Terms of Service

1. Agreement to These Terms

These Terms of Service constitute a legally binding agreement between you and Evolution Marketing Solutions Inc. By accessing our website, purchasing a product, submitting payment, creating an account, signing an agreement, or using our services, you acknowledge that you have read, understood, and agreed to these Terms.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not purchase or use our services.

2. Our Services

Evolution Marketing Solutions Inc. may provide services including:

• AI website chat receptionists.
• AI telephone and voice receptionists.
• Appointment scheduling and calendar integrations.
• Customer relationship management systems.
• Automated email, telephone, and text-message workflows.
• Missed-call text-back services.
• Lead qualification, routing, and follow-up.
• Website design, hosting, maintenance, and landing pages.
• Google, Facebook, Instagram, and other advertising management.
• Social-media messaging integrations.
• Business automation consulting and implementation.
• Reporting, optimization, and technical support.

The exact services included in your purchase are determined by your selected package, order form, invoice, proposal, checkout page, or separate written agreement.

Features not expressly listed in the applicable package or agreement are not included unless added in writing.

3. Client Accounts and Access

You may be required to create or provide access to accounts used to deliver the services, including CRM systems, domain registrars, websites, calendars, email platforms, advertising accounts, social networks, telephone systems, and payment platforms.

You agree to:

• Provide accurate and current account information.
• Protect passwords, login credentials, and verification codes.
• Promptly notify us of unauthorized access or suspected misuse.
• Provide all permissions reasonably required to perform the work.
• Ensure you have authority to grant access to all supplied accounts.

You remain responsible for activity performed through your accounts, except to the extent caused directly by our proven misconduct.

4. Client Responsibilities

You are responsible for providing complete, accurate, lawful, and current information needed to configure your services.

This includes, where applicable:

• Business hours, services, prices, policies, and service areas.
• Frequently asked questions and approved responses.
• Appointment availability and calendar rules.
• Telephone-transfer numbers and routing instructions.
• Brand names, logos, images, trademarks, and written content.
• Legal notices, disclaimers, and industry-required disclosures.
• Advertising offers, claims, promotions, and targeting instructions.

You must promptly notify us when your prices, hours, services, policies, staff, calendar, telephone numbers, or other business information changes.

5. Prices and Payment

You agree to pay all prices, setup fees, subscription charges, usage charges, advertising-management fees, and other amounts shown at checkout, on your invoice, in your proposal, or in your service agreement.

Unless otherwise stated, prices are in United States dollars and do not include taxes, advertising spend, third-party platform fees, domain registration, telephone usage, email usage, SMS usage, AI usage, or other pass-through expenses.

You authorize us and our payment processor to charge your selected payment method for all amounts due.

You are responsible for maintaining a valid payment method and promptly updating expired or inaccurate billing information.

6. Monthly Subscriptions and Automatic Renewal

By purchasing a recurring plan, you expressly authorize Evolution Marketing Solutions Inc. and its payment processor to charge the recurring monthly subscription price, applicable taxes, approved usage charges, and other disclosed fees.

Your billing date is generally based on the date your subscription begins unless otherwise stated on your invoice or agreement.

We may change subscription pricing by providing reasonable advance notice. Continued use after the new price takes effect constitutes acceptance of the updated price.

7. Cancellation

You may request cancellation by contacting us at:

Email: freeleadsexpert@evolutioninc.info

The cancellation request must identify the business, account holder, service, and subscription being canceled.

Unless a separate signed agreement states otherwise, cancellation takes effect at the end of the current paid billing period. Services remain available through the end of that period unless suspended for nonpayment, misuse, or security reasons.

Canceling a subscription does not automatically refund prior payments, setup fees, advertising spend, usage charges, completed work, or the current billing period.

You should retain a copy of your cancellation request and any confirmation we provide.

8. Refund Policy

Unless required by law or expressly stated in a separate written agreement:

• Setup and onboarding fees are nonrefundable once work begins.
• Completed design, development, setup, and configuration work is nonrefundable.
• Monthly subscription fees are nonrefundable after the billing period begins.
• Advertising spend paid to third-party platforms is nonrefundable through us.
• Telephone, SMS, email, AI, domain, and other usage fees are nonrefundable.
• Custom creative work and purchased third-party assets are nonrefundable.

Any approved refund is issued to the original payment method and may take several business days to appear, depending on the payment provider and financial institution.

Nothing in this section limits any non-waivable rights provided by applicable law.

9. Setup, Onboarding, and Launch

Setup services may include business research, prompt development, knowledge-base creation, CRM configuration, website integration, calendar integration, call routing, automation setup, testing, and launch support.

Estimated launch dates depend on timely receipt of all required information, approvals, account access, branding materials, content, telephone numbers, calendars, and third-party platform permissions.

Delays caused by the client, third-party providers, verification procedures, platform reviews, policy approvals, telephone registration, advertising review, or domain changes do not constitute a breach by us.

10. Advertising Services

Advertising-management fees cover our work managing, creating, monitoring, or optimizing advertising campaigns. Unless expressly stated otherwise, advertising spend is separate and is paid directly by the client to the advertising platform.

You acknowledge that:

• Advertising platforms control approvals, disapprovals, suspensions, and delivery.
• We cannot guarantee a particular number of leads, sales, appointments, or revenue.
• Campaign performance may vary by location, competition, budget, offer, season, and industry.
• Advertising platforms may change policies, pricing, targeting, and technology at any time.
• You are responsible for the legality and accuracy of your offers, claims, prices, and services.

We may pause or decline a campaign that we reasonably believe violates law, platform policy, these Terms, or ethical advertising standards.

11. Artificial Intelligence and Automated Services

Our services may use artificial intelligence, automated decision tools, language models, voice synthesis, transcription, call routing, and automated communication technology.

AI-generated responses may occasionally be incomplete, inaccurate, delayed, misunderstood, or inappropriate. AI systems are intended to assist with customer service and business communication, not replace licensed professional judgment.

The client is responsible for reviewing and approving the information used to train or configure the AI system.

AI systems must not be used to provide medical diagnoses, legal advice, financial advice, emergency services, or other regulated professional advice unless specifically configured and supervised by properly licensed professionals.

12. Telephone, SMS, and Email Communications

Certain plans may include telephone calls, automated calls, email, SMS, appointment reminders, missed-call follow-up, and lead-nurturing messages.

The client is responsible for ensuring that its collection and use of telephone numbers and email addresses complies with applicable consent, privacy, telemarketing, marketing, and communication laws.

The client must not upload or use purchased, scraped, unauthorized, or unlawfully obtained contact lists.

Message and data rates may apply to recipients. Message frequency may vary. Recipients must be provided appropriate opt-out methods, including the ability to reply STOP to text messages where applicable.

We may suspend messaging services where required by a carrier, platform, regulator, law, or anti-spam policy.

13. Call Recording and Transcription

Certain AI and telephone services may record, transcribe, summarize, or analyze calls.

The client is responsible for determining and complying with all applicable call-recording, wiretap, consent, disclosure, and retention laws in every jurisdiction where calls are placed or received.

Where required, the client must ensure that callers receive appropriate notice and provide legally sufficient consent before recording or transcription begins.

14. Third-Party Services

Our services may rely upon third-party platforms such as payment processors, CRM providers, AI providers, telephone carriers, website hosts, domain registrars, email providers, social networks, advertising platforms, calendar providers, and analytics tools.

Third-party services are governed by their own terms, policies, pricing, uptime, and technical limitations.

We are not responsible for outages, suspensions, policy changes, verification delays, account closures, data loss, platform errors, or service interruptions caused by third parties.

15. Acceptable Use

You may not use our services to:

• Violate any law, regulation, court order, or third-party right.
• Send spam, unlawful marketing, harassment, threats, or deceptive messages.
• Impersonate another person or misrepresent your identity.
• Collect information without required notice or consent.
• Distribute malware, spyware, harmful code, or fraudulent content.
• Promote illegal products, services, conduct, or discrimination.
• Attempt to bypass security, billing, usage, or access restrictions.
• Use the services in a manner likely to damage our reputation or systems.

We may suspend or terminate access where we reasonably believe a violation has occurred.

16. Intellectual Property

Evolution Marketing Solutions Inc. retains ownership of its proprietary processes, templates, prompts, workflows, automation architecture, software configurations, training materials, designs, documentation, methods, and pre-existing intellectual property.

Upon full payment, the client may use completed deliverables created specifically for the client's business, subject to these Terms and any applicable third-party licenses.

The client retains ownership of its business name, trademarks, logos, original content, customer data, and materials supplied to us.

The client grants us a limited license to use supplied materials solely as needed to perform the services.

17. Confidentiality

Each party agrees to use reasonable care to protect confidential business information received from the other party and to use that information only for purposes connected with the services.

Confidential information does not include information that is publicly available, independently developed, lawfully received from another source, or required to be disclosed by law.

18. No Guarantee of Results

We do not guarantee specific rankings, leads, customers, appointments, revenue, profits, conversion rates, advertising results, AI accuracy, or business outcomes.

Examples, projections, demonstrations, testimonials, case studies, and estimates are illustrative and do not guarantee that you will achieve similar results.

Business performance depends on many factors outside our control, including pricing, sales ability, competition, market conditions, budget, service quality, reputation, response times, and client participation.

19. Suspension and Termination

We may suspend or terminate services for:

• Nonpayment or failed payment.
• Violation of these Terms.
• Abuse, fraud, spam, or unlawful use.
• Security threats or risk to our systems.
• Third-party platform or carrier requirements.
• Failure to provide required cooperation or information.

Termination does not eliminate payment obligations that arose before termination.

The client is responsible for exporting any data it wishes to retain before service access ends, subject to applicable technical and legal limitations.

20. Disclaimer of Warranties

To the fullest extent permitted by law, our websites and services are provided on an “as is” and “as available” basis.

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, uninterrupted availability, error-free operation, and accuracy.

We do not warrant that every AI response, telephone call, message, automation, integration, advertisement, website, or third-party service will operate without error or interruption.

21. Limitation of Liability

To the fullest extent permitted by law, Evolution Marketing Solutions Inc. and its owners, employees, contractors, affiliates, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes lost profits, lost revenue, lost data, lost business opportunities, advertising losses, missed calls, missed appointments, reputational damage, customer claims, or service interruption.

To the fullest extent permitted by law, our total liability arising out of or relating to the services will not exceed the amount you paid to us for the specific service giving rise to the claim during the three months immediately preceding the event giving rise to liability.

Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.

22. Indemnification

You agree to defend, indemnify, and hold harmless Evolution Marketing Solutions Inc. and its owners, employees, contractors, affiliates, and providers from claims, losses, liabilities, penalties, damages, and expenses arising from:

• Your products, services, business practices, or customer relationships.
• Information, content, claims, offers, or instructions you provide.
• Your violation of law, regulation, platform policy, or third-party rights.
• Your use of telephone, email, SMS, advertising, or customer data.
• Your failure to obtain required consent, licenses, permissions, or disclosures.
• Your breach of these Terms.

23. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

Before filing a formal legal claim, each party agrees to make a good faith effort to resolve the dispute through written notice and informal discussion.

Unless prohibited by applicable law or modified by a separate written agreement, legal proceedings relating to these Terms must be brought in a court of competent jurisdiction located in Richmond County, Georgia.

24. Changes to These Terms

We may update these Terms to reflect changes in our services, technology, pricing, business practices, or legal obligations.

Updated Terms will be posted on this page with a revised effective date. Material changes may also be communicated by email, account notice, or another reasonable method.

Continued use of the services after updated Terms take effect constitutes acceptance of the revised Terms.

25. General Provisions

If any part of these Terms is found unenforceable, the remaining provisions will remain in effect.

Failure to enforce a provision is not a waiver of the right to enforce it later.

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, or sale of assets.

These Terms, together with any order form, proposal, invoice, checkout terms, privacy policy, or signed agreement, constitute the entire agreement concerning the applicable services.