Effective Date: January 24, 2026
These Terms of Service ("Terms") govern your use of AI MARKETING SALES LLC and the services we provide, including but not limited to messaging and communication services, video creation, and other marketing services (the "Services"). By accessing or using our website and Services, you agree to comply with and be bound by these Terms.
Unless otherwise explicitly agreed upon in a separate written agreement, you acknowledge and agree that AI MARKETING SALES LLC is the exclusive owner of all videos, creative content, and other materials produced in the course of providing the Services ("Content"), including without limitation, all Intellectual Property Rights in or to the Content or arising out of the Content. You understand and agree that the Content is intended to be a "work made for hire" under the United States Copyright Act and as such the Content shall be owned exclusively and unconditionally by AI MARKETING SALES LLC from its inception. In the event that the Content does not qualify as a work made for hire under the United States Copyright Act, you hereby assign to AI MARKETING SALES LLC all right, title, and interest, including all copyrights related thereto, in and to the Content. You shall have no rights in or to the Content and/or any deliverables, works, footage, or assets created by AI MARKETING SALES LLC in connection with the performance of the Services and shall not reproduce, distribute, use or exploit the foregoing without our express written permission.
We may, at our discretion, offer an option to purchase the Intellectual Property rights to the Content created for you. This buyout option will be subject to a separate written agreement and will require the payment of a setup fee and any other associated costs. Upon full payment of the agreed-upon fees, and execution of the IP buyout agreement, the ownership of the specified Content will be transferred to you. Until such an agreement is in place and all fees are paid, AI MARKETING SALES LLC retains all ownership rights to the Content.
You agree to pay all fees for Services in accordance with the pricing and payment terms presented to you for those Services. All fees are due in U.S. dollars and are non-refundable, except as required by law or as explicitly stated in these Terms. You are responsible for providing a valid payment method and for keeping your payment information up-to-date.
Due to the nature of our Services, we have a strict no-refund policy. Once a payment is made, it is non-refundable. We encourage you to carefully consider your purchase before making a payment. This policy is in place to protect our business from the costs associated with providing our Services.
By using our Services, you agree to waive your right to initiate a chargeback for any reason. If you have a dispute regarding a payment, you must contact us directly at [email protected] to resolve the issue. If you initiate a chargeback, we reserve the right to terminate your access to our Services immediately and without notice. We may also pursue legal action to recover the disputed amount, plus any fees or damages incurred as a result of the chargeback.
During your engagement with AI MARKETING SALES LLC and for a period of twelve (12) months after the termination of our Services (for any reason), you agree that you will not, directly or indirectly:
(a) solicit, entice, or induce any of our customers, clients, vendors, or business partners to cease doing business with us or to do business with any other person or entity that provides services similar to ours; or
(b) solicit, recruit, or attempt to recruit any of our employees, consultants, or independent contractors to terminate their relationship with us or to work for any third party.
By using our website and Services, you represent and warrant that:
If you use our Services for Application-to-Person (A2P) messaging, including SMS, email, or other communication methods, you must comply with all relevant laws and regulations, including:
You agree that you will:
You are prohibited from using our Services to send:
If you are using A2P messaging, we require you to include a clear and easy-to-use opt-out mechanism (such as an unsubscribe link or SMS "STOP" command) in every communication. Upon receiving a valid opt-out request, you must promptly remove the individual from your messaging list.
We are committed to protecting your privacy and ensuring the security of personal data. Any personal information you provide, including contact details for A2P messaging, will be processed in accordance with our Privacy Policy. You agree to comply with applicable data protection laws, including GDPR (if applicable) and CCPA (if applicable).
If you use third-party services (e.g., SMS providers or email services) to send A2P messages, you agree that:
To the fullest extent permitted by law, AI MARKETING SALES LLC will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits or business opportunities, arising from your use or inability to use our Services, including A2P messaging.
You agree to indemnify, defend, and hold harmless AI MARKETING SALES LLC, its affiliates, employees, agents, and partners from and against any claims, damages, liabilities, or expenses arising from your violation of these Terms or any applicable laws, including but not limited to A2P messaging regulations.
We may update or modify these Terms at any time. When we do, we will post the revised Terms on our website, and the changes will be effective immediately upon posting. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.
We reserve the right to suspend or terminate your access to our Services at any time, without notice, for violations of these Terms or any applicable laws, including those governing A2P messaging.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any dispute arising under these Terms will be resolved exclusively in the state or federal courts located in Ohio.
If you have any questions about these Terms of Service, please contact us at [email protected]
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us at [email protected]. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms, the Services, or any advertising, or any of our or your rights or obligations, will be resolved by final and binding arbitration. The arbitration will be conducted by a single arbitrator, and the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Customer shall not use the Services in any manner that violates applicable federal, state, or local law; infringes third-party rights; or interferes with network integrity.
Laws and regulations that may apply to calls or text messages sent using the Services include, without limitation, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. Part 310), the Federal Communications Commission's regulations implementing the TCPA, the Federal Trade Commission Act, state telemarketing statutes, federal and state anti-wiretapping or call-recording laws, and any national or state Do-Not-Call ("DNC") rules (collectively, the "Telemarketing Laws").
Depending on the jurisdiction and the nature of the call, the Telemarketing Laws may require, among other things, that you:
Where consumer consent is legally required, Customer must maintain proof of the required level of consent for at least five (5) years—or such longer period as the applicable Telemarketing Laws specify—and must furnish such proof to Company within three (3) business days of request.
If the Telemarketing Laws require DNC compliance, Customer must ensure that its dialing systems are programmed to scrub numbers against the applicable federal, state, and internal DNC lists at least every thirty-one (31) days.
Customer shall not use the Services to transmit unlawful, deceptive, obscene, harassing, or fraudulent content, including make-money-fast schemes, pyramid or Ponzi schemes, phishing, or impersonation of a real person without consent. Customer represents and warrants that it has obtained all necessary rights, licenses, and consents to use any voice, likeness, or persona in connection with the Services.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.