TERMS OF Service

Last updated: September 3rd, 2025
Company: Fluxently AI, LLC (“Fluxently,” “we,” “us,” “our”)
Contact: [email protected]

Quick Summary (not legal terms)

We build and operate AI receptionists and automation systems that help businesses answer calls, qualify leads, schedule appointments, send SMS confirmations/reminders, and track performance in a dashboard. Details follow.

1) Services

Fluxently provides done-for-you AI receptionist and automation services. Features may include:

Answering inbound calls

Lead qualification and intake

Booking, rescheduling, or canceling appointments

Sending confirmations and reminders via SMS

Providing performance and results dashboards

Service modes may include Full-Time, Missed-Call Only, and After-Hours. Features, scope, and pricing are set in your onboarding form or Scope of Work (SOW).

2) Ideal Users

Our services are designed for businesses that rely on inbound calls to generate revenue and want consistent bookings without adding administrative headcount.

3) Getting Started (Your Responsibilities)

To ensure accurate results, you agree to:

Provide and maintain correct credentials and access (phone forwarding, calendars, CRM, etc.).

Share service areas, price ranges, and call-flow preferences.

Run the AI in the agreed mode for at least 30 days so results are measurable, without disabling/overriding.

Review and confirm key inputs in the dashboard for accurate tracking.

4) Fees & Billing

Service fees are defined in your onboarding order form or SOW. Options may include one-time setup fees, monthly retainers, or performance-based structures. Unless otherwise agreed in writing, all fees are non-refundable except as stated in the Guarantee and applicable law.

5) Guarantee (If Applicable)

Some service tiers may include a performance-based guarantee, outlined in your onboarding materials. This guarantee will specify the evaluation period, performance benchmarks, refund conditions, and cooperation requirements. The detailed Guarantee Checklist (delivered at onboarding) is incorporated into these Terms by reference.

6) Acceptable Use

You agree to:

Use the services only for lawful purposes and in compliance with these Terms, our Privacy Policy, and all applicable laws (including TCPA/CTIA/A2P 10DLC).

Obtain and maintain valid SMS consent for your own customers.

Honor opt-outs and provide any required call-recording disclosures.

Not use the services for spam, harassment, deceptive practices, or prohibited categories/content.

7) Third-Party Platforms

We integrate with phone systems, SMS gateways, CRMs, calendars, and other vendors. Fluxently is not responsible for outages, rate limits, filtering, or policy changes of these platforms. You authorize us to use such vendors as needed to provide services.

8) Service Levels; Changes

We strive for reliable operation but do not guarantee uninterrupted availability. We may update features, vendors, or configurations to improve performance or security. Material changes will be posted here.

9) Term; Suspension; Termination

Either party may terminate with written notice. We may suspend or terminate immediately for non-payment, abuse, or unlawful use. Setup and service fees already performed are not refundable except as expressly stated in the Guarantee and applicable law.

10) Disclaimers; Limitation of Liability

Except as to any written Guarantee, services are provided “as is.” We do not warrant specific outcomes beyond agreed terms. To the fullest extent allowed by law, our liability for any claim in the prior 30 days is limited to the fees you paid us for that period. We disclaim liability for indirect, incidental, or consequential damages.

11) Indemnity

You agree to indemnify and hold harmless Fluxently from claims, fines, and losses arising from your misuse of the services, violation of law, or breach of these Terms.

12) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Georgia (without regard to conflicts rules). The parties will first attempt good-faith resolution. If unresolved, disputes will be brought in Georgia courts, and both parties consent to jurisdiction and venue.

13) Changes to Terms

We may update these Terms by posting a revised version with a new “Last updated” date. Continued use of services after changes constitutes acceptance.

SMS/Text Messaging Terms (A2P 10DLC)

Program Description: Appointment confirmations, reminders, or updates; optional marketing texts if consent is obtained. Message frequency varies. Msg & data rates may apply.

Opt-in:

Transactional/Service: Occurs when a customer provides a number for service updates/confirmations.

Marketing: Requires a separate, unbundled checkbox with clear language and links to Terms/Privacy.

Opt-out: Text STOP to unsubscribe. We confirm and cease messaging to that number.

Help: Text HELP for assistance.

Carriers: Not liable for delayed or undelivered messages. Delivery not guaranteed.

Age: You represent contacts are of legal age to consent.

Consent Records: You must maintain opt-in records.

Content Restrictions: No SHAFT content (sex, hate, alcohol in restricted contexts, firearms, tobacco) or other categories prohibited by carriers.