Terms of Service

# Terms of Service

Effective date: [insert the date you publish this]

This Terms of Service Agreement ("Agreement") is entered into by and between Powerhouse Media Marketing, LLC, doing business as The AI Powerhouse ("Company"), which provides the software platform Thetechstack.ai ("Platform"), and the client or user ("you" or "Client"). By accessing or using our services, you agree to be bound by these terms.

## 1. Purpose and Scope

The Company provides services including AI implementation, automation, and integration designed to optimize marketing and operational processes for our clients. This Agreement governs your access to and use of our services and the Platform.

## 2. Services Provided

- AI implementation and automation: setup and optimization of AI systems tailored to your business.

- System integration: integration with your existing platforms (for example CRM and advertising accounts).

- Training and support: documentation, training sessions, and ongoing support.

- Performance monitoring: reporting and analytics on system effectiveness and key performance indicators.

## 3. Compensation and Billing

- Fees: you agree to pay the fees in your service agreement with the Company, which may be a flat fee, revenue share, or other agreed arrangement.

- Billing: fees are invoiced monthly unless your service agreement states otherwise. You agree to keep accurate records and use any provided tracking systems so revenue can be attributed correctly.

- Non-refundable fees: except as provided in a specific written performance guarantee, fees paid are non-refundable.

## 4. Cancellation and Chargebacks

- Cancellation notice: to cancel, email [email protected] at least 35 days before the date you want cancellation to take effect.

- Chargebacks: if you do not give proper cancellation notice, or start a chargeback without following this cancellation procedure, you remain liable for all fees due under this Agreement, and the Company may pursue its legal remedies.

- After cancellation: you are responsible for payment for all services provided through the effective cancellation date. Outstanding fees are due within 5 business days of termination.

## 5. Communications

You agree that the Company may contact you by email, phone, and in-app or chat messages about your account, services, billing, and support. We send text messages only if you opt in under Section 6, and promotional messages only where you have given the consent required by law. Consent to receive text messages is not a condition of purchasing any service.

## 6. SMS Terms and Conditions

- Program name: The AI Powerhouse appointment and service messages.

- Description: text messages about your appointments and inquiries, including appointment confirmations and reminders, replies to messages you send us, and follow-ups about services you requested.

- How to opt in: check the optional SMS consent box on a form on our website, or agree when our receptionist (including our AI receptionist) asks for permission to text you during a phone call.

- Message frequency: varies based on your appointments and inquiries.

- Costs: Message and data rates may apply.

- Opt out: reply STOP to any message. You will receive one confirmation message and no further texts unless you opt in again (for example by replying START).

- Help: reply HELP, call (407) 305-4241, or email [email protected].

- Carrier disclaimer: mobile carriers are not liable for delayed or undelivered messages.

- Privacy: see our Privacy Policy at https://theaipowerhouse.com/privacy-policy. We do not share mobile information or text messaging opt-in data with third parties for marketing purposes.

## 7. Client Messaging Obligations

If you use the Platform to call or text your own customers, you are responsible for complying with all applicable laws and carrier rules, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and call-recording laws, and US A2P 10DLC requirements. This includes obtaining and keeping records of your contacts' consent, honoring opt-out requests, providing required disclosures, and providing accurate business information for carrier registration. The Company may suspend messaging or calling that violates these obligations or carrier policies.

## 8. Confidentiality

Both parties will keep confidential any proprietary or sensitive information disclosed during this Agreement and will not disclose it to third parties without the other party's prior written consent, except as required by law. This obligation survives termination.

## 9. Limitation of Liability

The Company is not liable for any indirect, incidental, consequential, or punitive damages arising out of or related to this Agreement. The Company's total liability will not exceed the total fees you paid under this Agreement, regardless of the legal theory.

## 10. Dispute Resolution

- Negotiation: the parties will first try to resolve any dispute through good-faith negotiation.

- Arbitration: disputes not resolved by negotiation will be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Charleston County, South Carolina. The arbitrator's decision is final and binding.

## 11. Governing Law

This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict-of-law rules.

## 12. Entire Agreement and Amendments

This Agreement, together with your service agreement and our Privacy Policy, is the entire agreement between you and the Company about our services and supersedes all prior communications. Amendments must be in writing and signed by both parties.

## 13. Client Data and Privacy

Client data is handled according to our Privacy Policy at https://theaipowerhouse.com/privacy-policy. By entering into this Agreement, you consent to the data practices described there.

## 14. Contact

Powerhouse Media Marketing, LLC (The AI Powerhouse)

6650 Rivers Avenue, Suite 100, North Charleston, SC 29406

Email: [email protected]

Phone: (407) 305-4241