Terms of Services

TERMS OF SERVICE

Effective Date: 2/12/2026
Last Updated: 2/12/2026
Company Name: Kyle Colvis, doing business as Trade Ops Automation (“Company,” “we,” “us,” or “our”).

Governing State: FL

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” “your”) and [Your Company Name, LLC] (“Company,” “we,” “us,” or “our”).

By accessing or using our automation platform, AI communication systems, CRM integrations, or related services (collectively, the “Services”), you agree to be bound by these Terms.

If you do not agree, you must not use the Services.

If you are entering into this agreement on behalf of a business entity, you represent that you have authority to bind that entity.

2. DESCRIPTION OF SERVICES

We provide backend automation systems designed for home-service businesses, including but not limited to:

Lead follow-up automation

Voice AI inbound and outbound call systems

Chat AI messaging systems

SMS and email automation

Appointment booking automation

Estimate reminders

Invoice reminders

Payment follow-up communications

CRM and third-party integrations

Workflow automation systems

We are a technology provider. We are not a marketing agency, law firm, or financial advisor.

3. NO GUARANTEE OF RESULTS

Client acknowledges:

We do not guarantee revenue increases.

We do not guarantee booked appointments.

We do not guarantee response rates.

We do not guarantee profitability.

We do not guarantee regulatory compliance on your behalf.

Business outcomes depend on multiple factors outside our control.

4. CLIENT RESPONSIBILITIES

You are solely responsible for:

Ensuring compliance with TCPA, CAN-SPAM, GDPR, CCPA, and state telemarketing laws.

Obtaining lawful consent before contacting customers.

Maintaining accurate contact lists.

Honoring opt-outs and do-not-contact requests.

Monitoring AI communications.

Maintaining proper business licensing and insurance.

You acknowledge that you—not the Company—are the “sender” of communications transmitted through the Services.

5. AI SYSTEM DISCLOSURE & RISK ACKNOWLEDGMENT

Our Services utilize artificial intelligence technologies.

You acknowledge:

AI outputs are probabilistic and may contain inaccuracies.

AI may misinterpret customer responses.

AI may generate unintended communications.

Human oversight is recommended.

You assume all risks associated with AI-driven communication.

We are not liable for errors, miscommunications, reputational harm, or financial losses arising from AI-generated content.

6. PAYMENT TERMS

Fees are defined in your Order Form or Service Agreement.

Payments are due in advance unless otherwise agreed.

All fees are non-refundable unless explicitly stated in writing.

Setup fees are non-refundable.

Partial months are not prorated.

Chargebacks constitute material breach.

Late payments may incur interest at the maximum rate permitted by law.

We reserve the right to suspend Services for non-payment.

7. TERM & TERMINATION

Unless otherwise specified in writing:

Services are month-to-month.

Either party may terminate with written notice.

We may terminate immediately for:

Non-payment

Legal violations

Fraudulent or abusive conduct

Excessive compliance risk

Upon termination:

Access may be revoked immediately.

Systems may be disabled.

Outstanding balances remain due.

8. ACCEPTABLE USE

You may not use the Services to:

Send unlawful or unsolicited spam

Harass, threaten, or impersonate others

Violate telemarketing laws

Operate illegal businesses

Engage in fraud

Circumvent carrier restrictions

We may suspend accounts without notice for violations.

9. THIRD-PARTY SERVICES

Our Services rely on third-party providers including:

SMS carriers

Telecommunication providers

AI model providers

Hosting providers

Payment processors

CRM platforms

We are not responsible for outages, restrictions, pricing changes, or policy changes imposed by third parties.

10. DATA & CONFIDENTIALITY

Ownership

Client retains ownership of customer data.

License

Client grants Company a limited license to process data solely to provide Services.

Confidential Information

Both parties agree to maintain confidentiality of proprietary information including systems, pricing, workflows, and trade secrets.

11. DATA PROCESSING COMPLIANCE

If Client processes personal data subject to GDPR, CCPA, or similar laws:

Company acts solely as a data processor.

Company processes data only under Client instruction.

Client remains responsible for lawful collection and consent.

Client is responsible for responding to data subject requests.

12. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Company and its owners, officers, employees, contractors, and affiliates from:

Regulatory fines

TCPA claims

Class actions

Customer lawsuits

Data protection claims

Telemarketing violations

AI-related disputes

This indemnification survives termination.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

We are not liable for lost profits.

We are not liable for business interruption.

We are not liable for regulatory penalties.

We are not liable for reputational damage.

We are not liable for indirect or consequential damages.

Total liability is capped at the amount paid by Client in the 30 days preceding the claim.

14. FORCE MAJEURE

We are not liable for failure or delay due to:

Carrier blocking

Government regulations

Natural disasters

Cybersecurity incidents

AI provider outages

Internet failures

15. INTELLECTUAL PROPERTY

All software, workflows, AI prompts, automations, scripts, and systems remain exclusive property of Company.

Client receives a limited, revocable license during active subscription.

No resale, reverse engineering, or replication permitted.

16. NON-DISPARAGEMENT

Client agrees not to make false or defamatory statements about Company.

Disputes must first be addressed privately with a 30-day cure period.

17. DISPUTE RESOLUTION & ARBITRATION

All disputes must:

Attempt informal resolution for 30 days.

Proceed to binding arbitration in [Your State].

Be resolved individually (no class actions).

Each party bears its own legal fees unless otherwise determined by arbitrator.

18. SURVIVAL

The following sections survive termination:

Payment obligations

Indemnification

Limitation of liability

Arbitration

Confidentiality

Intellectual property

19. MODIFICATIONS

We may modify these Terms at any time. Continued use constitutes acceptance.