Introduction
Welcome to ColeLabCo, LLC (“Company,” “we,” “our,” or “us”). By purchasing, accessing, or using our white-labeled software and services (the “Services”), you (“Client,” “you,” or “your”) agree to these Terms & Conditions (“Agreement”). This Agreement governs your use of the Services provided through our platform, powered by third-party technology partners.
SMS/Mobile Messaging Terms & Conditions
1. Description of SMS Use Cases By opting into our messaging program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders, service updates, and special offers) from ColeLabCo, LLC at the cell phone number provided when signing up. Consent is not a condition of any purchase.
2. Opt-out Instructions You can cancel the SMS service at any time. Just text "STOP" to our number. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time.
3. Customer Support Contact If you are experiencing issues with the messaging program you can reply with the keyword "HELP" for more assistance, or you can get help directly at [email protected]
4. Message and Data Rate Disclosure Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies.
5. Carrier Liability Disclaimer Carriers are not liable for delayed or undelivered messages.
6. Age Restriction By signing up for text messaging, you acknowledge that you are at least 18 years of age.
7. Link to Privacy Policy For more information on how we handle your data, please review our [Link to Privacy Policy].
8. Services Provided
The Services may include but are not limited to:
Website builder and hosting
AI-powered messaging and call answering
CRM and lead management tools
Calendar scheduling and automation
Marketing, reporting, and analytics features
We reserve the right to update, modify, or discontinue any Service feature at any time, with or without notice, provided such change does not materially harm your use of the platform.
9. Client Responsibilities
You are responsible for maintaining the confidentiality of your account credentials.
You must ensure that your use of the Services complies with all applicable laws and regulations.
You may not use the Services for unlawful, harmful, or abusive purposes, including but not limited to spamming, fraudulent activity, or harassment.
10. Payment & Billing
Fees are billed on a [monthly/annual] subscription basis.
All payments are due upfront and are non-refundable).
Failure to pay may result in suspension or termination of Services.
11. Term & Termination
This Agreement begins on the date you first subscribe and continues until terminated.
You may terminate at any time by providing [30 days’ written notice].
We may suspend or terminate your account immediately if you violate this Agreement or applicable laws.
12. Intellectual Property
All rights, title, and interest in and to the Services, including software, branding, and content, remain the exclusive property of ColeLabCo, LLC and its licensors.
You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes.
13. Third-Party Services
Some features of the Services may rely on third-party platforms (e.g., AI tools, hosting, telecom providers). We are not responsible for the availability, functionality, or security of third-party services.
14. Limitation of Liability
To the fullest extent permitted by law:
Our total liability under this Agreement will not exceed the amount you paid to us in the three (3) months preceding the claim.
We are not liable for indirect, incidental, or consequential damages, including lost profits, lost data, or service interruptions.
14. Disclaimer of Warranties
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, and uninterrupted availability.
15. Indemnification
You agree to indemnify and hold harmless ColeLabCo, LLC, its affiliates, and licensors from any claims, damages, liabilities, and expenses arising from your misuse of the Services or violation of this Agreement.
17. Privacy & Data Protection
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect data. You must ensure your own customers’ data is handled lawfully.
18. Governing Law & Dispute Resolution
This Agreement is governed by the laws of Texas.
Any disputes shall be resolved through binding arbitration in Dallas, TX, except where prohibited by law.
19. Amendments
We may update these Terms & Conditions from time to time. Updates will be effective upon posting, and continued use of the Services constitutes acceptance.
20. Entire Agreement
This Agreement constitutes the entire understanding between you and ColeLabCo, LLC regarding the Services and supersedes all prior agreements.