Effective Date: June 10, 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]
1.1 Lawful Use Only. 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.1.2 Relevant Laws. 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”).1.3 Possible Requirements. Depending on the jurisdiction and the nature of the call, the Telemarketing Laws may require, among other things, that you:
Obtain prior express (or written) consent before making auto‑dialed, prerecorded, or AI‑generated calls or texts;Maintain records or other documentation of such consent (which may need to be in writing for certain call types);Avoid altering caller‑ID information with intent to defraud, cause harm, or wrongfully obtain anything of value;Provide an automated, interactive opt‑out mechanism at the outset of any prerecorded or AI telemarketing message;Provide an AI‑voice disclosure at the start of the call;Notify parties that the call is being recorded and, where required, obtain prior express consent and disclose the use of third‑party analytics vendors;Refrain from calling before 8:00 a.m. or after 9:00 p.m. in the called party’s local time; andRefrain from calling numbers listed on national, state, or company‑specific DNC registries.
1.4 Consent Records. 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.1.5 DNC Scrubbing. 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.1.6 Prohibited Content & Voice Rights. 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 shall use only voices for which it possesses sufficient legal rights and shall not use a real person’s voice (or a deceptively similar voice) without that person’s express written authorization.1.7 KYC Cooperation. Upon Company’s request, Customer shall promptly provide documentary proof of consent records and reasonable information necessary for Company to verify Customer’s identity and compliance with this Exhibit.
Company may audit Customer’s compliance with this Exhibit and may suspend, terminate, or throttle the Services upon reasonable suspicion of non‑compliance or upon receipt of a credible consumer, carrier, or regulatory complaint.
Customer shall defend, indemnify, and hold harmless Company, its Affiliates, and their respective officers, directors, employees, and agents from and against all claims, damages, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or relating to Customer’s use of the Services or breach of this Exhibit.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
COMPANY’S AGGREGATE LIABILITY UNDER THIS EXHIBIT SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE LIABILITY AROSE OR (ii) ONE‑HUNDRED U.S. DOLLARS (US $100). COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.