TERMS AND CONDITIONS OF SERVICE
Effective Date: June 15, 2025
Last Updated: June 15, 2025
THIS AGREEMENT is entered into by and between 20XMEDIA, LLC, a Texas limited liability company (hereinafter referred to as the “Company”) and the party accessing or using the services provided (hereinafter referred to as the “Client”). This Terms and Conditions of Service Agreement (hereinafter referred to as the “Agreement”) sets forth the legally binding terms and conditions for the use of all products and services rendered by the Company.
1. DEFINITIONS
1.1 “Services” shall mean all products and services provided by the Company, including but not limited to website development, search engine optimization (SEO), paid advertising (PPC/SEM), social media management, content creation, digital marketing consulting, email and SMS campaigns, AI Agent setup, AI Voice Agent deployment, and any associated integrations.
1.2 “Platform” shall mean the Company’s website, proprietary systems, third-party integrated solutions, and communication tools used to provide the Services.
1.3 “A2P Messaging” shall mean Application-to-Person messaging, including SMS, MMS, or AI-generated voice messages initiated by the Company on behalf of the Client through an automated system.
1.4 “Client Content” shall mean any text, files, images, data, scripts, audio, or other materials provided by the Client for incorporation or use in the Services.
2. SCOPE AND ACCEPTANCE
2.1 By accessing or using the Services, the Client agrees to be legally bound by this Agreement.
2.2 The Client affirms that it is of legal age and has the authority to enter into this Agreement on behalf of itself or the legal entity it represents.
3. SERVICES RENDERED
3.1 The Company shall provide the Services as described in executed proposals, scopes of work, or order forms agreed upon by the Client.
3.2 The Company reserves the right to modify or discontinue Services without prior notice, provided such modification does not materially reduce the functionality of the Services purchased by the Client.
4. FEES AND PAYMENT TERMS
4.1 Fees for the Services shall be outlined in the applicable invoice or service agreement.
4.2 All payments are due as indicated in the billing statement. Late payments may incur an interest charge of 1.5% per month or the maximum rate permitted by law.
4.3 Subscription-based services, including AI agent hosting and messaging credits, shall automatically renew unless canceled by the Client with written notice at least thirty (30) days prior to the renewal date.
5. CLIENT RESPONSIBILITIES
5.1 The Client shall be solely responsible for providing accurate and lawful content, obtaining proper consents from message recipients, and ensuring compliance with all applicable laws including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, and all FCC and carrier rules regarding A2P messaging and AI-generated communication.
5.2 The Client shall not use the Services for any unlawful, abusive, or fraudulent purpose including spamming, phishing, or impersonation.
6. INTELLECTUAL PROPERTY
6.1 All intellectual property rights in the Company’s tools, methods, and original content shall remain the exclusive property of the Company.
6.2 Upon full payment, the Client shall own the final deliverables excluding third-party software, stock content, or licensed materials used therein.
6.3 The Company reserves the right to display completed work in its portfolio and marketing materials.
7. CONFIDENTIALITY AND DATA PROTECTION
7.1 Each party agrees to protect the other’s Confidential Information using reasonable care.
7.2 The Company shall implement commercially reasonable security measures to protect Client data but does not warrant complete security against all breaches.
8. COMMUNICATION CONSENT
8.1 By engaging the Company’s services, the Client consents to receive SMS, MMS, email, and voice-based communications from the Company, including those delivered through automated means, such as A2P messaging and AI Voice Agents using the Company’s number +1 (682) 345-8036.
8.2 The Client affirms that all end-user contact data submitted to the Company has been obtained lawfully and with appropriate consent.
9. TERMINATION
9.1 This Agreement may be terminated by either party upon fifteen (15) days’ written notice.
9.2 Upon termination, the Client shall pay for all Services rendered and authorized expenses incurred prior to the effective termination date.
10. LIMITATION OF LIABILITY
10.1 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
10.2 The Company’s aggregate liability under this Agreement shall not exceed the total fees paid by the Client in the twelve (12) months preceding the claim.
11. INDEMNIFICATION
11.1 The Client agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and affiliates from any claims, damages, or expenses arising out of the Client’s use of the Services, violation of applicable laws, or breach of this Agreement.
12. GOVERNING LAW AND JURISDICTION
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
12.2 Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Dallas County, Texas.
13. ENTIRE AGREEMENT
13.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements, whether written or oral, regarding the subject matter herein.