AI Texting and Messaging Services Subscription Agreement

This Subscription Agreement ("Agreement") is entered into as of the date of electronic acceptance ("Effective Date") between OptiReachMedia.ai ("Provider", "we", "us") with principal place of business at 65 Washington St PMB 191, Santa Clara, CA 95050, and the subscriber identified in the signup form ("Customer", "you").

1. Services Provider supplies AI-powered texting services for handling inbound customer inquiries, lead qualification, and basic scheduling via text ("Services").

2. Subscription Term, Pricing, and Renewal Initial term: monthly from Effective Date. Pricing: Basic Texting $197/month (up to 500 minutes per month included - additional minutes will be billed monthly at standard rate of$0.24 per additional minute). Auto-renews monthly unless cancelled via cancellation page with 30 days' notice. Fees non-refundable except as provided. Sales tax added where required by law.

3. Payment Customer authorizes recurring Stripe charges. Late payments accrue 1.5% interest/month.

4. Customer Responsibilities & Representations Customer is solely responsible for legal compliance (TCPA, CAN-SPAM, etc.). Services shall not be used for emergency services or any life-safety, property-dependent, or time-critical communications. Customer acknowledges AI systems are not infallible and may err or hallucinate. By submitting this form, Customer represents and warrants that they are 18+ years old and have full legal authority to bind their company/organization to this Agreement. Provider is not responsible for unauthorized submissions.

5. Service Limitations, Errors, and Credits We target 95%+ uptime but do not guarantee it. Outages may occur during updates (off-peak and short duration where possible), third-party failures, or catastrophic infrastructure/communication events (e.g., carrier outages, force majeure). We are not liable for errors, hallucinations, inaccuracies, or such events. Confirmed significant outages may receive credits or refunds at our discretion. Requests: [email protected].

6. Express Consent and Opt-In Records Customer consents to AI-generated texts related to Services. Provider maintains opt-in records (timestamps, phone numbers, consents) and provides copies upon reasonable request.

7. Termination & Suspension Either party may terminate for breach (10 days' notice if uncured). Provider may terminate or suspend Customer's access at any time, with or without cause, upon written (electronic or paper) notice.

8. Amendments Provider may amend this Agreement at any time by posting updated terms at optireachmedia.ai/terms (or other dedicated page). Continued use after posting constitutes acceptance. Customers are encouraged to review terms periodically and may print/save a PDF copy.

9. Limitation of Liability & Warranty Disclaimer Services "as-is" without warranties. Liability capped at 12 months' fees paid (or duration of subscription, whichever is shorter). No indirect/consequential damages. Customer indemnifies Provider against claims from misuse or unauthorized binding.

10. Data Privacy & IP Handled per Privacy Policy (link). Customer grants license to data for Services. Provider owns all IP.

11. Governing Law & Disputes California law. Binding arbitration in Santa Clara County (no class actions). Force majeure excuses non-performance.

12. Miscellaneous Entire agreement; amendments in writing. Severable. Provider may assign; Customer may not without consent. Electronic acceptance (checkbox + typed name) binds as a signature.

By checking the box below, typing in your full name, and submitting, you agree to this Agreement.

You are agreeing to AI Receptionist messaging services sent to your phone and email. You understand that you may unsubscribe from MESSAGING at any time by replying STOP but that does not cancel your SERVICE. You will still be charged for the service and any additional backend fees outstanding until cancelled on our service cancellation page.

Typing Your Full Name and Business Information constitutes electronic signature.

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