Terms of Service

01Acceptance of Terms

By accessing or using the services provided by Everlast Marketing LLC ("Company," "we," "us," or "our"), including the Breeze AI voice agent, our websites, automations, CRM systems, messaging systems, funnels, and marketing tools (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of our Services immediately.

02Nature of Services

Everlast Marketing LLC provides business automation services including, but not limited to: AI voice agents (Breeze), CRM systems, missed-call text-back systems, lead response automations, SMS messaging workflows, chatbots, funnel systems, marketing automations, and business consulting and setup services.

These tools are designed to improve communication efficiency, lead capture, and customer engagement. Everlast Marketing LLC is not a financial institution, legal advisor, or investment advisor.

03Breeze AI Voice Agent

Breeze is an AI voice agent that answers calls forwarded from your business line and collects lead information on your behalf. By enabling Breeze, you authorize Everlast Marketing LLC to:

• Receive forwarded calls placed to your business line through conditional call forwarding (typically *71) or other carrier mechanisms.
• Record and transcribe those calls for the purpose of generating call summaries and lead notifications.
• Process voice audio and transcripts through trusted AI providers, including but not limited to Anthropic's Claude and the underlying telephony platform.
• Send you SMS and email notifications containing the resulting lead information.

04SMS Messaging and Communications

By submitting your phone number through our website forms or onboarding forms, you consent to receive SMS text messages from Everlast Marketing LLC related to service setup, appointment confirmations, account notifications, system alerts, customer service responses, lead delivery from Breeze, and marketing or promotional messages where applicable.

Message frequency varies depending on service usage. Standard message and data rates may apply.

05SMS Opt-Out Instructions

You may opt out of SMS communications at any time. To stop receiving text messages, reply STOP to any message you receive. For assistance, reply HELP or contact our support team at [email protected].

06Customer Support

If you require assistance, please contact us at [email protected]. We will respond as quickly as reasonably possible during normal business hours.

07Mobile Carrier Disclaimer

Mobile carriers are not responsible for delayed or undelivered messages.

08Age Restriction

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.

09Client Responsibilities

By using our Services, you agree to:

• Provide accurate and complete information during onboarding.
• Use our Services in compliance with all applicable federal, state, and local laws, including telemarketing, recording, privacy, and consumer protection laws.
• Maintain control of your business systems and client data.
• Provide any disclosures to your callers that are required by your jurisdiction.
• Not resell, redistribute, reverse-engineer, or attempt to copy our intellectual property without written permission.

10Free Trial

Breeze is offered with a 5-day free trial. At the end of the trial period, your account will automatically convert to a paid subscription at the then-current published rate (currently $97/month) unless you cancel prior to the end of the trial. You may cancel at any time before the trial ends without being charged for the subscription.

11No Guarantees

Everlast Marketing LLC does not guarantee specific results, including but not limited to revenue, leads, conversions, or sales performance. Results depend on many factors beyond our control, including your industry, market, pricing, and the quality of your follow-up.

12Payments and Refunds

All payments are due upfront unless otherwise agreed in writing. Subscription services renew automatically each billing cycle unless canceled prior to the next renewal date. Setup fees and service fees, where applicable, are non-refundable once work has begun.

You may cancel your subscription at any time through your account or by contacting [email protected]. Cancellation will stop future billing; no partial refunds are provided for unused time in a paid billing period.

13Intellectual Property

All systems, templates, workflows, code, automations, voice agent configurations, graphics, and materials created by Everlast Marketing LLC remain the exclusive property of the Company. You receive a non-exclusive, non-transferable license to use the Services for the duration of your active subscription.

14Limitation of Liability

To the maximum extent permitted by law, Everlast Marketing LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or misuse of our Services, including but not limited to missed calls, lost leads, or business interruption. If liability is ever established, it shall not exceed the total amount paid for the Service in question during the three (3) months prior to the event giving rise to the claim.

15Indemnification

You agree to indemnify, defend, and hold harmless Everlast Marketing LLC, its officers, employees, and contractors, from any claim, loss, or expense (including reasonable attorney fees) resulting from your use or misuse of our Services, violation of applicable laws, or breach of these Terms.

16Arbitration Agreement

All disputes arising from these Terms shall be resolved exclusively through binding arbitration in the Commonwealth of Virginia. Each party shall bear its own legal costs. You waive any right to participate in a class action against the Company.

17Service Modifications

Everlast Marketing LLC reserves the right to update, modify, suspend, or discontinue any Service, in whole or in part, at any time. We will use reasonable efforts to notify active subscribers of material changes.

18Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.

19Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.