Original Factor Terms of Service
Who these terms are for
- Part A is for providers: independent service providers who use Original Factor to run their business ("you").
- Part B is for customers of providers: people who open a quote, terms or payment page that Original Factor shows on a provider's behalf.
- Part C applies to everyone.
Original Factor ("OGF") is a product of Serwiz. In these terms, "OGF", "we" and "us" mean Serwiz AI Inc. (British Columbia incorporation number BC1499054), a company registered in British Columbia, Canada, with its registered office at #250 – 997 Seymour Street, Vancouver, British Columbia V6B 3M1, Canada.
By creating an account, pressing "I agree", or using OGF, you accept these terms. If you do not agree, do not use OGF. Our Privacy Policy explains how we handle personal information, and it forms part of these terms.
Part A: For providers
1. What OGF is
OGF is software for independent service providers. It lets you describe your services, publish a page about your business, receive enquiries, answer customers across your channels, build quotes, take bookings and deposits, and use an AI assistant that helps with all of this.
We are a software provider and a visibility layer. We are not a marketplace. We do not sell your services, and we do not resell them. We are not your agent, employer, partner or joint venturer. We are not a party to any agreement you make with a client.
2. Your account
- You must be at least 18, able to enter a contract, and using OGF for your business.
- Give us accurate information, and keep it up to date.
- Keep your sign-in safe. You are responsible for what happens in your account, including anything done by people you let use it.
- Tell us straight away if you think someone else has got into your account, at support@originalfactor.com.
3. The contract is between you and your client
Every booking, quote, service, cancellation, reschedule and refund is an agreement between you and your client, and only between you and your client.
You alone are responsible for:
- the services you offer, the prices you set, and the terms you attach to them;
- doing the work, and its quality, safety and legality;
- your own deposit, cancellation, refund, reschedule, travel and damage terms;
- any licences, certificates, registrations, insurance and permits your trade needs;
- collecting, paying and reporting all taxes on what you earn; and
- resolving any complaint, dispute, chargeback or claim a client raises.
If a client raises anything, such as a complaint, a refund demand, a dispute or a claim, it is yours to resolve. We are not a party to it, we do not decide it, and we do not owe either of you an outcome.
4. Payments
4.1 Your client's money goes to you, not to us. Your client pays into your own connected account with our payment partner, Stripe. The money does not flow through OGF. We do not receive it, hold it, keep it in escrow or pass it on. We are not a payment processor, money transmitter, escrow agent or merchant of record, and we are not a party to the payment.
Your connected account is governed by Stripe's own agreement with you, which you make directly with Stripe. You must meet Stripe's requirements, including identity checks and any information Stripe asks for. If Stripe restricts, holds, delays or closes your account, that is between you and Stripe.
4.2 We compute; you decide. Our software works out the amount to charge from the prices and terms you set and publish: your service prices, deposit, add-ons, travel fee and taxes. It then asks Stripe to charge that amount to your connected account. You are responsible for those prices and terms, and for checking that what is charged is what you intended. Asking Stripe to charge is a software function. It does not make us a party to your agreement with your client, it does not make us the seller, and it does not make us responsible for the service being paid for.
4.3 Refunds and disputes: we run the plumbing, we do not judge. Where OGF offers it, we carry out the mechanics of a refund, a partial refund or a dispute response: we pass your instruction to Stripe, move the request through the system, and keep a record. We do not decide whether a refund is owed. We do not investigate, mediate, arbitrate or rule on any dispute between you and your client, and we do not take sides. Whether to refund, how much, and on what terms is your decision and your obligation, on the terms you published. Chargebacks, reversals and payment disputes are between you, your client and Stripe. We do not guarantee that you will be paid, that a client will pay on time, or that a payment will not later be reversed.
4.4 No card details in chats. A payment request you send through Instagram, WhatsApp or email must link to an OGF payment page. Never ask a client to send card details in a message.
5. What you pay us
- You pay OGF for the software: a lead fee and/or subscription or usage fees, as shown when you choose a plan or as separately agreed in writing. What you pay, any free trial, and when your plan renews are shown before you choose a plan, and nothing is charged until you choose a paid plan. Your plan renews until you cancel. You can cancel at any time; your plan then ends at the end of the period you have paid for. Fees already paid are not refunded, except where the law requires. OGF is free during the pilot. We will give you at least 30 days' notice before we start charging.
- This is a separate transaction between you and us. It is not taken out of your client's payment, it gives us no interest in what your client pays you, and a dispute with a client does not change what you owe us or what we owe you.
- Fees that other companies charge for your channels are yours. For example, Meta charges for some WhatsApp messages. You pay those charges directly to Meta, with your own payment card added to your WhatsApp Business account. OGF does not pay them for you and does not bill you for them.
6. Your page is your statement, not ours
Everything on your page (your business name, descriptions, prices, photos, policies, credentials and availability) is content you provide or approve. You confirm that you have the right to use it, and that it is accurate and not misleading.
Some of that content may be drafted, suggested, taken from material you upload, or otherwise put together by our software, including by automated systems and AI models. Those are suggestions. You review and approve what is published, and once it is published it is your statement, whatever produced the first draft. You are responsible for checking it before you publish it.
7. We do not vet providers
We do not verify, vet, endorse, certify, background-check or guarantee any provider, and nothing on OGF should be read as saying we do. We make no promise that any provider is licensed, insured, qualified, available, honest, or suitable for any purpose. A page existing on OGF means only that someone created it.
Where a badge, label or indicator appears, it means exactly and only what its own description says, and nothing more.
8. The AI assistant
It helps, and it makes mistakes. Our software uses automated systems, including AI models, to read material you give us and messages you receive, draft text, suggest prices and structure, and help clients reach a booking with you. These systems make mistakes. Their output may be wrong, incomplete or unsuitable. It is help, never professional, legal, financial, tax or pricing advice, and it does not replace your own judgement. You remain responsible for everything you publish and everything you agree to.
You approve what is sent. The assistant only drafts. Nothing goes to a client until you read it and press Send.
Messages go out from you. Messages you send from OGF, including ones the assistant drafted, go out in the channel the customer used, from your own Instagram account, WhatsApp number or email address. You are responsible for every message sent in your name, whoever drafted it.
Customers are told an assistant helped. The first reply in each conversation includes one short line saying so, for example: "Glow Studio's assistant here." You may change the wording, as long as it still says clearly that an assistant is helping. You agree not to remove that line, and not to tell customers that no assistant is involved.
You are the person customers can reach. You must be reachable by the customers the assistant talks with, and you should step in when a customer asks for a person.
It works for your business only. The assistant is for talking with your own customers about your own services. Do not use it as a general-purpose chatbot, and do not offer it to the public as one.
Strangers' messages can try to trick it. A message can contain hidden instructions aimed at the assistant. Every reply waits for you to press Send, and OGF is designed so that the assistant cannot confirm prices, discounts, bookings or payments on its own. Check anything unusual before you send it.
We may hold back a message. We may block or hold a message that you are about to send if it would break the law, these terms, or a platform's rules.
9. Connecting Instagram, WhatsApp and email
You choose to connect. When you connect an account, you allow OGF to receive that account's messages and to send the messages you approve from it, within the permissions you grant. You can disconnect at any time.
Only accounts you control. Connect only business accounts that you own or are authorised to manage.
- Instagram: a professional (business or creator) account, connected by signing in with Instagram. You allow OGF to see its basic profile, and to read and answer its direct messages and the comments on your posts.
- WhatsApp: your own WhatsApp Business number, connected through Meta's WhatsApp Cloud API. The number stays yours.
- Email: forward your business email to your private OGF address, and connect Gmail or Outlook (Microsoft 365) so that replies go out from your own address. OGF asks Google or Microsoft only for permission to send email as you. It does not read your mailbox.
Official connections only. We connect through Meta's, Google's and Microsoft's official tools. We will never ask for your passwords. Do not give them to anyone who claims to be OGF.
What changes when you connect.
- WhatsApp: if you keep using the WhatsApp Business app on your phone, some app features are switched off while the number is connected, such as disappearing messages, view-once messages, live location and broadcast lists. Group chats and calls stay on your phone only.
- Instagram: replying from OGF can move a chat from your message requests into your main inbox. Group chats are not supported. A reply to a comment is public, like any other comment.
Timing rules. Instagram and WhatsApp limit when a business can reply. Generally a business can reply freely within 24 hours of the customer's last message. After that, WhatsApp allows only message templates that Meta has approved, and Instagram allows only replies sent by a person, within 7 days. OGF follows these rules, so some messages cannot be sent.
The platforms make their own decisions. Meta, Google and Microsoft can change, limit or end access to their services, and can suspend your account on their service, at any time. Some OGF features depend on their approvals. We are not responsible for their decisions, their outages or their fees.
10. Platform rules you must follow
When you use a connected channel through OGF, you must follow that platform's rules as well as these terms, including:
- Meta's terms and policies for Instagram and for the WhatsApp Business Platform, including the WhatsApp Business Messaging Policy: message people only if they gave you their number and agreed to hear from you, respect every opt-out and block, and always offer a clear way to reach a person;
- Google's and Microsoft's terms for email; and
- the anti-spam and marketing laws where you and your customers are, for example Canada's anti-spam law (CASL) and the US CAN-SPAM Act.
Do not use OGF to send bulk or unsolicited messages, and do not message anyone who has asked you to stop. If you break these rules, a platform may block your number or account, and we may suspend your use of that channel in OGF.
11. Your customers' data
You decide; we handle it for you. When customers contact you through OGF or a connected channel, OGF processes their information to provide OGF to you, following your instructions: these terms, your settings, and what you do in OGF.
Our promises about your customers' data. We will:
- process it only on your behalf and at your direction;
- keep it separate from every other provider's data, and never mix it with theirs;
- never sell it, and never use it for advertising;
- never use it to train AI models, ours or anyone else's;
- never share one customer's messages with another customer;
- delete the copies of customer messages that came through a channel within 30 days after you disconnect that channel or close your account, or after a valid request from the customer, except records we must keep (the Privacy Policy lists them);
- require the companies that run parts of OGF for us to protect it (the Privacy Policy lists them);
- help you answer customers who ask to see or delete their data; and
- tell you without undue delay if we learn of a security breach that affects it.
Your responsibilities. You must have a lawful reason to collect and use your customers' information, and you must tell customers anything the law requires you to tell them. You may point your customers to our Privacy Policy for how OGF handles their information; it does not cover what you do with their information outside OGF. You are independently responsible for your own compliance with privacy and data-protection law for information you collect about your clients.
When a customer asks us. If one of your customers asks us to delete their data, we will tell you, and we will delete it within 30 days unless the law requires us to keep it.
Data processing terms. This section sets out how we process your customers' data for you. If a law that applies to your customers requires a separate data processing agreement (for example, UK or EU law), write to privacy@originalfactor.com before you connect a channel.
12. Your content
- You keep ownership of your content: your text, photos, prices and messages.
- You give us permission to host, copy, process, display and send your content as needed to run OGF for you. That includes showing your page publicly and sending the messages you approve.
- This permission ends when you delete the content or close your account, except for copies we must keep under the Privacy Policy, and copies already shared with others, such as messages already delivered.
- Do not upload anything you do not have the right to use, including other people's photos, or reviews you are not allowed to share.
13. Acceptable use
You will not:
- publish anything false, misleading or unlawful, or anything you do not have the right to use;
- impersonate another person or business, or misstate your credentials;
- offer services you are not lawfully permitted to provide;
- use OGF to harass anyone, to discriminate unlawfully, or to harm anyone;
- send spam, bulk unsolicited messages, or messages to people who asked you to stop;
- use your customers' information for anything other than your dealings with them, or share one customer's information with another; or
- try to interfere with, overload, reverse-engineer or gain unauthorised access to OGF, or to anyone else's account or data.
14. Suspension and ending your account
You may stop using OGF and close your account at any time, by writing to privacy@originalfactor.com from the email address on your account. We may suspend or end your access where we reasonably believe you have broken these terms, where we must in order to comply with the law, or where your continued access poses a risk to others or to OGF. We will give notice where it is reasonable to do so.
When your account closes, your page goes offline, your channel connections end, and we delete your data and your customers' data within 30 days as the Privacy Policy describes, except records we must keep. Before you close, ask us for a copy of your data; we send it to you before we delete anything. Fees you have already paid are not refunded, except where the law requires, and fees already owed remain payable.
15. No warranty
OGF is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, whether express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that OGF will be uninterrupted, error-free or secure, or that it will produce any particular result, including any number of enquiries, bookings or amount of revenue.
16. Limitation of liability
To the fullest extent the law allows:
- we are not liable for anything arising out of your relationship with a client, including non-payment, a dispute, a refund, a cancellation, a no-show, injury, property damage, or any claim a client makes against you;
- we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost bookings, lost data or loss of goodwill; and
- our total liability to you for all claims arising out of or relating to OGF or these terms will not exceed the greater of (a) the fees you actually paid us for the software in the three (3) months immediately before the event giving rise to the claim, and (b) CAD $100.
This limit applies however the claim is framed (contract, tort, negligence, statute or otherwise), and it continues after these terms end.
Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by our negligence.
17. Indemnity
You will indemnify and hold harmless Serwiz, which runs Original Factor, and its directors, officers, employees and contractors from any claim, demand, loss, liability, damage, fine or expense (including reasonable legal fees) arising out of: the services you provide or fail to provide; anything you publish or send; your breach of these terms; your breach of any law or platform rule; or any dispute between you and a client.
18. Privacy
Our Privacy Policy explains how we handle personal information. You are independently responsible for your own compliance with privacy and data-protection law for information you collect about your clients.
Part B: For customers of providers
This part applies when you open a quote, terms or payment page that OGF shows for a provider.
Who you are dealing with. The provider offering the service is the business you are dealing with. OGF provides the software the provider uses. We are not the seller, and we are not a party to your agreement with the provider.
How the provider reaches you. The provider answers you in the channel you used (Instagram, WhatsApp or email), from their own account. OGF shows you its own pages only for accepting terms and for paying.
The provider's terms. The quote, the price, the deposit, the balance, and the cancellation, rescheduling and other terms are the provider's. When you accept (for example, by ticking the box and confirming), you agree to them with the provider. We keep a record of what you accepted, and when.
Paying. Payments are processed by Stripe and go to the provider's own Stripe account. OGF does not receive your payment and does not store your full card number. Stripe's terms and privacy policy apply to the payment. Refunds, cancellations and disputes about the service are between you and the provider, on the provider's terms.
The assistant. The provider may use OGF's AI assistant to help draft replies to you. The provider reads each reply before sending it, and the first reply in each conversation says an assistant helped. The provider is responsible for what is said in their name. You can always ask to deal with the provider in person.
Your links are yours. Links to quote and payment pages are made for you. Please do not share them. For your safety a link may stop working after a while; if it does, ask the provider for a new one.
Fair use. Do not use these pages for fraud, do not use a card you are not allowed to use, and do not try to reach someone else's booking.
Our part. OGF provides these pages "as is". To the extent the law allows, OGF is not responsible for the provider's service, or for losses that arise from your dealings with the provider. Nothing here takes away rights you have under consumer protection law that cannot be taken away.
Privacy. Our Privacy Policy explains how we handle your information, and our Data Deletion Instructions explain how to ask us to delete it.
Contact. For questions about the service, the price or the booking, contact the provider. For questions about these pages, write to support@originalfactor.com. For questions about your data, write to privacy@originalfactor.com.
Part C: General
Changes to these terms. We may change these terms. We will tell providers about material changes, and providers will need to accept them before continuing to use OGF. For a customer, the version shown when you accept a quote applies to that quote.
Governing law. These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, and the courts of British Columbia have non-exclusive jurisdiction.
If a part does not hold. If any part of these terms is found unenforceable, the rest stays in force, and that part is read down to the minimum extent necessary.
The whole agreement. These terms, the Privacy Policy, and any separate written agreement about fees are the whole agreement between you and us.
Rights the law gives you. Nothing in these terms limits rights that the law does not allow a contract to limit.
Contact.
Serwiz AI Inc.
#250 – 997 Seymour Street
Vancouver, BC V6B 3M1, Canada
Support: support@originalfactor.com
Privacy and data deletion: privacy@originalfactor.com