Terms of Service

1. The Service

The Service helps businesses capture, organize, and follow up with sales leads, including CRM, quoting, booking, reporting, and tools that prepare suggested messages for a user to review and send themselves. Features may change over time.

2. Eligibility and accounts

You must be able to form a binding contract to use the Service and must provide accurate account information. You are responsible for activity under your account and for keeping your credentials secure. Notify us promptly of any unauthorized use.

3. Customer data and responsibilities

You retain ownership of the data you put into the Service (“Customer Data”). You grant us a limited license to process it solely to provide and secure the Service. You represent that you have the right and any necessary consent to collect and process the Lead information you upload, and that your use complies with applicable law, including marketing, telemarketing, anti-spam, and privacy laws (for example the TCPA and CAN-SPAM) and any Do-Not-Call obligations.

4. Messaging and outreach

The Service may generate suggested emails or texts. You are responsible for reviewing and sending them and for the content of anything you send. The Service sends messages or answers calls without your review only when you turn on an automated feature. Anything an automated feature sends or says is sent on your behalf, and you are responsible for it. Nothing in the Service is legal or compliance advice.

5. Acceptable use

You agree not to:

• Use the Service unlawfully or to send unlawful, harassing, or deceptive messages.
• Upload data you lack the right to use, or infringe others’ rights.
• Attempt to breach security, access another workspace’s data, or disrupt the Service.
• Reverse engineer, resell, or misuse the Service except as permitted.

6. Third-party integrations

The Service can connect to third-party services (for example Google, Meta, email, and telephony providers). Your use of those services is governed by their own terms, and we are not responsible for them. You authorize us to access and process data from a service you connect in order to provide the Service.

7. AI phone receptionist (Puff Voice)

Puff Voice is an optional add-on that answers calls to your phone number with an automated assistant. It runs on the telephony account that you connect, and you remain the customer of that telephony provider.

• Before you turn on Puff Voice, you must accept every agreement that your telephony provider requires for AI voice features. For Twilio this includes the Predictive and Generative AI/ML Features Addendum.
• If you turn on Puff Voice without accepting those agreements, you accept sole responsibility for any failed or unanswered call, any fee or penalty from your provider, and any claim that results.
• You are responsible for telling callers that they are speaking with an automated assistant where the law requires it, and for any consent that the law requires for automated calls, transcripts, or text messages. If you turn off the built-in disclosure, that responsibility is yours alone.
• Puff Voice answers from the information that you provide. You are responsible for keeping that information accurate. Puff Voice can make mistakes, and it is not a substitute for emergency services.
• Charges from your telephony provider for calls and messages are yours to pay and are separate from our fees.

8. Text message program

Ascended Digitals and the businesses that use the Service send text messages to people who agreed to receive them, for example by ticking the consent box on a booking form or by agreeing during a phone call.

• The messages are appointment confirmations, appointment reminders, and replies or follow-ups about a request that you made.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to any text to opt out. You then receive one message that confirms the opt-out, and no more texts from that number. Reply START to opt in again.
• Reply HELP for help, or contact us at hello@ascendeddigitals.com or +1 713 410 1374.
• Consent to receive texts is not a condition of any purchase or booking.
• Mobile carriers are not liable for delayed or undelivered messages.
• Our Privacy Policy explains how we handle phone numbers and text message consent. We do not share them with third parties for marketing.

9. Fees

Paid plans and add-ons are billed as described at purchase or in a separate order. Unless stated otherwise, fees are non-refundable and exclusive of taxes. We may change pricing prospectively with notice.

10. Intellectual property

We and our licensors own the Service and all related software, content, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service; no other rights are granted.

11. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind to the fullest extent permitted by law. Estimates, scores, projected values, and analytics are informational only and are not guarantees of results, revenue, or outcomes.

12. Limitation of liability

To the fullest extent permitted by law, Ascended Digitals will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the claim.

13. Indemnification

You will indemnify and hold Ascended Digitals harmless from claims arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or to protect the Service. On termination, your right to use the Service ends; we will make Customer Data available for a reasonable period on request, after which it may be deleted.

15. Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws rules. The courts located there will have exclusive jurisdiction, except where applicable law provides otherwise.

16. Changes to these Terms

We may update these Terms from time to time. Material changes take effect when we post the updated Terms and update the “Last updated” date. Continued use after changes means you accept them.

17. Contact

Eytan Shabtay, a sole proprietor operating as Ascended Digitals
hello@ascendeddigitals.com
+1 713 410 1374