These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Alterra Holdings LLC, doing business as Gold Rose Studio ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of California, with its principal place of business in San Clemente, California.
By accessing our website at goldrose.ca (or goldrose.ai), subscribing to our services, completing our onboarding process, or executing any service agreement or order form, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not use our services. Please read them carefully before proceeding.
Gold Rose Studio provides AI-powered automation services designed for independent florist shops and small floral businesses ("Services"), including but not limited to:
Services are provided on a subscription basis as outlined in the applicable order form or service agreement. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with reasonable notice where practicable.
Our Services are intended for business use by florist shops and floral businesses operating lawfully in the United States. By using our Services, you represent and warrant that:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
Fees for our Services are set forth in your applicable service agreement or order form. All fees are stated in U.S. dollars and are exclusive of applicable taxes unless otherwise stated.
By providing payment information, you authorize us (or our payment processor, Stripe, Inc.) to charge your designated payment method on a recurring basis according to your selected billing cycle (monthly or annual). You represent that you are authorized to use the payment method provided.
For promotional offers including free trial periods: your payment method will be saved at sign-up but you will not be charged until your free trial expires or your account goes live, whichever comes first. We will notify you before your first billing date.
If payment is not received within ten (10) days of the due date, we reserve the right to suspend your Services until payment is received in full. Accounts more than thirty (30) days past due may be terminated.
You are responsible for all applicable federal, state, and local taxes imposed on your purchase, excluding taxes based solely on our net income. If we are required to collect such taxes, they will be added to your invoice.
We reserve the right to change our pricing at any time. For existing subscribers, price changes will be communicated at least thirty (30) days in advance and will take effect at the start of your next billing cycle.
You may cancel your subscription at any time by providing written notice to us at least ten (10) business days before your next billing date. Cancellation takes effect at the end of your current billing period. You retain access through the end of the paid period.
Any one-time setup fees are non-refundable once onboarding has commenced, except as required by applicable law.
Monthly subscription fees are generally non-refundable. If you believe you have been charged in error, please contact us within thirty (30) days. We review refund requests on a case-by-case basis.
We reserve the right to terminate your subscription for cause (including violation of these Terms) upon written notice. In the event of termination without cause by us, we will provide a pro-rated refund for any prepaid unused subscription period.
You agree to use our Services only for lawful purposes and in compliance with all applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the California Consumer Privacy Act (CCPA), and any applicable state consumer protection laws.
You agree that you will NOT use our Services to:
You are solely responsible for ensuring that your use of AI-generated communications complies with applicable disclosure requirements and consumer protection laws. Where required by law, you must disclose to your customers that they are interacting with an automated system.
You are responsible for the accuracy, quality, and legality of all data, content, and information you provide to us for use in configuring your automation systems. We are not responsible for errors or outcomes resulting from inaccurate information you supply.
All content, software, technology, processes, methodologies, and materials comprising or underlying our Services, including our website, trademarks, service marks, and logos, are owned by or licensed to Alterra Holdings LLC and are protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership right in our intellectual property.
You retain all ownership rights in the data, content, and materials you provide to us ("Client Content"). You grant us a limited, non-exclusive license to use, process, and display Client Content solely as necessary to provide the Services to you.
AI-generated communications produced on your behalf using your branded information are considered work product delivered to you for your business use. You acknowledge that AI systems may produce similar outputs for other clients and that such outputs are not exclusively owned by either party.
IMPORTANT — PLEASE READ THIS SECTION CAREFULLY
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SERVICES WILL RESULT IN ANY PARTICULAR BUSINESS OUTCOMES, INCREASED REVENUE, CUSTOMER GROWTH, OR OTHER SPECIFIC RESULTS. INDIVIDUAL RESULTS WILL VARY BASED ON FACTORS OUTSIDE OUR CONTROL.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS AVAILABILITY. WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
You acknowledge that AI-powered systems may produce inaccurate, incomplete, or unexpected outputs. You agree to review and take responsibility for all AI-generated communications sent on your behalf. We are not liable for any outcomes arising from AI errors or hallucinations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALTERRA HOLDINGS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Alterra Holdings LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will use good faith efforts to resolve disputes within thirty (30) days.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in San Clemente, California, or via videoconference if mutually agreed. The arbitrator's decision shall be final and binding.
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, either party may bring qualifying claims in small claims court in Orange County, California.
Our Services integrate with and rely on third-party platforms including GoHighLevel (CRM), Stripe (payment processing), Anthropic (AI technology), and Cloudflare (hosting). Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices, availability, or content of third-party services.
This website is not affiliated with or endorsed by Meta™, Facebook™, or any other third-party platform referenced in connection with our marketing services.
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date and provide notice via email, website notice, or in-app notification. Changes become effective thirty (30) days after notice, except for legally required changes which are effective immediately. Continued use of the Services after the effective date constitutes acceptance.
Entire Agreement: These Terms, together with the Privacy Policy and any applicable service agreements or order forms, constitute the entire agreement between you and the Company and supersede all prior agreements.
Severability: If any provision is found unenforceable, the remaining provisions continue in full force and effect.
No Waiver: Our failure to enforce any right or provision will not be considered a waiver of that right or provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure: We shall not be liable for failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, labor disputes, or internet outages.
For questions about these Terms of Service, please contact us:
Alterra Holdings LLC d/b/a Gold Rose Studio
San Clemente, California
Email: [email protected]
Website: goldrose.ca