Terms of Service

1 Acceptance of Terms

By subscribing to or using any of our services, you confirm that you have read, understood and agree to these Terms and our Privacy Policy. We may update these Terms at any time and the changes take effect once posted on our website or sent to you by email. Continuing to use our services after an update means you accept the revised Terms.

2 Description of Services

Clear Choice System Marketing provides website design and hosting, AI powered tools (Content AI, Conversation and Voice AI, Reviews AI and Funnel AI), lead generation through Lead Connector, calls and text messaging, search engine optimization and business listing management across platforms including Google Business Profile, Apple Maps Business and Yelp. Full details on each service are available on our website.

3 Age Restriction

You must be 18 years of age or older to use our website, services or SMS program. By opting in you confirm that you are at least 18 years old. We do not knowingly collect information from or send messages to anyone under 18.

4 Website Services & Fees

• Any subscription that includes website services carries a $49 service fee covering maintenance, hosting and management of the site.
• If you cancel a subscription that includes website services, keeping the site live and accessible outside your subscription requires a $49 fee for continued hosting.
• You may transfer the domain out for a one time $100 fee. The website graphics, design and build out (including all proprietary code) stay owned by Clear Choice System and are never transferred. Only the domain name itself can move.
• We may perform SEO optimization and manage business listings on your behalf and we can undo, modify or remove any of that work at our discretion, including reverting changes to accounts on platforms like Google Business Profile, Apple Maps Business or Yelp.
• Once your subscription ends we are not responsible for any issues, downtime or performance problems tied to your listings or website, including anything resulting from cancellation, termination or non-renewal. You take on full responsibility for managing them from that point.

5 Service Pricing

The following usage rates apply where these services are used alongside your subscription and are subject to change at our discretion, with notice given per section 1 above.

Call recording is billed separately and is not included in standard subscription pricing or the rates above.

Example: 100 minutes of recorded calls stored for one month runs about $0.30 for recording plus $0.05 for storage. These charges are usage based and billed to you.

6 SMS Program Description & Use Cases

When you opt in to the Clear Choice System Marketing SMS program, you authorize us to text or call the number provided, which may be sent using automated means. Message frequency varies. Consent is not a condition of any purchase. Messages you may receive include:

• Promotional and marketing offers
• Account notifications and service updates
• Customer support responses
• Appointment reminders
• Lead engagement follow ups

You opt in through the chat widget on our website at https://clearchoicesystem.com. You enter your mobile number and check the consent box, which is never pre-checked. The consent box reads: "By submitting, you authorize Clear Choice System LLC to text/call the number above for promotional messages, possibly using automated means. Msg/data rates apply, msg frequency varies. Consent is not a condition of purchase. See terms and privacy policy. Text HELP for help and STOP to unsubscribe." This is the only opt-in path for this program.

7 SMS Opt-Out Instructions

You can manage your SMS subscription at any time using these keywords:

8 Message & Data Rate Disclosure

Charges depend on your mobile carrier and plan. Clear Choice System Marketing is not responsible for any message or data charges billed to you by your carrier.

9 Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to the effective transmission of your mobile carrier and is not guaranteed. This includes but is not limited to T-Mobile, AT&T, Verizon and Sprint.

10 Automated Communications & Marketing Consent

By using our services you agree to receive calls and text messages from Clear Choice System and/or the clients we provide services on behalf of, sent to the number you give us at registration or at any point while using our services. These communications may be automated, pre-recorded, generated with AI including Voice AI or placed using an automatic telephone dialing system.

You also consent to marketing and promotional communications, including special offers, product announcements, industry updates and educational content. This consent is not a condition of purchasing anything from us, except where required for Voice AI and automated communication features to function.

You can opt out of future texts or calls at any time by replying STOP, asking during any call, emailing support@clearchoicesystem.com or following the unsubscribe instructions in any message. Opting out of marketing communications does not stop transactional or account related messages tied to services you are subscribed to.

You confirm that any phone number you give us is yours or that you are authorized to provide it, and you agree to update it promptly if it changes.

11 Account, Payment & Billing

If you register an account with us, you are responsible for keeping your login credentials confidential and for all activity under your account. Notify us right away if you suspect unauthorized use.

All fees are due as set out in your subscription plan or service agreement. Payments run through our designated payment platforms and you authorize us to charge your chosen payment method. Late payments can lead to suspension or termination of services.

Usage based services listed in section 5 (calls, texts, AI features, Lead Connector) draw from a prepaid balance on your account. When that balance runs low or hits zero, your payment method on file will be automatically charged a $10 recharge to keep those services running without interruption. Recharges may happen more than once per billing cycle depending on your usage, and each $10 recharge is treated the same as any other charge under our no refund policy in section 12.

12 Cancellation, Termination & Refunds

You can cancel your subscription any time through the process on our website or by contacting support. Cancellation requests must come in within the current billing cycle and at least 24 hours before it ends. Missing that window means you are billed for the full cycle with no refund for any portion already billed or remaining.

We do not offer refunds under any circumstances, including cancellations, service interruptions or dissatisfaction with the services. This covers all charges, including website service fees, domain transfer fees, card processing fees and usage based recharges.

We can suspend or terminate your access for non-payment, a violation of these Terms or any other reason we see fit. You may still owe outstanding fees after termination, and we keep the right to undo any SEO work or business listing changes per section 4, with no responsibility on our end for your listings or website once the subscription ends.

13 Intellectual Property & Website Ownership

All content, trademarks, logos and proprietary materials delivered through our services belong to Clear Choice System or our licensors. You may not use, reproduce or distribute any of it without our written consent, outside what these Terms expressly allow.

Every website is built with our proprietary tools, templates and resources, so we retain full ownership of the graphics, design, structure and code. You get a non-exclusive, non-transferable license to use the site while your subscription is active. No ownership passes to you on cancellation or termination, and only the domain name can be transferred out per section 4.

14 AI Agent Liability & Client Responsibility

• We are not liable for any statement, response, recommendation or content our AI agents generate or deliver on your behalf. You are responsible for monitoring, reviewing and validating everything an AI agent produces before it reaches an end user.
• You are solely responsible for training, configuring and confirming the accuracy of everything fed to an AI agent, including context, knowledge bases, business info and policies. All of that comes from materials you provide, your website, industry standard policy or public information, and you warrant it is accurate and lawful.
• You are responsible for keeping documentation of what data and instructions were used to train or configure each AI agent. We do not verify the accuracy, legality or appropriateness of anything you provide.
• Any dispute, collections matter, complaint, regulatory inquiry or legal claim tied to statements an AI agent made is your responsibility. You agree to indemnify us against claims related to AI agent statements or actions, except where we are proven to have intentionally put false or harmful information into the agent's training or configuration.
• We do not guarantee AI agent output is accurate, complete or legally compliant. You are responsible for reviewing all output and deciding independently whether it is appropriate before it goes live.

15 Limitation of Liability & Indemnification

To the fullest extent the law allows, Clear Choice System is not liable for indirect, incidental, special, consequential or punitive damages arising from your use of our services. Our total liability for any claim is capped at what you paid us in the 12 months before the claim.

You agree to indemnify, defend and hold harmless Clear Choice System, our affiliates and our officers, directors, employees and agents from any claim, damage or liability arising from your use of the services or a violation of these Terms.

16 Support Contact Information

For help with our services or SMS program, contact Clear Choice System Marketing through the contact form on our website at https://clearchoicesystem.com or by emailing support@clearchoicesystem.com.

17 Privacy Policy

Your use of our website and services is also governed by our Privacy Policy, which explains how we collect, use and protect your information. You can read it in full here:

https://clearchoicesystem.com/privacy-policy

See our full Privacy Policy at https://clearchoicesystem.com/privacy-policy.

18 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts located in California.

19 Miscellaneous

Entire agreement. These Terms are the entire agreement between you and Clear Choice System regarding the services and replace any prior agreement.

Severability. If any part of these Terms is found invalid or unenforceable, the rest stays in full force.

Waiver. Failing to enforce a right or provision here does not waive that right or provision.