice receptionist system on your behalf:

• You are responsible for ensuring compliance with applicable telecommunications laws, including any obligations to notify callers that they are interacting with an AI system
• You agree to use the AI receptionist only for lawful business purposes
• Digital Pneuma is not liable for missed calls, technical outages, or service interruptions caused by third-party telephony providers
• Call recordings and transcripts generated by the system are governed by your individual service agreement and applicable privacy law

7. Automation and Integration Services

Digital Pneuma builds and deploys automated workflows connecting third-party platforms including but not limited to Brevo, Cal.com, Stripe, Meta, and n8n. You acknowledge that:

• Automated systems depend on the continued availability and policy compliance of third-party platforms
• Digital Pneuma is not liable for disruptions caused by third-party platform changes, outages, or policy updates
• You are responsible for maintaining active and valid accounts with third-party platforms required for your automation workflows

8. Intellectual Property

All original content published on digitalpneuma.com, including written content, software code, system designs, automation workflows created for internal Digital Pneuma use, videos, graphics, and course materials, is the property of Digital Pneuma and protected under applicable copyright law.

Client-specific deliverables (custom funnels, automation workflows, ad creative) created under a service agreement are governed by the intellectual property provisions of that agreement. Where no specific agreement exists, deliverables become the property of the client upon full payment.

You may not reproduce, distribute, or create derivative works from Digital Pneuma’s proprietary materials without written consent.

9. User Conduct

When using our website or services, you agree not to:

• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems or client data
• Use our services for any unlawful purpose
• Interfere with or disrupt the operation of our systems or third-party platforms
• Violate any applicable privacy or data protection laws

10. Limitation of Liability

To the maximum extent permitted by applicable law, Digital Pneuma and its owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of our services or website, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to these terms or our services shall not exceed the total amount paid by you to Digital Pneuma in the 90 days preceding the claim.

11. Disclaimer of Warranties

Our services are provided on an “as is” and “as available” basis. Digital Pneuma makes no warranties, express or implied, regarding the reliability, availability, accuracy, or fitness for a particular purpose of our services. We do not guarantee specific business outcomes, lead generation results, or advertising performance.

12. Governing Law and Disputes

These Terms of Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these terms or our services shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration or the courts of Ontario, as mutually agreed. You consent to the exclusive jurisdiction of Ontario courts for any matters not subject to arbitration.

13. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information, including our use of Meta Pixel, Microsoft Clarity, and third-party marketing integrations.

14. Modifications to Terms

Digital Pneuma reserves the right to update these Terms of Service at any time. Changes will be posted on this page with an updated effective date. Continued use of our website or services after changes are posted constitutes acceptance of the revised terms. For material changes, we will make reasonable efforts to notify active clients.

15. Termination

Either party may terminate a service engagement as specified in the individual service agreement. Digital Pneuma reserves the right to terminate or suspend access to our website or services for any user who violates these Terms of Service, engages in fraudulent activity, or fails to pay agreed fees.

16. Contact Information

For questions about these Terms of Service:

Digital Pneuma

Hamilton, Ontario, Canada
Email: [email protected]
Website: digitalpneuma.com
Digital Pneuma | Terms of Service | Effective July 1, 2025