Terms of Service

These Terms of Service (“Terms” or “Agreement”) are entered into between Fentress Solutions LLC, a Texas limited liability company (“Company,” “we,” “us,” or “our”), and you (“User,” “Customer,” or “you”), the individual or entity accessing or using our Services.

By doing any of the following, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference:

• Accessing or using our website, platform, or any of our Services
• Creating an account or completing a registration form
• Subscribing to any paid or free plan
• Clicking “I Agree,” “Sign Up,” “Get Started,” or any similar affirmation
• Using our Services on behalf of a business, organization, or other legal entity

If you do not agree to these Terms, you must immediately stop using our Services and close your account.

The following defined terms apply throughout this Agreement:

Fentress Solutions LLC provides a comprehensive SaaS platform designed for small businesses, entrepreneurs, and marketing professionals. Our Services include, but are not limited to:

• CRM Software: Contact management, pipeline tracking, lead nurturing, and sales automation tools.
• AI Automations: Workflow automation, conversation AI bots, AI content generation, and voice AI agents.
• Website & Funnel Builder: Drag-and-drop tools to create websites, landing pages, and sales funnels.
• SMS Marketing Tools: A2P 10DLC-compliant text messaging campaigns, automation, and two-way SMS communication.
• Email Marketing: Campaign creation, automation workflows, and deliverability tools.
• Appointment Scheduling: Calendar management, online booking, and automated reminder systems.
• Membership & Course Portals: Digital product delivery, online course hosting, and subscription-gated content.
• Payment Processing: Invoicing, payment collection, and subscription billing integrations.
• Reputation Management: Review request automation and online reputation monitoring tools.
• Analytics & Reporting: Dashboard reporting on campaign performance, contact activity, and business metrics.
• Third-Party Integrations: Connectivity with external platforms including Stripe, Google, Meta, Zapier, and others.

We reserve the right to modify, enhance, discontinue, or add features to our Services at any time. We will provide reasonable notice of any material changes that may adversely affect your use of the Platform.

4.1 Eligibility

To create an account, you must be at least 18 years of age and legally capable of entering into binding contracts under applicable law. By registering, you represent and warrant that you meet these eligibility requirements.

4.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times. Providing false or misleading information may result in immediate account suspension or termination.

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Use a strong, unique password for your account
• Not share your login credentials with unauthorized individuals
• Notify us immediately at darius@fentresssolutions.com if you suspect any unauthorized access, use, or security breach related to your account
• Log out of your account at the end of each session, particularly on shared devices

4.4 Account Responsibility

You are responsible for all activities that occur under your account, whether authorized by you or not, until you notify us of unauthorized use. Fentress Solutions LLC is not liable for any loss or damage arising from your failure to maintain the security of your account.

4.5 One Account Per Person

Each individual may maintain only one personal account. Creating multiple accounts to circumvent subscription limits, suspensions, or other restrictions is prohibited and may result in permanent termination of all associated accounts.

5.1 Subscription Plans

Access to the Platform requires a paid Subscription unless you are using a free trial or expressly free tier (if offered). Subscription plans vary by feature set, usage limits, and billing cycle. Current pricing, plan details, and features are described on our pricing page and may be updated from time to time.

5.2 Billing Cycles

Subscriptions are billed on a recurring basis — monthly or annually — as selected at the time of purchase. Your billing cycle begins on the date your Subscription is activated.

5.3 Automatic Renewal

All Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. By subscribing, you authorize Fentress Solutions LLC to charge the applicable fees to your payment method on each renewal date without further action required from you.

5.4 Price Changes

We reserve the right to change Subscription pricing at any time. We will provide at least 30 days’ advance notice of any price increase via email to your account’s primary address. Your continued use of the Services after the effective date of a price change constitutes your agreement to pay the updated fees.

5.5 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes in connection with your Subscription. Where required by law, we may collect and remit applicable taxes.

5.6 Failed Payments

5.7 Usage-Based Fees

Certain features of the Platform — including SMS messaging, phone calls, email volume, and AI usage credits — may be subject to additional usage-based fees beyond your base Subscription. These fees will be disclosed at the point of use and billed in accordance with your plan terms.

We may, at our discretion, offer free trials or promotional pricing for new customers. The following terms apply to any free trial period:

• Free trials are available to new customers only and may not be combined with other promotions unless expressly stated.
• During a free trial, you will have access to the features designated in the trial offer.
• We may require a valid payment method at the start of a free trial. You will not be charged until the trial period ends, unless stated otherwise.
• At the conclusion of your free trial, your account will automatically convert to a paid Subscription at the applicable rate unless you cancel before the trial ends.
• We reserve the right to modify or discontinue free trial offers at any time without notice.
• Abuse of free trial offers — including creating multiple accounts to access repeated trial periods — is prohibited and may result in account termination.

7.1 Cancellation by You

You may cancel your Subscription at any time by accessing your account settings or by contacting us at darius@fentresssolutions.com. Cancellation is effective at the end of the current billing period. You will continue to have access to the Platform through the end of the period for which you have already paid.

7.2 No Refunds for Partial Periods

Subscription fees are non-refundable. If you cancel mid-period, you will not receive a prorated refund for the unused portion of your current billing cycle. You will retain access through the end of your paid period.

7.3 Annual Subscriptions

Annual Subscriptions are prepaid for the full year and are non-refundable after 14 days from the date of purchase. Within the first 14 days of an annual subscription, you may request a full refund by contacting us at darius@fentresssolutions.com. After this window, no refunds will be issued for annual plans.

7.4 Refund Eligibility

Refunds may be considered on a case-by-case basis in the following limited circumstances:

• Duplicate charges or billing errors attributable to Fentress Solutions LLC
• Substantial, documented failure of the Platform to perform core features as described, where reasonable resolution attempts have failed
• Unauthorized charges confirmed by our billing team

To request a refund consideration, email darius@fentresssolutions.com with your account details and a description of the issue. All refund decisions are at the sole discretion of Fentress Solutions LLC.

7.5 Non-Refundable Items

The following are expressly non-refundable under all circumstances:

• SMS, voice, and usage-based credits once consumed
• One-time setup fees or onboarding fees
• Digital products, courses, or membership access that has been accessed or downloaded
• Any promotional or discounted pricing

7.6 Data After Cancellation

Upon cancellation, your account will remain accessible through the end of the paid billing period. After that date, your data may be retained for up to 90 days before permanent deletion, consistent with our Privacy Policy. You are responsible for exporting any data you wish to retain before your account is closed.

You agree to use the Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. The following activities are strictly prohibited:

8.1 Prohibited Content

• Uploading, transmitting, or distributing content that is illegal, defamatory, obscene, harassing, threatening, or fraudulent
• Content that infringes on the intellectual property rights of any third party
• Spam, phishing, or deceptive communications of any kind
• Content promoting illegal activities, discrimination, or violence

8.2 Prohibited Activities

• Sending unsolicited commercial SMS or email messages (spam) to individuals who have not consented
• Using the Platform for any illegal telemarketing, robocalling, or unauthorized automated communications
• Attempting to gain unauthorized access to any portion of the Platform or to other accounts
• Reverse-engineering, decompiling, or disassembling any component of the Platform
• Using automated scripts, bots, or scrapers to extract data from the Platform without authorization
• Interfering with or disrupting the integrity or performance of the Platform or its underlying infrastructure
• Uploading malware, viruses, or any malicious code
• Reselling, sublicensing, or white-labeling access to the Platform without express written authorization from Fentress Solutions LLC
• Circumventing any technical limitations, usage caps, or access controls within the Platform
• Using the Platform in any manner that violates the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable communications law

8.3 SMS-Specific Prohibitions

When using our SMS and messaging features, you additionally agree not to:

• Send SMS messages to individuals who have not provided express written consent
• Use purchased, scraped, or rented contact lists for SMS campaigns
• Send SMS messages promoting illegal, adult, firearms, cannabis, or other carrier-restricted content categories without proper registration and carrier approvals
• Misrepresent your business identity in SMS messages
• Ignore opt-out requests (STOP replies) from message recipients

9.1 Our Intellectual Property

Fentress Solutions LLC owns or licenses all rights, title, and interest in and to the Platform, including its software, design, interfaces, databases, features, branding, trade names, trademarks, service marks, logos, and all content created by us (“Company IP”). Nothing in these Terms grants you any right, title, or license to Company IP beyond the limited right to use the Services as described in this Agreement.

9.2 License to Use the Services

Subject to your compliance with these Terms and payment of applicable fees, Fentress Solutions LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes during your Subscription term.

9.3 Your Intellectual Property

You retain full ownership of all Customer Data and User Content you create, upload, or submit to the Platform. You grant Fentress Solutions LLC a limited, non-exclusive, worldwide, royalty-free license to host, store, process, display, and transmit your User Content solely as necessary to provide the Services to you.

9.4 Feedback

If you provide suggestions, ideas, feature requests, or other feedback regarding the Platform (“Feedback”), you grant Fentress Solutions LLC a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such Feedback without restriction or compensation to you.

9.5 DMCA / Copyright Complaints

If you believe that content on our Platform infringes your copyright, please send a notice to darius@fentresssolutions.com with a description of the copyrighted work, the URL where the allegedly infringing content appears, your contact information, and a statement of good faith belief that the use is unauthorized. We will respond promptly to valid DMCA takedown requests.

10.1 Your Responsibility

You are solely responsible for all Customer Data and User Content submitted to or generated through the Platform. You represent and warrant that:

• You own or have the necessary rights and permissions to use and upload all Customer Data
• Your Customer Data does not violate any law, regulation, or third-party rights
• You have obtained all necessary consents from individuals whose personal data is included in your Customer Data, including for SMS communications, email marketing, and CRM storage

10.2 Data Processor Role

With respect to personal data you upload about your clients or contacts, Fentress Solutions LLC acts as a data processor operating under your instructions as the data controller. We process such data solely to provide the contracted Services.

10.3 No Monitoring of Content

We do not proactively review or monitor User Content. However, we reserve the right to review, remove, or disable access to any User Content that we determine, in our sole discretion, violates these Terms, our Acceptable Use Policy, or applicable law.

10.4 Data Backup

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of critical Customer Data. Fentress Solutions LLC is not liable for the loss of any Customer Data.

Our Platform incorporates artificial intelligence tools, including conversation AI bots, voice AI agents, content generation assistants, and automation AI. By using these features, you agree to the following:

11.1 AI Output Disclaimer

11.2 No Professional Advice

AI features on our Platform do not constitute legal, financial, medical, or other professional advice. Do not rely on AI outputs as a substitute for qualified professional guidance in regulated fields.

11.3 Prohibited AI Uses

You agree not to use AI features to:

• Generate misleading, deceptive, or fraudulent content
• Create content that violates applicable law, including defamation, harassment, or impersonation
• Circumvent any content policy or safety filter built into the AI systems
• Generate spam, phishing content, or unsolicited commercial messages
• Impersonate any individual, business, or public figure without authorization

11.4 AI Data Use

Interactions with AI features may be logged and used in aggregated, de-identified form to improve the accuracy and performance of AI tools, consistent with our Privacy Policy. We do not use your specific Customer Data to train general AI models shared with other customers.

11.5 Voice AI Disclosure

Where voice AI features interact with your customers on your behalf, you are responsible for ensuring compliance with all applicable laws governing automated telephone calls, voice recordings, and AI-generated communications, including but not limited to the TCPA and any applicable state disclosure requirements regarding AI-generated voices.

12.1 Your Compliance Obligations

When you use our SMS, email, or voice communication features to contact your contacts, customers, or leads, you are solely responsible for ensuring full compliance with all applicable laws, including:

• The Telephone Consumer Protection Act (TCPA)
• The CAN-SPAM Act
• A2P 10DLC registration requirements and carrier guidelines
• The FTC’s Telemarketing Sales Rule (TSR)
• All applicable state and local laws governing electronic communications

12.2 Consent Requirements

You represent and warrant that before sending any SMS or automated communications to any individual through our Platform, you have obtained all required prior express written consent from that individual, and you have documented that consent with a timestamp, source, and method of opt-in. Fentress Solutions LLC may require proof of consent records upon request.

12.3 A2P 10DLC Registration

To send Application-to-Person (A2P) SMS messages through our Platform, you may be required to complete brand and campaign registration through our carrier-compliance infrastructure. You agree to provide accurate business and use-case information during registration. Sending SMS messages without proper 10DLC registration where required is prohibited and may result in immediate carrier filtering, account suspension, and potential regulatory liability.

12.4 Platform SMS Compliance

Fentress Solutions LLC’s own communications to you (including account notifications, billing alerts, and service updates) are governed by our Privacy Policy. For information about your opt-out rights for our communications, see our Privacy Policy — Section 5.

12.5 Indemnification for Compliance Violations

You agree to indemnify and hold harmless Fentress Solutions LLC from any claims, fines, penalties, or legal action arising from your failure to comply with applicable communications laws when using our messaging features. See Section 16 for full indemnification terms.

The Platform integrates with third-party services, applications, and APIs including but not limited to Stripe, Twilio, Google, Meta, Zapier, and others. The following terms apply to your use of these integrations:

• Independent Agreements: Use of third-party integrations is subject to the terms and privacy policies of those providers. You are responsible for reviewing and complying with the applicable third-party terms before enabling any integration.
• No Responsibility for Third Parties: Fentress Solutions LLC does not control, endorse, or assume responsibility for any third-party service. We are not liable for any loss or damage arising from your use of or reliance on third-party integrations.
• Availability: Third-party integrations may be modified, suspended, or discontinued by the provider at any time without notice to us or to you. Disruption of a third-party integration does not entitle you to a refund or service credit unless the disruption is directly caused by Fentress Solutions LLC.
• Data Sharing: When you enable an integration, you authorize the sharing of relevant Customer Data with that third-party provider as necessary to operate the integration. Review the provider’s privacy policy to understand their data practices.
• Payment Processors: All payment processing is handled by third-party PCI-DSS compliant processors. Fentress Solutions LLC does not store complete card numbers. Your use of payment processing features is also subject to the payment processor’s terms of service.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FENTRESS SOLUTIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Fentress Solutions LLC does not warrant that:

• The Services will be uninterrupted, error-free, or free from viruses or other harmful components
• The results obtained from use of the Services will be accurate, reliable, or meet your specific business requirements
• Any defects in the Platform will be corrected within a specific timeframe
• AI-generated outputs will be accurate, appropriate, or suitable for any particular purpose
• Third-party integrations will function without interruption or error

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FENTRESS SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL FENTRESS SOLUTIONS LLC’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FENTRESS SOLUTIONS LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

This limitation of liability is a fundamental element of the basis of the bargain between you and Fentress Solutions LLC. Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Fentress Solutions LLC and its officers, directors, members, employees, contractors, agents, licensors, and successors (“Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable law or regulation
• Your User Content or Customer Data, including any claim that such content infringes or violates the intellectual property, privacy, or other rights of any third party
• Your SMS, email, or voice communications sent through the Platform, including any TCPA, CAN-SPAM, or A2P 10DLC violations
• Your breach of any representation or warranty made in these Terms
• Any dispute between you and any end user, customer, or contact in your CRM

We reserve the right to assume exclusive control of any matter subject to indemnification by you, at our expense, in which event you agree to cooperate with us in asserting any available defenses.

17.1 Governing Law

These Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

17.2 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at darius@fentresssolutions.com and provide a written description of the dispute. The parties agree to make a good faith effort to resolve the dispute informally for at least 30 days before pursuing arbitration or litigation.

17.3 Binding Arbitration

Except for claims that qualify for small claims court and IP-related claims, any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved exclusively by final and binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Tarrant County, Texas, or by remote hearing, and the arbitrator’s decision will be final and binding.

17.4 Class Action Waiver

YOU AND FENTRESS SOLUTIONS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION AGREEMENT SHALL BE DEEMED NULL AND VOID WITH RESPECT TO THAT CLAIM.

17.5 Venue for Non-Arbitrable Claims

For any claims not subject to arbitration, you agree that the exclusive jurisdiction and venue shall be the state or federal courts located in Tarrant County, Texas. You consent to the personal jurisdiction of such courts.

17.6 Time Limitation on Claims

Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute of limitations to the contrary. Claims filed after this period are permanently barred.

18.1 Termination by You

You may terminate your account at any time by cancelling your Subscription through your account settings or by contacting us. Termination takes effect at the end of the current billing period. See Section 7 for refund eligibility.

18.2 Termination by Us

Fentress Solutions LLC reserves the right to suspend or terminate your account, with or without notice, for any of the following reasons:

• Violation of these Terms, the Acceptable Use Policy, or any applicable law
• Non-payment of fees after the applicable grace period
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, our platform, or our reputation
• Receipt of a court order, regulatory requirement, or law enforcement request requiring termination
• Extended account inactivity (where applicable and with advance notice)

18.3 Effect of Termination

Upon termination:

• Your access to the Platform will cease immediately (or at the end of the paid period for voluntary cancellations)
• All licenses granted to you under these Terms will terminate
• You remain responsible for all fees accrued through the termination date
• Customer Data will be retained for up to 90 days before deletion, consistent with our Privacy Policy
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 9, 14, 15, 16, 17, and 18

18.4 Reinstatement

If your account was terminated for non-payment or minor violations, you may request reinstatement by contacting us at darius@fentresssolutions.com. Reinstatement is at our sole discretion and may require payment of outstanding balances and agreement to corrective conditions.

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us for specific Services, constitute the entire agreement between you and Fentress Solutions LLC regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, or understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

19.3 Waiver

Our failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of our right to enforce such provision on any other occasion.

19.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Fentress Solutions LLC may freely assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.

19.5 Force Majeure

Fentress Solutions LLC will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, government actions, internet outages, third-party service failures, or other events outside our reasonable control.

19.6 Notices

We may provide notices to you via email to your account’s primary address or via prominent notice on the Platform. You agree that electronic notices satisfy any legal requirement that such notices be in writing. Notices to us must be sent in writing to darius@fentresssolutions.com or to our mailing address in Section 21.

19.7 Relationship of the Parties

The relationship between you and Fentress Solutions LLC is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship.

19.8 Export Compliance

You represent that you are not located in a country that is subject to a U.S. government embargo or that has been designated as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Fentress Solutions LLC reserves the right to modify these Terms at any time as our business, services, and legal obligations evolve. When we make material changes, we will:

• Update the “Last Updated” date at the top of this page
• Post a notice on the Platform or send an email to your account’s primary address at least 14 days before material changes take effect
• Where required by law, seek your affirmative consent before applying certain changes

Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the revised agreement. If you do not agree to the updated Terms, you must stop using the Services and cancel your account before the effective date. Non-material changes (such as grammatical corrections, contact updates, or clarifications) may take effect immediately.

For questions, concerns, or notices regarding these Terms of Service, please contact us: