Terms of Service
Last Updated: August 24, 2026
These Terms of Service ("Terms") govern your access to and use of the services provided by Fluxently AI LLC ("Company," "we," "us," or "our"), including our websites, funnels, forms, communications, and any automation systems we build, host, or operate for you. By using our services, you agree to these Terms.
1) SERVICES
We provide automation consulting, implementation, and support, including the design, configuration, and operation of AI-powered lead follow-up and appointment-setting systems.
Specific deliverables, timelines, service levels, pricing, and any performance commitments are set out in proposals, statements of work, invoices, or order pages.
2) ORDER OF PRECEDENCE
If a signed proposal, statement of work, order page, or written agreement between you and us conflicts with these Terms, that document controls with respect to the conflicting subject matter. These Terms govern everything not addressed there.
Nothing in these Terms limits, waives, or disclaims any specific commitment, guarantee, or service level we have made to you in a signed written agreement.
3) ELIGIBILITY
You must be at least 18 years old, or the age of majority in your jurisdiction, to use our services.
4) USER RESPONSIBILITIES
You agree to:
Provide accurate information.
Use our services lawfully.
Not misuse, interfere with, or disrupt our systems.
Not attempt unauthorized access to accounts or data.
5) CLIENT COMPLIANCE OBLIGATIONS AND WARRANTIES
This section applies if we operate messaging, calling, or automation systems that contact your leads, customers, or contacts. These obligations are fundamental to our agreement and are not waivable by course of conduct.
Consent. You represent and warrant that every contact you provide to us, or that enters a system we operate for you, has given the consent required by applicable law for the communications that will be sent to them. For text messages and calls placed using automated technology, this means prior express written consent meeting the requirements of the Telephone Consumer Protection Act and its implementing regulations. You are responsible for obtaining, documenting, and retaining proof of that consent.
Consent records. You will provide records of consent to us on request, and will retain those records for as long as required by applicable law.
Suppression and opt-outs. You will not re-import, re-upload, or otherwise reintroduce any contact who has withdrawn consent, and you will not instruct us to contact any such person. Withdrawal of consent received through any channel applies to all channels.
Registration. Messaging to United States phone numbers requires brand and campaign registration under the A2P 10DLC framework. You will cooperate promptly in providing the business information required for registration, or will authorize us to register on your behalf. Registration is performed by third-party registries and carriers, involves review periods and fees outside our control, and may be delayed, denied, or revoked by those parties. We do not guarantee registration approval or any particular messaging throughput.
Content. You are responsible for the accuracy and legality of the offers, claims, and business information you provide to us for use in agent scripts, messages, and prompts.
Your industry. You are responsible for determining whether your industry, licensure status, or jurisdiction imposes obligations beyond those described here, including additional disclosure duties, recording restrictions, or messaging restrictions, and for informing us of them.
Suspension. If we learn or reasonably suspect that contacts have been provided without valid consent, or that our systems are being used in a manner that violates applicable law or carrier policy, we may suspend the affected services immediately and without refund until the issue is resolved.
6) AI-POWERED COMMUNICATIONS
Our systems use artificial intelligence to conduct telephone and text message conversations.
Disclosure. Our AI agents identify themselves as artificial intelligence. Text conversations disclose AI involvement at the outset, voice agents disclose that they are AI, and every agent will answer truthfully if asked whether it is a human or AI.
No instruction to conceal. You may not instruct us, and we will not agree, to configure an agent to deny being artificial intelligence, to claim to be a named human being who is not participating in the conversation, or to omit disclosure where disclosure is required by law. This is a non-negotiable term. Requests to remove AI disclosure are grounds for immediate suspension or termination.
Human escalation. Any person communicating with one of our agents may request a human at any time, and our systems will route or escalate that request.
Agent output. AI-generated communications are probabilistic and may occasionally produce inaccurate, incomplete, or off-script responses despite our quality controls. We monitor and tune agent behavior on an ongoing basis. You remain responsible for reviewing the offers, claims, and information you supply for use by the agents.
7) CALL RECORDING
Calls placed or received by our systems are recorded and transcribed for quality assurance, training, and record-keeping. Our agents give a recording notice at the start of each call and will proceed without recording, or end the call, if the other party declines.
Some jurisdictions, including Illinois, require the consent of all parties to record. If you direct us to operate in a jurisdiction with recording requirements different from those our systems implement by default, you must tell us in advance.
8) THIRD-PARTY PLATFORMS
Our services depend on third-party platforms, including customer relationship management software, telephony and voice providers, messaging aggregators, mobile carriers, workflow automation tools, and artificial intelligence model providers.
We do not control those platforms. Outages, rate limits, policy changes, price changes, message filtering, deprecations, and service interruptions originating with them are outside our control, and we are not liable for them. Where a third-party platform requires you to hold your own account or license, you are responsible for maintaining it and for the fees associated with it.
9) INTELLECTUAL PROPERTY
Unless otherwise stated in writing:
We retain ownership of our templates, content, frameworks, prompts, workflow architectures, and materials, including improvements and derivatives of them.
You may use deliverables provided to you for your internal business purposes.
You may not resell, sublicense, or distribute our proprietary materials without written permission.
You retain ownership of your business data, contact records, and the content you provide to us.
10) PAYMENT AND REFUNDS
If you purchase paid services:
Fees, billing terms, and refund policies are specified on the order page, invoice, or agreement.
You are responsible for any applicable taxes.
Late or failed payments may result in paused services.
Where you have authorized recurring or card-on-file billing, that authorization continues until you cancel it in accordance with the terms of the applicable agreement.
11) DISCLAIMERS
We provide services "as is" and "as available," except where a signed written agreement provides otherwise.
Other than commitments expressly stated in a signed written agreement between you and us, we do not guarantee specific financial results, revenue outcomes, or performance improvements.
Any examples, case studies, or projections are estimates and may vary based on your offer, your inputs, your sales team, market conditions, and implementation.
We do not provide legal advice. Nothing in these Terms or in our services constitutes legal advice regarding telemarketing law, consumer protection law, artificial intelligence disclosure requirements, privacy law, or your compliance obligations. You are responsible for obtaining your own legal counsel.
12) LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business opportunity.
Our total liability for any claim related to the services will not exceed the amount you paid to us for the services giving rise to the claim in the three months preceding the event.
13) INDEMNIFICATION
You will defend, indemnify, and hold harmless the Company and its officers, members, employees, and contractors from any claim, demand, penalty, fine, loss, or expense, including reasonable attorneys' fees, arising out of or relating to:
Contacts, lists, or phone numbers you provided or caused to enter our systems without the consent required by applicable law.
Offers, claims, pricing, or business information you supplied for use in our systems.
Your breach of Section 5.
Your violation of applicable law or of any carrier, registry, or platform policy.
This obligation survives termination.
14) TERMINATION
We may suspend or terminate access if you violate these Terms, breach Section 5 or Section 6, or use the services unlawfully. You may stop using our services at any time, subject to any minimum term in a signed agreement.
Obligations that by their nature should survive will survive termination, including payment obligations, intellectual property rights, indemnification, limitation of liability, and consent record retention.
15) PRIVACY
Your use of our services is also governed by our Privacy Policy: https://fluxently.com/privacy-policy
16) SMS AND MOBILE MESSAGING TERMS (A2P/10DLC)
By providing your phone number and opting in, you agree to receive SMS and text messages from Fluxently AI LLC at the number you provided. Some of those messages are sent by an artificial intelligence agent, as described in Section 6.
Program description. Messages may include appointment reminders, follow-ups related to your inquiry, service updates, and, if you opt in, promotional and marketing messages.
Message frequency. Message frequency varies based on your interaction with us.
Rates. Message and data rates may apply.
Sending hours. We do not send marketing messages before 8:00 a.m. or after 9:00 p.m. in your local time.
Opting out. You may withdraw consent at any time by any reasonable method, and no particular wording is required. Replying STOP, QUIT, END, CANCEL, REVOKE, OPT OUT, or UNSUBSCRIBE will work, and so will any other reply a reasonable person would understand as a request to stop. You may also tell any agent, human or AI, to stop contacting you, or contact us using the details in Section 19.
A withdrawal received through any channel applies to all channels, and stops calls and emails as well as text messages. We honor withdrawal requests as soon as practicable and no later than ten business days from receipt. You will receive at most one confirmation message containing no marketing content.
Help. For help, reply HELP to any message, or contact [email protected] or 224-723-8506.
Consent not required for purchase. Your consent to receive SMS is not a condition of purchase.
Carrier disclaimer. Carriers are not liable for delayed or undelivered messages.
Supported carriers. Our messaging program may not work with all carriers or devices. Delivery is subject to carrier availability and to carrier filtering, which may occur without notice to us.
17) GOVERNING LAW
These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles. The state and federal courts located in Lake County, Illinois will have exclusive jurisdiction over any dispute arising out of these Terms, and you consent to that jurisdiction and venue.
Nothing in this section limits any right you may have under the consumer protection laws of the state in which you reside, where those laws apply to you notwithstanding this choice of law.
18) CHANGES TO THESE TERMS
We may update these Terms from time to time. The "Last Updated" date will reflect the most recent version. Continued use of our services after changes means you accept the updated Terms.
19) CONTACT
Fluxently AI Solutions
22731 W Logan Terrace, Antioch, IL 60002
224-723-8506
Privacy Policy