These Terms of Service (“Terms”) govern your use of the SMS messaging service offered by EIGHT ARM AI LLC (“we,” “us,” or “our”) via our website and web-funnel, through which you provide your contact information and consent to receive text messages (the “Service”). By submitting your mobile phone number and opting-in, you agree to these Terms.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: New York, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to EIGHT ARM AUTOMATION.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of theTerms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to EIGHT ARM AUTOMATION, accessible from https://eightarmai.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
1. Eligibility & Use
1.1 You must be at least 18 years old (or of legal age in your jurisdiction) and the owner of the mobile phone number you provide.
1.2 By providing your mobile number, you represent and warrant that you have the right to receive text messages at that number, and that you agree to receive SMS messages from us as described herein.
1.3 You agree not to use the Service for any unlawful, unauthorized, or abusive purpose, including unsolicited or deceptive messaging.
2. Consent to Receive SMS Messages
2.1 By opting in via our web-form/funnel (or by texting a keyword, if applicable), you expressly consent to receive automated and/or manual text messages from us at the mobile number you provided.
2.2 You understand and agree that standard message and data rates may apply from your mobile carrier.
2.3 Message frequency may vary depending on your interactions with us. We may send messages for marketing, informational, transactional or customer-care purposes (as disclosed in our campaign registration).
2.4 The mobile number you provide may be used to contact you until you opt out.
2.5 You acknowledge that we may register our brand and campaign with TCR and comply with applicable carrier, industry and regulatory guidelines (e.g., 10DLC/A2P, Telephone Consumer Protection Act (“TCPA”) where applicable) in connection with the Service.
3. Opt-Out / Help
3.1 You may opt-out of the Service at any time by replying STOP to any of our text messages. Once you reply “STOP”, we will send a confirmation message and you will receive no further messages from us (unless you opt-in again).
3.2 For help or more information, reply HELP, or contact us at: [email protected].
3.3 After you opt-out, you may still receive a confirmation or administrative message confirming your opt-out.
3.4 Your opt-out request will be honored as soon as reasonably practicable and in accordance with carrier/registry requirements.
4. Privacy & Data Use
4.1 By providing your mobile number and other contact information, you authorize us to collect, store and use that information for the purpose of sending you SMS messages, as described in our Privacy Policy at https://form.eightarmai.privacy-policy/.
4.2 We will not share, sell or rent your mobile number and opt-in consent to third parties for unrelated marketing unless expressly disclosed in our Privacy Policy.
4.3 We take commercially reasonable steps to secure your information and comply with applicable data protection laws.
5. Message Content & Compliance
5.1 You acknowledge that our messages will comply with TCR, carrier and industry rules for A2P/10DLC messaging, including but not limited to:
Proper brand/campaign registration with TCR. Textr Team+2Partner Support Center+2
Clear opt-in consent, with message-and-data-rates disclosure and frequency disclosure. calltools.zendesk.com+1
Opt-out and help instructions included. TeleCloud+1
Prohibition on certain message content (e.g., illegal, deceptive, SHAFT–sex, hate, alcohol, firearms, tobacco) or categories flagged by carriers/TCR. TeleCloud+1
5.2 You understand and agree that carriers and the registry may filter, block or throttle messages for non-compliance, and we cannot guarantee delivery. Live Free Digital
6. Fees & Charges
6.1 There is no additional fee from us for sending the SMS messages (unless we otherwise notify you). However, your mobile carrier may charge standard message and data rates, which are your responsibility.
6.2 If you use the Service in a manner that violates these Terms or the campaign registration (e.g., sending spam, purchased lists, prohibited content), we may suspend your account or terminate the Service. You may also be responsible for any fines or penalties levied by carriers, TCR or regulatory authorities.
7. Termination & Suspension
7.1 We reserve the right to suspend or terminate your use of the Service at any time for any reason, including for non-compliance with these Terms or suspicion of fraud, abuse or violation of carrier/TCR rules.
7.2 Upon termination or opt-out, we will cease sending promotional or informational SMS messages; however we may still send you non-promotional administrative or transactional messages (unless you explicitly opt‐out of all communications).
7.3 You remain liable for any messages sent prior to termination or opt‐out.
8. Disclaimers & Limitation of Liability
8.1 To the fullest extent permitted by applicable law, we provide the Service “as is” and make no warranties of any kind, express or implied.
8.2 We shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the Service (including message delays, non‐delivery, interruption or mis-routing).
8.3 Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount paid by you (if any) in the prior 12 months, or US$100, whichever is greater.
9. Modifications to Terms
9.1 We may update these Terms at any time by posting the revised version at [URL where Terms are hosted] and by notifying users (e.g., via SMS or email). Your continued participation after the effective date of the revision constitutes your acceptance of the updated Terms.
9.2 If you do not agree to the revised Terms, you must stop participating in the Service and opt‐out.
10. Governing Law & Miscellaneous
10.1 These Terms shall be governed by and construed in accordance with the laws of Colorado USA, without regard to its conflict-of-law principles.
10.2 If any provision of these Terms is held invalid or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
10.3 These Terms, together with our Privacy Policy and any other policy or disclosure incorporated herein by reference, constitute the entire agreement between you and us regarding the Service, superseding all prior agreements, understandings or communications.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
SMS Messaging & Consent to Receive Communications
By providing your mobile phone number and opting in through our website, forms, checkout process, or any other communication channel, you expressly consent to receive SMS and MMS messages from [Your Company Name] at the phone number you provided. These messages may include transactional notifications (such as order updates, account alerts, or appointment reminders) and, if applicable, promotional content (such as offers, product updates, or event information).
Message frequency may vary. Message and data rates may apply. You understand that your consent to receive SMS messages is not a condition of any purchase.
You may opt out of receiving text messages at any time by replying STOP to any message we send, or by contacting us directly at [Your Contact Email or Support URL]. After you send the SMS message STOP to us, we will send you a confirmation message to confirm that you have been unsubscribed. Following this confirmation, you will no longer receive SMS messages from us unless you opt in again.
If you need help or support regarding our SMS communications, reply HELP or contact us at [Your Support Email or Toll-Free Number].
Carriers are not liable for delayed or undelivered messages.
By agreeing to these Terms, you represent that you are the owner or authorized user of the mobile device and number you provided, and that you have the authority to provide this consent.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms or the Service, please contact us at:
EIGHT ARM AI LLC
#1050
210 Ken Pratt Blvd Ste 140
Longmont, CO 80501
United States
[email protected]