TERMS OF SERVICE

Effective Date: September 9, 2026

These Terms of Service (“Terms”) govern access to and use of services provided by Arxscale LLC (“Arxscale,” “we,” “our,” or “us”). By purchasing, accessing, or using our services, the customer or business client (“Client,” “you,” or “your”) agrees to these Terms and any applicable proposal, order form, statement of work, service agreement, or addendum.

1. Services

We provide digital marketing, websites, reputation management, CRM, messaging, automation, lead response, appointment booking, AI-assisted chat/SMS/voice, AI receptionist, reporting, integrations, and related technology services. Features may be delivered through our systems or third-party platforms and may change as technology and providers evolve.

2. Eligibility and Client Responsibilities

You must be at least 18 years old and authorized to bind the business or legal entity obtaining services. You are responsible for the legality, accuracy, and completeness of the content, pricing, offers, hours, service areas, scripts, calendars, customer lists, lead data, and instructions you provide to us or connected systems, and for promptly correcting material inaccuracies.

3. Data, Consent, and Communications Compliance

Client represents and warrants that it has all rights, notices, permissions, consents, and lawful bases necessary for us to receive, import, process, call, email, text, or otherwise use data as instructed, and that any representation Client makes to us regarding consent or permission is accurate and supportable by appropriate records. Client acknowledges that possession of a telephone number in a CRM, accounting system, spreadsheet, customer database, or similar source does not by itself establish consent. Client is responsible for its campaigns and communication purposes, including review requests, lead follow-up, appointment communications, referral requests, marketing or reactivation campaigns, AI-assisted messaging, and compliance with applicable telemarketing, texting, email, privacy, do-not-call, recording/transcription, carrier, A2P/10DLC, and consumer-protection requirements. Client must promptly honor opt-outs and revocations. We may require proof of consent and may reject, pause, suppress, or terminate activity or imported lists that create legal, carrier, security, fraud, or abuse risk.

4. A2P, Telephone Numbers, and Messaging

Where we assist with A2P registration, telephone numbers, messaging registration, or carrier compliance, approval and delivery are controlled by carriers, registries, and other third parties. We do not guarantee approval, delivery, throughput, sender reputation, carrier acceptance, or continued availability. Client must provide truthful registration information and use approved messaging only for authorized purposes. A2P/10DLC registration, verification, or approval does not establish consumer consent and does not relieve Client of its obligation to obtain, document, maintain, and honor legally sufficient consent for the messages actually sent.

5. AI Voice and Automated Communications

Inbound AI receptionist services may answer customer-initiated calls, interact with callers, collect information, route inquiries, schedule appointments, send or trigger related confirmations, and provide call transcripts or summaries to the applicable Client. Where configured, callers may receive an automated disclosure regarding AI interaction and/or recording or transcription. Outbound AI-generated, artificial-voice, prerecorded, or automated calls may be offered only where Arxscale expressly enables them after appropriate compliance review and where Client has satisfied all applicable consent, disclosure, do-not-call, telemarketing, registration, and other legal requirements. Client may not use our services for unlawful robocalling, voice cloning, spoofing, deceptive impersonation, or prohibited telemarketing.

6. AI and Automation Limitations

Client acknowledges that AI and automated systems may misunderstand, omit, hallucinate, delay, misroute, or generate inaccurate information. Client is responsible for defining permitted uses, supplying accurate source information, reviewing material workflows, and establishing appropriate human escalation. We do not guarantee that an AI system will correctly answer every question, qualify every lead, book every appointment, identify every emergency, or produce error-free communications.

7. No Professional or Emergency Advice

Unless expressly agreed otherwise, our systems are not emergency dispatch services and do not provide legal, medical, financial, engineering, trade, or other licensed professional advice. Clients must not configure automated systems to make regulated professional judgments beyond lawful and appropriate use.

8. Call Recording and Transcription

If Client enables recording, transcription, voice analysis, or AI voice processing, Client is responsible for determining and implementing legally required notices and consents for the jurisdictions involved. Client authorizes us and our service providers to process recordings, transcripts, summaries, and related call data as necessary to provide the contracted services and to make such information available to Client. We may provide configuration tools, automated notices, or recommended disclosures, but Client remains responsible for confirming that its configuration and use comply with applicable law, and we do not warrant that a single disclosure satisfies every jurisdiction.

9. Accounts, Security, and Acceptable Use

Client is responsible for safeguarding credentials, limiting user access, and promptly reporting suspected compromise. Client may not use the services for unlawful, fraudulent, deceptive, harassing, infringing, abusive, malicious, spam, unlawful surveillance or recording, deceptive AI impersonation, unauthorized data collection, or conduct that violates carrier, platform, or third-party rules.

10. Third-Party Platforms

Services may depend on third-party CRM, telecommunications, email, AI, hosting, analytics, payment, calendar, social, review, advertising, and other platforms. We are not responsible for third-party outages, API changes, account suspensions, pricing or policy changes, data practices, carrier filtering, or discontinuation outside our reasonable control.

11. Fees, Billing, Cancellation, and Taxes

Fees, billing intervals, setup charges, usage charges, included limits, cancellation terms, and other commercial terms will be stated in the applicable proposal, order form, service agreement, or checkout. Unless otherwise stated there, recurring services renew automatically until canceled in accordance with the applicable agreement. Client is responsible for applicable taxes and disclosed usage-based third-party charges.

12. Suspension and Termination

We may suspend or terminate services for nonpayment, security threats, unlawful or abusive activity, material breach, false A2P information, carrier or platform risk, or conduct reasonably likely to expose us or our providers to liability. Client cancellation and post-termination obligations are governed by the applicable service agreement or order.

13. Intellectual Property and Client Data

We and our licensors retain ownership of our software, systems, workflows, templates, documentation, know-how, branding, and pre-existing materials. Client retains ownership of Client content and Client data. Client grants us a limited right to process Client content and data as needed to provide, secure, support, and improve contracted services and comply with law, subject to applicable agreements and privacy obligations.

14. Confidentiality

Each party will use reasonable care to protect nonpublic confidential information received from the other and will use it only for the business relationship, except as authorized or required by law. More detailed confidentiality obligations may be included in a separate service agreement or NDA.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ARXSCALE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACHIEVE A PARTICULAR NUMBER OF LEADS, REVIEWS, APPOINTMENTS, SALES, RANKINGS, REVENUE, OR OTHER BUSINESS RESULTS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARXSCALE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOST LEADS, BUSINESS INTERRUPTION, THIRD-PARTY PLATFORM FAILURES, CARRIER FILTERING, OR AI OR AUTOMATION ERRORS. SUBJECT TO APPLICABLE LAW AND ANY SEPARATE SIGNED AGREEMENT, ARXSCALE’S AGGREGATE LIABILITY ARISING FROM THE AFFECTED SERVICES WILL NOT EXCEED THE FEES PAID BY CLIENT TO ARXSCALE FOR THOSE SERVICES DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17. Indemnification

To the extent permitted by law, Client will defend, indemnify, and hold harmless Arxscale LLC and its owners, officers, employees, contractors, and service providers from third-party claims, demands, investigations, actions, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising from or relating to Client content, Client data, imported customer or lead lists, Client instructions, Client products or services, Client communications or campaigns, inaccurate or unsupported representations regarding consent or permission, lack or revocation of required consent, do-not-call violations, unlawful recording or telemarketing, misuse of AI or messaging systems, or Client's violation of law or these Terms, except to the extent caused by our gross negligence, willful misconduct, or obligations that cannot lawfully be shifted.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles. Before filing a lawsuit, each party will provide written notice describing the dispute and make a good-faith effort to resolve it informally for at least 30 days, except where immediate injunctive relief or another urgent remedy is reasonably necessary. Subject to any dispute provision in a signed Client agreement, disputes will be brought in a state or federal court of competent jurisdiction in Missouri, and the parties consent to personal jurisdiction there.

19. General Terms

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. Client may not assign these Terms without our consent, except as permitted in a signed agreement. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets.

20. Changes and Entire Agreement

We may modify these Terms from time to time and will provide reasonable notice of material changes when required by law or contract. These Terms, together with any signed service agreement, order form, statement of work, data-processing addendum, and incorporated policies, form the agreement governing the services. If documents conflict, the signed service agreement or order form controls unless it expressly states otherwise.

21. Contact

Arxscale LLC
312 SW Greenwich Dr. STE 184
Lee's Summit, MO 64082
Email: [email protected]
Telephone: 816-301-5379
Website: ARXSCALE.com