Terms of Service (SMS & General Use)

We provide AI-driven marketing and automation services which may include: paid advertising management, campaign setup and optimization, lead management, appointment booking, CRM configuration, customer communication automation, SMS messaging, email notifications, call tracking, reporting, retargeting, and related digital marketing services (collectively, the “Services”).

The Services, features, timelines, deliverables, and scope may vary by plan, promotion, package, industry, and technical eligibility. We may update, modify, or discontinue any portion of the Services at any time.

You represent that you are at least 18 years old and have authority to bind the business entity you represent. You are responsible for maintaining accurate account details and for all activity that occurs under your account, logins, and connected ad/CRM properties.

You agree to timely complete all onboarding requirements as a condition of receiving Services.

• Complete our onboarding form(s) truthfully and in full.
• Complete technical onboarding steps requested by us (including tracking, domains, pixels, verification, CRM inputs where applicable).
• Provide proper, working access to required ad platforms (e.g., Meta, Google, etc.), business pages, and assets.
• Execute any required advertising authorization(s) permitting us to advertise on your behalf.
• Maintain required spend budgets and payment methods on third-party platforms, where applicable.
• Respond in a timely manner to requests for approvals, creatives, compliance confirmations, or access changes.

Any delay, failure, or inability to launch, optimize, or deliver results caused by incomplete onboarding, missing access, missing approvals, disconnected assets, compliance issues, platform restrictions, or delayed client communication is your responsibility and does not create any refund obligation.

By purchasing or enrolling in the Services, you authorize the Company to perform advertising and marketing activities on your behalf.

4.1 Authority to Act

You appoint the Company as your authorized marketing service provider for the limited purpose of configuring, managing, and optimizing digital marketing efforts, including paid advertising, tracking, lead capture, CRM automations, and reporting (the “Authorized Activities”). You represent that you own or control the relevant business assets and have the authority to grant access and permissions.

4.2 Access, Permissions & Admin Roles

You authorize the Company to request and/or receive the access levels reasonably required to perform the Services, which may include: Business Manager/Business Portfolio access, ad account access, Page access, pixel/dataset access, conversion API access, Google Ads access, Google Business Profile access (if applicable), Tag Manager/Analytics access (if applicable), and other platform permissions. You agree to maintain such access while Services are active.

4.3 Platform Policies & Compliance

You acknowledge that platforms such as Meta and Google maintain independent policies and may approve, reject, limit delivery, or restrict accounts. You agree to comply with all applicable platform terms and policies, and you understand we cannot control or guarantee platform decisions. If a platform requires verification, identity confirmation, domain verification, business verification, or disclaimers, you agree to cooperate promptly.

4.4 Use of Creative Assets, Brand Elements & Content

You grant the Company a limited, royalty-free, worldwide license during the term of Services to use, reproduce, modify, and display your business name, logo, trademarks, images, videos, and other content you provide solely for performing the Services (including creating ads and landing pages). You represent that you own or have rights to all materials you provide and that such use will not infringe any third-party rights.

4.5 Client Responsibility for Offers, Claims & Legality

You are solely responsible for the legality, accuracy, and substantiation of your products/services, pricing, guarantees, promotions, claims, disclaimers, and fulfillment.

You agree not to request or require the Company to publish deceptive, misleading, unlawful, or policy-violating content. If you insist on content that creates compliance risk, we may refuse, pause, or terminate Services without refund.

5.1 Free Trial

If you enroll in a free trial (e.g., a 7-day free trial), the trial provides limited-time access to certain Services. Unless otherwise stated in writing, your trial automatically converts into a paid subscription at the end of the trial period.

5.2 Minimum Commitment After Trial

If you begin a free trial, you agree that you may not cancel during the trial to avoid the first paid month. You are committing to at least the first paid monthly billing cycle immediately following the trial.

Cancellation requests submitted during the trial (or before the first paid month begins) will take effect only at the end of the first paid monthly term, unless we explicitly agree otherwise in writing.

5.3 Billing Authorization

By purchasing, subscribing, or enrolling, you authorize us (and our payment processors) to charge your selected payment method for recurring fees, one-time fees, prorations (if applicable), taxes (if applicable), and any fees due under these Terms.

5.4 Ad Spend and Third-Party Costs

Unless explicitly stated otherwise in writing, your paid advertising budget and third-party platform charges (e.g., Meta/Google spend, SMS/call usage, email sending, data/verification tools) are separate from our service fees and are your responsibility.

All sales are final. We provide digital services. No physical product will be shipped.

6.1 Promotions and Special Offers

Purchases made under any promotion, discount, special pricing, bonus, free months offer, gift card offer, or limited-time deal are non-refundable.

Because we allocate labor and resources in advance (including research, setup, creatives, automations, configurations, and account provisioning), you agree that you waive any right to refunds for promotional purchases.

6.2 Standard Plans (Non-Promotional)

For standard plans, once technical onboarding has begun or any setup/work is performed (including but not limited to account provisioning, campaign build, tracking setup, automations, CRM setup, creative work, research, integrations), no refunds will be provided.

6.3 Chargebacks Are Not a Substitute for Cancellation

You agree to contact us first to resolve billing concerns and to use cancellation procedures instead of payment disputes. Refund policies are governed exclusively by these Terms and any written addendum signed by us.

Marketing outcomes vary widely and depend on many factors outside our control (industry, offer, price, geography, competition, seasonality, client responsiveness, ad account health, platform policies, budgets, landing pages, sales processes, and more).

7.1 No Guaranteed Revenue

We do not guarantee revenue, profit, conversion rates, or business outcomes.

7.2 Minimum Lead Guarantee (If Offered)

If a minimum lead quantity is offered as part of an offer, that promise does not create a right to a refund if the minimum is not reached within a particular timeframe.

Instead, if eligible, we will continue reasonable efforts to work toward meeting the stated minimum while the account remains active, in good standing, funded, and the Client remains compliant with onboarding/access requirements and communication obligations. Any guarantee is void if Client delays onboarding, withholds access, fails to fund ad spend, violates policies, pauses campaigns, or otherwise prevents execution.

You agree not to initiate a chargeback, payment reversal, or payment dispute for any charge that is authorized under these Terms.

8.1 Required Dispute Process

Before initiating any dispute with a bank, card issuer, or payment processor, you must first notify us in writing by emailing [email protected] with the subject line “Billing Dispute” and provide a detailed explanation of the issue. You agree to allow us at least ten (10) business days to investigate and respond.

8.2 Improper Chargebacks

Initiating a chargeback or dispute in violation of these Terms — including disputes filed to avoid our no-refund policy — constitutes a material breach of this agreement.

To the maximum extent permitted by Texas law, you agree to be responsible for and reimburse the Company for:

• the full disputed amount,
• any chargeback, reversal, or dispute fees imposed on us by banks or payment processors,
• reasonable administrative costs incurred in responding to the dispute,
• collection agency fees, if applicable, and
• reasonable attorneys’ fees and court costs incurred to enforce these Terms.

8.3 Suspension for Payment Risk

We reserve the right to immediately suspend or terminate Services for disputed payments, reversed transactions, payment processor risk flags, or non-payment. Suspension or termination does not relieve you of payment obligations already incurred.

By providing your mobile phone number and explicitly opting in through our website forms (including checkbox consent), you consent to receive SMS messages from Astro AI Marketing LLC.

9.1 What Messages You Will Receive (SMS Use Cases)

Depending on what you opt in to and your relationship with us, messages may include:

• Appointment confirmations and reminders
• Service updates, onboarding notifications, and account-related messages
• Customer support and two-way conversational messages
• Occasional promotional or marketing messages about our services, special offers, and important updates (only where you have provided consent)

9.2 Message Frequency

Message Frequency: May vary.

9.3 Message & Data Rates

Message & Data Rates: Standard message and data rates may apply.

9.4 Unsubscribe / Opt-Out Instructions

Opt-Out: Reply STOP to opt out at any time. You may also reply END, CANCEL, UNSUBSCRIBE, or QUIT. After opting out, you will no longer receive SMS messages unless you opt in again.

9.5 Customer Support Contact

Support: Reply HELP for assistance or contact us at [email protected].

Mailing Address: Astro AI Marketing LLC, 2025 Hunter Road, New Braunfels, TX 78132

9.6 Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages.

9.7 Age Restriction (18+)

You must be at least 18 years old to opt in to receive SMS messages.

10.1 Personal Data We Collect

We may collect the following information when you use our website or services:

• Personal Information: name, email address, phone number
• Service Information: appointment details, form submissions, inquiries, and support messages
• Usage Data: IP address, browser/device information, and general website interaction data
• Payment Information: processed by third-party payment processors; not stored on our servers

10.2 How SMS Consent Is Obtained and Used

We obtain SMS consent through a clear opt-in process (for example, a checkbox on a web form or order form that is not pre-checked), where you affirmatively agree to receive SMS messages from Astro AI Marketing LLC.

SMS consent is used only to send messages aligned with the purposes disclosed at the time of opt-in (such as appointment reminders, service updates, and support), and any promotional messaging is sent only when you have provided consent for promotional messages.

10.3 Phone Numbers: Shared or Sold?

We do not sell, rent, trade, or share your phone number or mobile information with third parties/affiliates for marketing or promotional purposes.

We may share information with service providers strictly to operate and deliver our services (e.g., SMS delivery platforms, carriers, and related vendors). Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text messaging services necessary to deliver SMS messages.

10.4 Accessing or Deleting Your Data

You may request access to, correction of, or deletion of your personal information by contacting [email protected]. We will respond in a reasonable timeframe, subject to any legal, regulatory, or contractual retention requirements.

You agree not to use our Services for unlawful, abusive, or prohibited activities (including spam, fraud, deceptive practices, illegal marketing, or violations of carrier/platform policies).

Respectful communication is required.

We may suspend or terminate Services (without refund) if you engage in harassment, threats, discriminatory or offensive language, or repeated hostile conduct toward our staff/contractors, or if you repeatedly fail to communicate in a way that prevents us from delivering Services.

All website content, software configurations, templates, branding, and materials are owned by or licensed to the Company and may not be copied, resold, or reused without written permission. You receive a limited, non-transferable license to use deliverables solely for your internal business purposes during your active subscription, unless otherwise agreed in writing.

Our Services may integrate with third-party platforms (e.g., Meta, Google, CRM tools, SMS providers). We are not responsible for third-party outages, policy enforcement, account bans, ad disapprovals, tracking limitations, pricing changes, or platform decisions.

Services are provided on an “as-is” and “as-available” basis. We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free, or secure operation.

To the maximum extent permitted by law, the Company will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption arising from or related to the Services.

Our total liability for any claim will not exceed the total amount you paid to the Company in the one (1) month immediately preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless the Company from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your ads, offers, products/services, or business practices; (c) your violation of laws or platform policies; or (d) your content, instructions, or representations.

We may suspend or terminate access to the Services immediately for: non-payment, chargebacks, repeated onboarding delays, lack of communication, policy violations, abusive conduct, suspected fraud, or legal/compliance risk.

Suspension/termination does not create any right to a refund.

We may update these Terms at any time. Updates will be posted with a revised effective date. Continued use of the website or Services after changes become effective constitutes acceptance of the updated Terms.

These Terms of Service and any dispute arising out of or relating to the Services, billing, payments, chargebacks, or performance shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

You agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located within the State of Texas, and you hereby consent to personal jurisdiction and venue in such courts.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, billing, payments, chargebacks, or the relationship between you and the Company shall be resolved exclusively through final and binding arbitration, rather than in court.

The arbitration shall be conducted in the State of Texas by a single arbitrator under the rules of a recognized arbitration provider (such as the American Arbitration Association), and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that all claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding.

The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Astro AI Marketing LLC

Address: 2025 Hunter Road, New Braunfels, TX 78132

Website: https://www.astroaibots.com

Email: [email protected]