Terms of Service

Last Updated: October 30, 2025

These Terms of Service ("Terms") are a legal agreement between you ("you," "user," "client," or "customer") and Trinity Strategy & Marketing ("Trinity Strategy & Marketing," "we," "our," or "us"). By accessing, installing, embedding, or using any AI assistant, chat widget, dashboard, alerting system, or related service we provide (collectively, the "Service"), you agree to these Terms.

If you are entering into these Terms on behalf of a company or other legal entity (for example, you are the owner or employee of a plumbing or HVAC company), you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not use the Service.

1. Description of the Service

We provide a branded AI assistant and lead capture system that can answer common questions, collect customer information, qualify urgent requests (including potential emergencies), and alert designated on-call personnel. We also provide configuration, onboarding, customization, training, and ongoing support.

We may white label (rebrand) certain technology and infrastructure so that it appears under your company's name and branding. You understand and agree that portions of the Service may be powered by underlying third-party platforms and AI models.

2. Client Responsibilities

If you are a business using our Service:

• You are responsible for the accuracy of any business information, pricing, service area, disclaimers, policies, and instructions you provide to us.
• You are responsible for monitoring and responding to leads, alerts, and emergency notifications sent to you by the Service. We do not guarantee response on your behalf.
• You agree not to use the Service in any way that is false, misleading, discriminatory, harassing, illegal, or that violates applicable law or regulation.
• You are responsible for complying with all applicable laws in your jurisdiction, including but not limited to marketing, data privacy, call recording, emergency response, licensing, and consumer protection.

3. No Emergency Response Guarantee

The Service may attempt to identify urgent or emergency-sounding messages and forward them to your designated contact(s). The Service is NOT a 911 service, emergency responder, or licensed dispatcher.

We do not guarantee:

• That we will correctly identify every urgent or emergency request,
• That any notice will be delivered successfully to you or your staff, or
• That you or your staff will respond in time.

By using the Service, you agree that Trinity Strategy & Marketing is not responsible for missed alerts, delayed responses, lost jobs, property damage, personal injury, or other consequences related to emergency or urgent requests.

4. Acceptable Use

You agree not to:

• Copy, reverse engineer, resell, or sublicense the underlying platform or models except as explicitly permitted in writing under a reseller/agency agreement with us.
• Use the Service to collect sensitive personal data (for example: medical records, financial account numbers, Social Security numbers) unless we have agreed in writing to support that data type.
• Use the Service to send spam, threats, or fraudulent claims.

We may suspend or terminate access if we believe you are violating these Terms or creating risk for us or for others.

5. Intellectual Property

All trademarks, logos, branding, content, workflows, prompts, configurations, conversation flows, and interface customizations created by Trinity Strategy & Marketing remain our intellectual property unless otherwise agreed in writing.

We grant you a limited, revocable, non-transferable license to use the branded version of the Service for your internal business purposes, subject to these Terms and timely payment.

You agree not to claim that you built or own the underlying software infrastructure unless you have a specific written white-label or reseller agreement from us that grants those marketing rights. Public marketing claims are your responsibility.

6. Payment and Billing

For paid plans, you agree to pay the fees quoted to you (for example: setup fees, monthly recurring fees, usage-based fees). Unless otherwise stated in writing:

• Setup fees are due at onboarding and are non-refundable once configuration work begins.
• Monthly or subscription fees are billed in advance and are non-refundable for partial months.
• Late or failed payments may result in suspension or termination of the Service.

We may update pricing at any time with notice. Continued use of the Service after new pricing takes effect means you accept the new pricing.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETE.

WE DO NOT GUARANTEE THAT THE AI ASSISTANT WILL ALWAYS PROVIDE ACCURATE, CURRENT, OR LEGALLY COMPLIANT INFORMATION TO END USERS. YOU ARE RESPONSIBLE FOR REVIEWING RESPONSES, CUSTOMIZING APPROVED MESSAGING, AND MONITORING CUSTOMER INTERACTIONS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• TRINITY STRATEGY & MARKETING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED SUCH DAMAGES MIGHT OCCUR.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Trinity Strategy & Marketing and our owners, employees, contractors, partners, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected to:

• Your use of the Service,
• Your business operations, promises, guarantees, pricing, or marketing,
• Your handling of customer data and emergency/urgent requests, and
• Your violation of these Terms or applicable law.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, created legal exposure, or failed to pay required fees.

You may cancel the Service by notifying us in writing. Cancellation does not relieve you of previously accrued payment obligations.

Upon termination or cancellation:

• Your access to dashboards, chat logs, and automations may be disabled.
• We may, but are not required to, provide you with a copy of recent chat transcripts or lead data, subject to applicable law and any privacy/confidentiality obligations.

11. Privacy

Our handling of personal information is described in our Privacy Policy. By using the Service, you agree to that Policy.

If you are a business using our Service with your customers, you are responsible for honoring any data/privacy rights your customers have under law (for example, requests to access or delete personal data).

12. Changes to These Terms

We may update these Terms from time to time. We will revise the "Last Updated" date when changes are made. By continuing to use the Service after changes become effective, you accept the updated Terms.

13. Contact

For questions about these Terms, billing, or account status, contact:

Trinity Strategy & Marketing
Email: support@nightshiftdispatch.com