Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Subscriber," "you," or "your") and ALL IN ONE MARKETING.COM, INC., a New York corporation ("Company," "we," "us," or "our"), governing your access to and use of the All In One Ai Bot platform, including all related software, APIs, websites, and services (collectively, the "Service").

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A BUSINESS OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

1. Description of Service

The Service is a SaaS platform that provides:

• AI-powered chatbot capabilities for automated conversations via SMS, iMessage, and RCS messaging channels.
• Lead management, contact organization, and CRM-like functionality.
• AI-driven information extraction, intent classification, and conversational intelligence.
• Automated follow-up sequencing and message scheduling.
• Calendar integration and appointment booking.
• Analytics, reporting, and conversation scoring.
• Integration with third-party messaging providers (Twilio, Linq, Blooio), AI providers (OpenAI, Anthropic), calendar providers (Nylas), and payment processors (Stripe).

The Service is a tool that facilitates communication. The Company does not send messages on its own behalf to End Users, does not control the content of messages sent by Subscribers, and does not independently verify Subscriber compliance with applicable laws.

2. Account Registration and Eligibility

• You must be at least 18 years old and have the legal capacity to enter into a binding agreement.
• You must provide accurate, complete, and current information during registration and keep your account information up to date.
• You are responsible for maintaining the confidentiality of your account credentials, including your password, API keys, and messaging provider credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.

3. Subscriber Obligations and Compliance

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR ENSURING THAT YOUR USE COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS, AND INDUSTRY GUIDELINES.

3.1 Messaging and Telemarketing Compliance

You represent, warrant, and agree that:

• You will obtain all legally required consents before sending any messages through the Service, including prior express written consent as required by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations, for any messages that constitute telemarketing or advertising.
• You will comply with all applicable federal and state telemarketing laws, including but not limited to the TCPA, the Telemarketing Sales Rule (TSR), CAN-SPAM Act, state mini-TCPA laws, and any regulations promulgated by the Federal Communications Commission (FCC) or Federal Trade Commission (FTC).
• You will comply with the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, carrier requirements, and Application-to-Person (A2P) 10DLC registration requirements.
• You will maintain accurate records of all consents obtained from End Users, including the date, time, method, and content of consent, and will produce such records upon request.
• You will promptly honor all opt-out requests from End Users. While the Service includes automated opt-out detection, you remain responsible for ensuring all opt-out requests are processed correctly.
• You will not send messages to numbers listed on the National Do Not Call Registry unless an applicable exemption applies.
• You will include proper sender identification and opt-out instructions in your messages as required by applicable law and carrier guidelines.
• You will comply with all message throughput limits, quiet hours restrictions, and carrier-imposed sending requirements.

3.2 Messaging Hours and Quiet Hours Compliance

The Service provides configurable operational hours ("quiet hours") tools that allow you to set the days and times during which automated messages may be sent. You acknowledge and agree that:

• The quiet hours feature is provided as a convenience tool only and does not constitute legal advice or a guarantee of TCPA or state telemarketing law compliance.
• The federal TCPA generally restricts automated telephone calls and text messages to between 8:00 AM and 9:00 PM in the recipient's local time zone. Many states impose stricter restrictions, including earlier cutoff times (e.g., 8:00 PM in Florida, Oklahoma, Washington, Virginia, Massachusetts, Mississippi, Indiana, and South Carolina), later start times (e.g., 9:00 AM in Connecticut and Texas), and prohibitions on Sunday or weekend messaging (e.g., Georgia, Tennessee, North Carolina, and Louisiana).
• You are solely responsible for configuring your messaging hours to comply with all applicable federal, state, and local quiet hours laws and regulations based on the jurisdictions in which your End Users are located. The Company does not determine, verify, or control the geographic locations or time zones of your End Users.
• The Service allows you to override or disable quiet hours restrictions entirely. If you choose to disable quiet hours or configure messaging outside of recommended compliant windows, you assume all risk and liability for any resulting violations of the TCPA, state mini-TCPA laws, FCC regulations, or any other applicable law.
• The Company is not liable for any fines, penalties, lawsuits, damages, or regulatory actions resulting from messages sent outside of legally permissible hours, whether due to your configuration choices, time zone discrepancies, system delays, or any other reason.
• You acknowledge that the recommended default hours provided by the Service (9:00 AM – 8:00 PM, Monday through Saturday, with Sunday disabled) are general guidance only and may not be sufficient for compliance in all jurisdictions. You should consult with your own legal counsel to determine the appropriate messaging windows for your specific use case and geographic reach.

3.3 Opt-Out Lists and Do-Not-Contact Compliance

The Service includes automated opt-out detection that identifies common opt-out keywords (e.g., "STOP," "UNSUBSCRIBE," "OPT OUT") and flags leads accordingly. You acknowledge and agree that:

• You are solely responsible for maintaining a comprehensive and accurate opt-out list and do-not-contact ("DNC") list for your business. The automated opt-out detection provided by the Service is a convenience tool and may not capture all opt-out requests, including those made verbally, in writing outside of the messaging channel, through third-party complaint mechanisms, or using non-standard language.
• You must honor all opt-out requests received through any channel — including phone calls, emails, website forms, verbal requests, social media, and regulatory filings — regardless of whether such requests are captured by the Service's automated detection.
• You are responsible for regularly reviewing and updating your opt-out and DNC lists, including cross-referencing against the National Do Not Call Registry and any applicable state do-not-call registries.
• You must process opt-out requests within the timeframe required by applicable law (generally within a reasonable period, and no more than 10 business days under FTC regulations).
• You must not re-add, re-contact, or resume automated messaging to any End User who has opted out unless you have obtained new, valid prior express written consent from that individual.
• The Company does not maintain, manage, or verify your opt-out or DNC lists. The Company has no obligation to prevent messages from being sent to individuals on your opt-out or DNC lists beyond the automated keyword detection feature provided within the Service.
• The Company is not liable for any fines, penalties, lawsuits, damages, or regulatory actions resulting from messages sent to individuals who have opted out or who are listed on any do-not-call registry, whether due to your failure to maintain accurate opt-out records, your failure to process opt-out requests, technical errors, or any other reason.
• You are solely responsible for maintaining records that demonstrate your compliance with opt-out and DNC obligations, including evidence of when opt-out requests were received and honored.

3.4 Data Protection and Privacy Compliance

You represent, warrant, and agree that:

• You will comply with all applicable data protection and privacy laws, including the California Consumer Privacy Act (CCPA/CPRA), New York SHIELD Act, and any other applicable state, federal, or international privacy laws.
• You have a lawful basis for collecting, processing, and sharing End User data through the Service.
• You will provide End Users with adequate privacy notices that disclose the use of AI-powered chatbots and automated messaging systems, the types of data collected, and how data will be used and shared.
• You will respond to End User data subject requests (access, deletion, correction) in accordance with applicable law and will use the Service's features to facilitate such requests.
• You will not upload or transmit through the Service any data that you are prohibited from sharing under applicable law or contractual obligations.

3.5 Prohibited Uses

You agree not to use the Service to:

• Send unsolicited messages or spam.
• Engage in phishing, fraud, or deceptive practices.
• Harass, threaten, defame, or intimidate any person.
• Send messages that contain illegal, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, or otherwise objectionable content.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Violate any applicable law or regulation, including laws governing telemarketing, text messaging, consumer protection, or data privacy.
• Transmit protected health information (PHI) in violation of the Health Insurance Portability and Accountability Act (HIPAA) without a separate Business Associate Agreement.
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• Use the Service to develop a competing product or service.
• Access the Service through automated means (bots, scrapers) except through our published APIs.
• Use the AI capabilities to generate content that is discriminatory, hateful, or that promotes violence.

4. AI-Powered Features — Disclaimers

• The Service uses third-party AI models (OpenAI and Anthropic) to generate conversational responses, classify intents, and extract information. AI-generated content may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing and monitoring the AI's performance and output.
• The AI does not provide professional advice (legal, medical, financial, or otherwise). Any information conveyed by the AI chatbot should not be relied upon as professional advice by End Users.
• You acknowledge that AI models may produce unexpected, incorrect, or inconsistent responses and that the Company does not guarantee the accuracy, reliability, or appropriateness of any AI-generated content.
• You are solely responsible for configuring the AI's instructions, personality, and knowledge base to ensure appropriate and compliant interactions with your End Users.
• The Company does not control and is not responsible for any decisions made by End Users based on AI-generated communications.

5. Subscription Plans and Payments

5.1 Plans and Pricing

• The Service is offered on a subscription basis with tiered plans (Starter, Growth, Scale). Current pricing and plan features are displayed on the Service website and may be updated from time to time.
• New accounts receive a 7-day free trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service.
• We reserve the right to change our pricing with 30 days' prior notice. Price changes will take effect at the start of your next billing cycle.

5.2 Billing and Payment

• Payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service.
• Subscriptions renew automatically unless cancelled before the renewal date.
• You are responsible for any taxes applicable to your subscription.
• If payment fails, we may suspend your account after providing reasonable notice and an opportunity to cure.

5.3 Refunds

All subscription fees are non-refundable except as required by applicable law. No refunds will be issued for partial months of service, downgrades, or unused features within a billing period.

5.4 Third-Party Costs

You are responsible for all costs associated with third-party services you connect to the Service, including but not limited to messaging provider fees (Twilio, Linq, Blooio per-message costs), AI provider usage (if using your own API keys), and calendar provider fees. The Company is not responsible for charges imposed by these third-party providers.

6. Intellectual Property

6.1 Company IP

The Service, including its design, features, code, AI prompts, system instructions, documentation, and all related intellectual property, is owned by the Company and protected by copyright, trademark, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

6.2 Subscriber Content

You retain ownership of all data and content you upload to the Service ("Subscriber Content"). You grant us a limited license to use, process, store, and transmit Subscriber Content solely to provide and improve the Service.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right, including but not limited to the TCPA, CCPA, CAN-SPAM Act, or any state telemarketing or privacy law.
• Messages sent through the Service using your account, including claims by End Users, regulators, carriers, or other third parties relating to consent, content, or frequency of messages.
• Any claim by an End User arising from your use of AI-powered features, including claims based on inaccurate, misleading, or inappropriate AI-generated content.
• Your failure to obtain proper consent from End Users.
• Your failure to maintain accurate opt-out or do-not-contact lists, or your failure to honor opt-out requests from End Users through any channel, resulting in messages being sent to individuals who have revoked consent or requested not to be contacted.
• Messages sent outside of legally permissible hours due to your configuration of quiet hours settings, your decision to disable quiet hours, or any other reason.
• Any data breach or security incident caused by your negligence, including failure to safeguard your account credentials or messaging provider credentials.
• Your Subscriber Content or any data you upload to or transmit through the Service.

This indemnification obligation survives termination of these Terms and your use of the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT, INFORMATION EXTRACTION, INTENT CLASSIFICATION, OR OTHER AI-POWERED FEATURE.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
• THE COMPANY IS NOT LIABLE FOR ANY FINES, PENALTIES, OR DAMAGES IMPOSED ON YOU BY REGULATORY AUTHORITIES, CARRIERS, OR COURTS AS A RESULT OF YOUR MESSAGING PRACTICES, REGARDLESS OF WHETHER SUCH MESSAGES WERE SENT THROUGH THE SERVICE.
• WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, FINES, OR PENALTIES ARISING FROM OR RELATED TO: (A) MESSAGES SENT OUTSIDE OF LEGALLY PERMISSIBLE HOURS UNDER THE TCPA OR ANY STATE OR LOCAL LAW, WHETHER DUE TO YOUR CONFIGURATION OF QUIET HOURS SETTINGS, YOUR DECISION TO DISABLE QUIET HOURS RESTRICTIONS, TIME ZONE DISCREPANCIES BETWEEN YOUR SETTINGS AND YOUR END USERS' LOCATIONS, OR ANY OTHER REASON; (B) YOUR FAILURE TO COMPLY WITH STATE-SPECIFIC MESSAGING RESTRICTIONS, INCLUDING BUT NOT LIMITED TO RESTRICTIONS ON SUNDAY MESSAGING, WEEKEND MESSAGING, OR STATE-SPECIFIC QUIET HOURS CUTOFF TIMES; OR (C) ANY NON-COMPLIANT MESSAGING THAT RESULTS FROM YOUR OVERRIDE OF THE SERVICE'S DEFAULT RECOMMENDED SETTINGS. THE QUIET HOURS TOOLS PROVIDED BY THE SERVICE ARE OFFERED AS A CONVENIENCE AND NOT AS A COMPLIANCE GUARANTEE.

9. Termination

9.1 Termination by Subscriber

You may cancel your subscription at any time through the billing settings in the Service or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the paid period.

9.2 Termination by Company

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach these Terms or any applicable law.
• Your use of the Service poses a security risk or may cause liability to the Company or other users.
• Your account has been flagged by a messaging carrier or provider for non-compliance.
• Your payment method fails and is not resolved within a reasonable period.
• We are required to do so by law or regulatory order.

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 90 days following termination, during which time you may request an export of your data. After 90 days, your data will be permanently deleted unless retention is required by law. Sections 3 (Subscriber Obligations), 6 (Intellectual Property), 7 (Indemnification), 8 (Limitation of Liability), 10 (Dispute Resolution), and 11 (General Provisions) survive termination.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

10.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York, before a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

10.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

11. General Provisions

11.1 Modifications

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or through the Service. Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

11.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, negotiations, and discussions.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

11.4 Waiver

The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

11.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

11.6 Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages (including messaging provider, AI provider, or infrastructure provider outages).

11.7 Notices

All notices to the Company should be sent to legal@allinonemarketing.com. Notices to you will be sent to the email address associated with your account.

11.8 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

12. Contact Information

For questions about these Terms, contact us at: