Terms of Service

IMPORTANT — ARBITRATION & CLASS ACTION WAIVER: This Agreement contains a binding arbitration provision and a class action waiver. Please read the Dispute Resolution section carefully.

By creating an account, submitting any form or survey, subscribing, or otherwise using OutsourceSy’s website(s), products, or services (collectively, the “Platform” or “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not access or use the Platform.

These Terms, together with our Privacy Policy and Data Processing Agreement (DPA) (if applicable), form the entire agreement between you (“Customer,” “you”) and OutsourceSy, LLC (“OutsourceSy,” “we,” “us,” “our”).

1) Who We Are & Scope

OutsourceSy provides white-labeled SaaS and automation solutions (“Always-On Growth Systems”), including AI voice/chat agents, CRM, forms, funnels, calendars, review/reputation tools, email/SMS/voice communications, and workflow automations. We are a technology provider only; you control the content, recipients, timing, and compliance of communications and workflows executed via your account.

Unless expressly stated in a separate Statement of Work (“SOW”) or Order Form, we do not provide legal, medical, financial, or tax advice; any suggestions or templates are for informational purposes only.

2) Eligibility; Accounts; Security

• Eligibility: You must be at least 18 to use the Platform.

• Account Info: You agree to provide accurate, complete, and up-to-date information.

• Credentials: You are responsible for safeguarding your login credentials and all activity occurring under your account. Notify us immediately of any unauthorized use or security breach.

• Ownership Disputes: If multiple parties claim an account, we may suspend access until ownership is resolved by mutual agreement or court order.

3) Acceptable Use & Compliance

• Laws & Policies: You are solely responsible for compliance with all laws that apply to your business and use of the Platform, including TCPA, CAN-SPAM, GDPR/CCPA, and HIPAA if applicable.

• Prohibited Uses: You may not use the Platform for unlawful, harmful, defamatory, fraudulent, deceptive, harassing, discriminatory, or abusive conduct; for illegal or regulated goods/services; to infringe IP rights; to spam; to interfere with the Platform; to reverse engineer; or to misrepresent origin or identity. See Exhibit A (Code of Conduct).

• AI Features: If you use AI voice/chat or AI content features, you must (i) disclose that users are interacting with AI, (ii) not use AI for licensed professional advice or discriminatory purposes, and (iii) comply with Exhibit B (AI Acceptable Use Policy).

4) Messaging Consent (SMS, Email, Voice, WhatsApp)

By submitting any form or survey on our sites or using your account, you consent to receive confirmations, notifications, reminders, updates, and other communications. Standard carrier, data, and message rates may apply.

• SMS/Text: Reply STOP to cancel; reply HELP for help.

• Email: Click Unsubscribe in any email to opt out.

• Voice/Calls: If you provide a number, you consent to receive calls (including prerecorded/AI where permitted).

• Your Responsibility: You control who you contact and must obtain and document all legally required consents from your own contacts.

5) Third-Party Services & Integrations

The Platform may enable integrations (e.g., payments, email, telephony, analytics). Third parties are independent providers with their own terms and privacy policies. You authorize us to share data as needed to enable integrations you choose. We are not liable for third-party content, outages, data handling, fees, or changes.

6) Plans, Subscriptions, Auto-Renewals

• Pricing & Plans: Our services may be offered as monthly/annual subscriptions and/or project-based fees. Prices may change at any time; changes apply on renewal or prospectively for usage-based fees.

• Auto-Renewal: Subscriptions renew automatically until canceled. We charge the payment method on file at each renewal.

• Upgrades/Downgrades: You may request plan changes in your account portal; changes generally take effect at the next billing cycle unless otherwise noted.

• Free Trials: If offered, trials convert to paid at the end of the trial unless canceled before expiration. We may limit or revoke trials for suspected abuse.

7) Fair Usage & Trial Abuse Prevention

We offer generous features to evaluate fit. “Unlimited” labels (if any) are subject to reasonable use given technical and staffing limits. We may pause, throttle, or terminate access; require plan upgrades; or bill for atypical or abusive consumption after notifying you.

8) Payments; Taxes; Wallet/Credits; Chargebacks; Collections

• Payment Processing: Payments are handled via third-party processors (e.g., Stripe, PayPal).

• Non-Refundable Fees: All fees are non-refundable unless required by law or expressly stated in an SOW.

• Taxes: You are responsible for all applicable taxes, duties, and government assessments.

• Wallet/Credits: If applicable, unused prepaid credits may be refundable upon written request within 30 days after cancellation; unclaimed balances after 30 days are forfeited.

• Late/Failed Payments: If a charge fails, we may retry and/or suspend/terminate your account.

• Chargebacks: Filing chargebacks without first contacting us may result in additional invoices, collections, and account suspension.

• Advance Payments & Deposits: Required for certain projects; refundable only if OutsourceSy cancels before work begins.

9) Cancellation; Effects of Termination

• How to Cancel: Cancel via your account portal or email [email protected].

• Effective Date: Cancellation stops future renewals; service continues until the end of the current paid term.

• Data & Access: Upon termination, access ends and data/features may be deleted or unrecoverable. Export any data before cancellation.

• Our Right to Terminate: We may suspend or terminate for violations, non-payment, fraud, or legal risk.

10) Scope of Services & Brand Definition

• Primary Brand: Your subscription covers one primary brand/domain.

• New Ventures/Sub-Brands: Work for additional brands, entities, or materially different product lines requires a separate subscription or SOW.

11) Content; Customer Data

• Your Content: You own your content and customer data. You grant OutsourceSy a license to host, process, and transmit it as needed to provide services.

• Public Posts: If you post publicly on our sites, you grant OutsourceSy a license to use that content.

• Sensitive Data: Do not upload regulated categories of sensitive data without a DPA/SOW.

12) Intellectual Property; Feedback; DMCA

• Our IP: The Platform and workflows are owned by OutsourceSy or its licensors.

• Your Feedback: Any feedback or suggestions may be used by us freely.

• DMCA: Send notices titled “DMCA Takedown Request” to [email protected] with required details.

13) Warranties; Disclaimers

The Platform is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied. We do not warrant uninterrupted operation, legal compliance, deliverability, or business outcomes.

14) Limitation of Liability

Our liability is limited to the fees you paid in the three (3) months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

15) Indemnification

You agree to indemnify and hold OutsourceSy harmless from any claims arising from your use of the Platform, your content, your communications, or your violation of law.

16) Dispute Resolution; Governing Law

• Governing Law: Florida law governs these Terms.

• Arbitration: All disputes will be resolved by binding arbitration under AAA rules in Sarasota County, Florida.

• Class Action Waiver: Claims must be brought individually.

• Time Limit: Claims must be filed within three (3) months of the event giving rise to the claim.

17) Changes to These Terms

We may update these Terms at any time. Continued use after changes constitutes acceptance.

18) Notices; Contact

• Support: [email protected]

• Legal/DMCA: [email protected]

• Mailing Address: OutsourceSy, LLC, 2462 Laurel Rd E Suite 547, Nokomis, FL 34275

Exhibit A - Code of Conduct (Prohibited Uses)

When using OutsourceSy’s Platform or Services, you agree not to engage in the following prohibited uses. Violating these restrictions may result in suspension or termination of your account:

Illegal or Harmful Activity

• Using the Platform in any way that violates applicable laws or regulations.

• Engaging in harassment, abuse, threats, defamation, or exploitation.

• Promoting or facilitating illegal activities, scams, fraud, or phishing.

• Uploading viruses, malware, or any malicious code.

Misuse of Communications

• Sending spam, junk mail, chain letters, unsolicited advertising, or “robocalls.”

• Misrepresenting your identity, affiliation, or impersonating another person/business.

• Failing to obtain proper consent before contacting leads, customers, or subscribers.

Technical Misconduct

• Reverse engineering, copying, scraping, or interfering with the Platform’s operation.

• Overloading or attempting denial-of-service (DoS/DDoS) attacks.

• Using bots, spiders, or automated systems to extract or misuse data.

• Attempting unauthorized access to accounts, servers, or integrations.

Content Restrictions

• Uploading or generating content that is hateful, discriminatory, harassing, or violent.

• Creating sexually explicit content, child exploitation material, or advocating violence.

• Infringing on intellectual property rights (copyright, trademarks, trade secrets).

• Sharing personal or confidential information without permission.

Exhibit B - AI Acceptable Use Policy

OutsourceSy’s Always-On Growth Systems may include AI voice, chat, and content features. By using these features, you agree to follow these rules:

Transparency & Disclosure

• You must disclose to customers when they are interacting with an AI agent (voice or chat).

• AI responses may not be passed off as human-generated when they are not.

Prohibited AI Uses

• Using AI to generate legal, medical, financial, or tax advice without licensed professional review.

• Using AI outputs in discriminatory, harassing, defamatory, or biased ways.

• Generating or spreading misinformation, scams, disinformation, or malicious content.

• Using AI for political campaigning, lobbying, or electioneering in violation of campaign laws.

• Using AI for automated eligibility decisions (credit, housing, employment, public assistance) without proper human oversight.

• Using AI for military, surveillance, or weapons-related purposes.

Content Standards

• AI-generated content must remain professional, respectful, and lawful.

• No sexually explicit, violent, or abusive content.

• No impersonation of specific individuals without consent.

Data & Privacy

• You are responsible for securing and protecting customer data processed through AI features.

• AI tools must not be used to collect, store, or expose sensitive data (e.g., health records, financial details) without compliance with applicable privacy laws (HIPAA, GDPR, CCPA).

Exhibit C - Pricing & Rates

OutsourceSy does not post a fixed rate card because services vary based on business size, integrations, and scope of work.

Customized Pricing

• Rates are customized based on project scope, subscription plan, and required integrations.

• Carrier, communication, and third-party pass-through fees (e.g., SMS, email, phone, payment gateways) may apply.

• Applicable taxes and government assessments may be added to invoices.

Subscriptions & Projects

• Subscription-based services renew automatically unless canceled.

• Project-based services may require deposits or advance payments; these may be non-refundable once work begins.

• Requests for additional brands, sub-brands, or materially different ventures require separate agreements or subscriptions.

Refunds

• All fees are non-refundable unless otherwise required by law or explicitly stated in your agreement with OutsourceSy.

• Prepaid credits or deposits are refundable only if OutsourceSy cancels before work begins.

• Unused wallet/credit balances after 30 days of cancellation or termination are forfeited.

Exhibit D - Business Continuity & Transfer Policy

1. Ownership of System Configuration

The one-time setup fee covers the creation and configuration of your branded OutsourceSy Always-On Growth System, including AI Voice and Chat Employees, CRM, workflows, reporting, and training. This configuration is treated as part of your business operations and can be transferred in the event of a business sale or ownership change.

2. Transfer of Account

If your business is sold, merged, or otherwise transferred to a new owner or entity, OutsourceSy will reassign ownership of your system to the new authorized party. The new owner will assume all rights and responsibilities associated with the account, including ongoing subscription payments.

3. Subscription Requirement

While the configuration of your system is transferable, active hosting, AI functionality, and support require an active subscription. If the subscription is not continued, the system will be suspended until payment is resumed.

4. Requesting a Transfer

To request a transfer of account ownership:

• Submit a written request to [email protected].

• Provide legal documentation of the business sale or ownership change.

• Designate the new authorized owner with full contact details.

5. Optional Training for New Owners

OutsourceSy offers optional onboarding and training sessions for new owners or management teams to ensure a smooth transition. Additional fees may apply.

6. No Refund of Setup Fee

The setup fee is non-refundable and does not transfer as credit. It represents the completed work of building the system and remains tied to the business account, regardless of ownership changes.