Terms of Service

Please read these terms carefully before using our services

Effective Date: January 1, 2025
Last Updated: February 5, 2025

These Terms of Service ("Terms," "Agreement") govern your access to and use of any product, platform, or service offered by Altcutman LLC, System Pros, and AI & Automation Agency LLC (collectively, "Altcutman," "Company," "we," "our," or "us").

By accessing or using any of our services (the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Acceptance of Terms

Your use of the Services constitutes a binding agreement to these Terms and to our Privacy Policy. These Terms apply to all users, including clients, customers, subscribers, and website visitors.

2. Description of Services

Altcutman provides AI automation tools, CRM systems, SMS/MMS messaging, email marketing, appointment reminders, websites, chatbots, and related technology solutions (the "Services").

Services may include third-party platforms (e.g., Twilio, Go High Level, cloud hosts) over which we have no operational control.

3. No Guarantee of Results

You acknowledge and agree that:

• No Outcome Warranty: We do not guarantee any specific results, revenue, lead generation, customer conversions, business growth, uptime, or other measurable outcome.
• Use at Your Own Risk: You assume all responsibility for decisions made based on the Services.

4. Technology & Performance Disclaimers

To the fullest extent permitted by law, Altcutman is not liable for any damages, losses, or interruptions caused by, arising from, or related to:

• System Downtime or Outages – including maintenance, server failures, or unexpected interruptions.
• Communication Failures – including SMS/email filtering, blocking, blacklisting, carrier errors, or message delays.
• Third-Party Dependencies – including but not limited to Twilio, hosting providers, APIs, or internet service providers.
• Cybersecurity Incidents – including hacking, denial-of-service attacks, malware, or unauthorized access to data.
• Data Loss or Corruption – including accidental deletion, transmission errors, or software bugs.
• Force Majeure – including natural disasters, power outages, strikes, or governmental actions.

All Services are provided "AS IS" and "AS AVAILABLE," without warranty of any kind.

5. User Responsibilities

You agree to:

• Maintain your own backup copies of any critical data.
• Comply with all applicable laws, including spam regulations (TCPA, CAN-SPAM, GDPR, CASL, etc.).
• Provide accurate information and obtain all necessary consents from your contacts before sending messages.

6. Fees & Payments

• All setup fees, subscriptions, and usage charges are billed as stated in your order or service agreement.
• All fees are non-refundable, even if you experience downtime, message blocking, or poor results.
• Pricing may be updated with at least 30 days' notice.

7. Limitation of Liability

To the maximum extent permitted by law, Altcutman, its owners, officers, employees, contractors, and affiliates shall not be liable for:

• Any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost data, lost goodwill, or business interruption;
• Any claim exceeding the total amount paid by you to Altcutman in the three (3) months immediately preceding the event giving rise to the claim, if any.

This limitation applies even if Altcutman has been advised of the possibility of such damages.

8. Indemnification

You agree to defend, indemnify, and hold harmless Altcutman, its affiliates, and their respective officers, employees, and agents from and against any claims, losses, damages, liabilities, costs, or expenses (including attorneys' fees) arising out of:

• Your use or misuse of the Services,
• Your breach of these Terms,
• Your violation of any law or the rights of a third party.

9. Privacy & Data Protection

Please review our Privacy Policy for information on how we collect and protect personal data. While we implement commercially reasonable security measures, no system is completely secure, and we cannot guarantee absolute protection against unauthorized access or breaches.

10. Modifications

We may update these Terms or any aspect of the Services at our sole discretion. Changes become effective immediately upon posting on our website or notifying you. Your continued use of the Services constitutes acceptance of the revised Terms.

11. Governing Law & Dispute Resolution

• These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules.
• You agree to attempt informal resolution by emailing alt@altcutman.com before filing any claim.
• Except where prohibited by law, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association, on an individual basis only (no class actions).

12. International Use

• If you access the Services from outside the United States, you are solely responsible for compliance with local laws.
• Data may be transferred to and processed in jurisdictions that may not provide the same level of data protection as your home country.

13. Entire Agreement

These Terms, along with our Privacy Policy and any separate written service agreement, constitute the entire agreement between you and Altcutman, superseding all prior understandings.

14. Contact Information

For questions, support, or legal notices: