TERMS OF SERVICE

Effective Date: November 4, 2025
Last Updated: November 4, 2025
Company: Fingerprint Marketing LLC
Address: 6343 Hollywood Blvd, Sarasota, FL 34231
Phone: (941) 313-3999
Contact: [email protected]

1. INTRODUCTION

These Terms govern your access to and use of Fingerprint Marketing LLC services, including website design, SEO, digital marketing, AI calling services, chatbot services, and A2P messaging (SMS/MMS over 10DLC) (collectively, the “Services”). By using the Services you agree to these Terms.

2. SERVICES DESCRIPTION

2.1 We provide Services that may include: (a) web design and SEO; (b) AI‑powered inbound/outbound calling (“AI Calling Services”); (c) automated chatbot experiences (web, voice) (“Chatbot Services”); and (d) Application‑to‑Person messaging via 10‑digit long codes (“A2P/10DLC Services”).

2.2 AI Calling, Chatbot, and A2P/10DLC Services rely on telecommunications networks, carriers, The Campaign Registry (TCR), aggregators, and third‑party platforms. Delivery may be throttled, filtered, blocked, or delayed by carriers or regulators.

2.3 We may modify, suspend, or discontinue all or part of any Service with notice.

3. CUSTOMER OBLIGATIONS

3.1 Lawful Use. You will use the Services in compliance with all applicable laws and carrier/industry rules, including the TCPA, Do‑Not‑Call rules, state telemarketing laws, CAN‑SPAM (for email), CTIA Messaging Principles and Best Practices, carrier Codes of Conduct, and any successor rules.

3.2 Consent. Before placing automated calls, recording calls, initiating chats, or sending A2P messages, you will obtain prior express consent or prior express written consent where required. Consent capture must be clear, conspicuous, unbundled, and documented. You will maintain verifiable consent records and make them available upon our reasonable request.

3.3 Opt‑Outs. You will honor consumer opt‑outs immediately. For messaging, standard keywords such as STOP, CANCEL, UNSUBSCRIBE, END, QUIT must cease further messaging to that number except for a single confirmation message. You will maintain and regularly sync suppression lists across all channels.

3.4 Required Disclosures in Messaging. All consumer‑facing messaging flows and at least one sample message per campaign must include: (a) brand identification; (b) message purpose; (c) HELP instructions; (d) STOP instructions; (e) a link to your Terms and Privacy Policy; and (f) message frequency and “Msg&Data rates may apply.”

3.5 Content Restrictions. You will not use the Services for SHAFT content (sex, hate, alcohol to minors, firearms, tobacco/vape), illegal substances, deception, phishing, or other prohibited categories. Age‑gated content must have compliant gating.

3.6 Campaign Registration. For 10DLC you must complete Brand and Campaign registration with accurate legal entity information, EIN, website, sample messages, call‑to‑action URLs, and opt‑in flow screenshots. You must update registration upon material changes. Unregistered or non‑compliant traffic may be blocked or fined.

3.7 Accuracy of Inputs. You are responsible for all content, data, scripts, recordings, prompts, and message templates you supply.

3.8 Recording & Monitoring. If call recording/monitoring is enabled, you are responsible for displaying call‑recording disclosures and obtaining required two‑party or one‑party consent as applicable.

4. FEES AND PAYMENT

4.1 Fees are specified in your order form or invoice. Usage‑based charges apply for call minutes, carrier surcharges, vetting, registration, and message segments.

4.2 Overages for AI Calling and A2P/10DLC usage are billed at the then‑current rates. Non‑payment may result in suspension.

5. INTELLECTUAL PROPERTY

5.1 Upon full payment you receive a limited, non‑exclusive, non‑transferable license to use deliverables for your internal business purposes.

5.2 We retain all rights to our pre‑existing and underlying IP, software, models, prompts, templates, and platforms.

5.3 You warrant that your supplied content does not infringe third‑party rights.

6. DATA, PRIVACY, AND SECURITY

6.1 We process personal data in accordance with our Privacy Policy.

6.2 Interaction Data. AI Calling, Chatbot, and A2P/10DLC Services may collect and process call recordings, transcripts, chatbot logs, SMS/MMS content, delivery receipts, carrier error codes, opt‑in/opt‑out timestamps, and related metadata. We may use Interaction Data to deliver the Services, detect abuse, ensure compliance, and improve performance.

6.3 Customer Duties. You will provide all required privacy notices and obtain all necessary consents from end users for our processing and for sharing with carriers, TCR, and vendors.

6.4 Security. We use reasonable administrative, technical, and organizational measures. No system is perfectly secure.

7. SERVICE MANAGEMENT AND ENFORCEMENT

7.1 We may filter or block traffic deemed spam, unlawful, misleading, or non‑compliant, and may require you to modify campaigns or content.

7.2 If a carrier or regulator assesses fines or surcharges due to your content, flows, or non‑compliance, you are responsible for those amounts and will indemnify us.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, special, punitive, or exemplary damages. Our aggregate liability arising from the Services will not exceed the fees you paid in the 12 months preceding the claim.

9. WARRANTIES AND DISCLAIMERS

We will perform professionally. Except as expressly stated, the Services are provided “as is” without warranties of merchantability, fitness, non‑infringement, or uninterrupted/ error‑free operation.

10. INDEMNIFICATION

You will defend, indemnify, and hold harmless Fingerprint Marketing LLC from claims, fines, losses, and costs arising from: (a) your content or data; (b) your use of the Services; (c) your legal or carrier non‑compliance; or (d) your violation of these Terms.

11. TERM AND TERMINATION

Either party may terminate as set out in the governing order form or MSA. Sections 5–10 and 12 survive termination.

12. GENERAL

12.1 Governing Law. State of Washington, without regard to conflicts rules.
12.2 Assignment. You may not assign without our written consent; we may assign to an affiliate or successor.
12.3 Severability; Waiver. If any provision is invalid, the remainder remains effective. No waiver is ongoing unless in writing.
12.4 Notices. Notices to: Fingerprint Marketing LLC, 6343 Hollywood Blvd, Sarasota, FL 34231; (941) 313‑3999; [email protected].
12.5 Updates. We may modify these Terms by posting updates on our website. Continued use constitutes acceptance.

APPENDIX A – A2P/10DLC COMPLIANCE REQUIREMENTS (SUMMARY)

• Opt‑In: Explicit, documented, unbundled consent required. Display brand, purpose, frequency, “Msg&Data rates may apply,” Terms/Privacy links. Collect consent via web form with unchecked checkbox and capture timestamp, IP, user agent, and consent text.

• Messaging Controls: Include STOP and HELP instructions in welcome and periodic messages. Send a one‑time confirmation on opt‑out. Suppress immediately.

• Registration: Maintain current Brand and Campaign registrations with TCR; submit sample messages, CTA URLs, and opt‑in screenshots. Update upon material change.

• Content: Prohibit SHAFT and other forbidden categories. No affiliate lead‑gen pass‑through without direct consent to the named brand.

• Recordkeeping: Retain consent logs and opt‑out records for at least 24 months or longer if required by law or carrier.

• Throughput & Volume: Adhere to carrier‑assigned throughput and daily caps; avoid snowshoeing or number cycling.

• Monitoring: Respond promptly to carrier notices, error codes, and audits; remediate campaigns when requested.