Terms Of Service

PHOENIX DIGITAL AGENCY LLC

Effective Date: November 2025

Last Updated: November 2025

These Terms of Service govern your use of our website, phoenixdigitalai.com, and all AI marketing

products and services. By using our services, you agree to these Terms.

1. Company Information Phoenix Digital Agency LLC, registered in Colorado, provides AI marketing and automation

services. Website: phoenixdigitalai.com | Email: [email protected]

2. Definitions Key terms include: Client, AI Services, Platform, Deliverables, Subscription, Training Data.

3. Scope of Services: We provide AI voice agents, chatbots, marketing automation, CRM integrations, and related

support.

4. AI-Specific Services and Limitations: AI outputs may not always be accurate. Clients must monitor AI interactions for compliance and correctness.

5. Payment Terms: Services may include setup and monthly recurring fees. Payments are due monthly; late payments

may suspend service.

6. Client Responsibilities: Provide accurate data, comply with regulations, and ensure ethical AI use.

7. Intellectual Property: We retain ownership of proprietary systems. Clients receive a non-exclusive license upon full

payment.

8. Data Privacy and Security: We safeguard client data and comply with privacy regulations. Clients must secure their own

credentials.

9. Limitation of Liability: Phoenix Digital Agency’s total liability is limited to the fees paid in the 3 months preceding any

claim.

10. Termination: Either party may terminate with notice. Unpaid fees remain due. Access may be revoked after

termination.

11. Dispute Resolution (Arbitration): Disputes will be resolved by binding arbitration in Denver, Colorado.

12. Service Levels and Uptime: We target 99% uptime, but cannot guarantee uninterrupted service due to third-party providers.

13. Third-Party Integrations: We integrate with GoHighLevel, Twilio, OpenAI, etc. We’re not liable for issues caused by them.

14. Refund Policy: Setup fees are non-refundable; monthly fees are non-refundable once billed.

15. Indemnification: Clients agree to indemnify Phoenix Digital Agency from claims arising from misuse or violation of

these terms.

16. Compliance with Communication Laws: Clients must comply with TCPA, CAN-SPAM, GDPR, and obtain proper consents for automated communications.

17. Changes to These Terms: Terms may be updated periodically. Continued use implies acceptance.

18. Contact Information Questions? Email [email protected] or visit phoenixdigitalai.com.

19. SMS Use Cases:

SMS messages may include:

Appointment confirmations and reminders

Notifications regarding services, projects, or account updates

Marketing messages related to Phoenix Digital Agency services

Message frequency varies but typically does not exceed 2–4 messages per month.

20. Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying STOP, CANCEL, UNSUBSCRIBE, or END to any SMS message you receive.

After opting out, you will receive a confirmation message and will no longer receive SMS communications unless you opt in again.

For help, reply HELP or contact us directly.

21. Message & Data Rates

Message and data rates may apply depending on your mobile carrier and plan.

22. Age Restriction

SMS communications are intended for users 18 years of age or older. By opting in, you confirm that you are at least 18 years old.

23. Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. Phoenix Digital Agency is not responsible for message delays or failures caused by mobile carriers, network issues, or factors beyond our control.

24. Link to Privacy Policy: https://phoenixdigitalai.com/privacy-policy-url