Effective Date: March 1, 2025
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 (the "Services"). By accessing or using our website and Services, you agree to comply with and be bound by these Terms.
By using our website and Services, you represent and warrant that:
You are at least 18 years old, or the legal age of majority in your jurisdiction .You agree to provide accurate and complete information and maintain the accuracy of such information.You agree to comply with all applicable local, state, and federal laws, including but not limited to those related to telecommunications, data privacy, and messaging.
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:
Telephone Consumer Protection Act (TCPA): You must obtain prior express written consent from recipients before sending any promotional or marketing messages, including SMS and voice calls. Consent must be clear and transparent.CAN-SPAM Act: You must provide recipients with a clear and easy way to opt-out of receiving marketing communications, such as an unsubscribe link in emails. Additionally, you must not send unsolicited or misleading messages.Consumer Consent: If you are collecting user consent for A2P messaging, such consent must be provided voluntarily, and users must be fully informed of what messages they will receive. You agree to maintain proper documentation of consent.Message Content and Frequency: You agree not to send automated or unsolicited messages that are intrusive or irrelevant. The frequency of messages should be reasonable and comply with any service-specific regulations.
You agree that you will:
Only send messages to recipients who have opted in and agreed to receive communication from you.Maintain up-to-date records of opt-in and opt-out requests, ensuring you do not send messages to individuals who have opted out.Provide recipients with clear instructions on how they can opt-out of receiving further communications from you. Opt-out instructions must be easy to understand and action.Ensure that your messaging practices do not violate any applicable anti-spam, privacy, or data protection laws.
You are prohibited from using our Services to send:
Any form of illegal, harmful, or harassing content.Content that infringes upon the intellectual property rights of others.Spam, phishing messages, or unsolicited marketing.Any content that may be deemed as deceptive, false, or misleading.
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:
You are responsible for ensuring that those third parties are also compliant with A2P regulations and applicable laws.You will not hold us liable for any actions or non-compliance by third-party service providers.
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 OHIO Any dispute arising under these Terms will be resolved exclusively in the courts located in OHIO.
If you have any questions about these Terms of Service, please contact us at [email protected]