Terms of Service

1. Acceptance of Terms

By accessing and using Northbound Intelligence's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services. We reserve the right to modify these terms at any time. Your continued use of the services constitutes acceptance of any changes.

2. Description of Services

Northbound Intelligence provides AI-powered automation systems designed for home service businesses (HVAC, plumbing, roofing, electrical, and other trades) and related service industries. Our services include:

• Operational automation systems for lead capture and follow-up
• Integration with your existing software and business tools
• Automated communication systems including text and voice capabilities
• Custom workflow configuration and implementation
• Ongoing optimization and technical support

Our systems facilitate communications between our clients' businesses and their customers. We provide the technology platform and implementation; you control how it is used.

3. Client Responsibilities

As a client, you are responsible for:

• TCPA Compliance: Obtaining proper written consent from all consumers before automated texts or calls are sent on your behalf under the Telephone Consumer Protection Act (TCPA). You must ensure you have explicit opt-in consent for any automated or prerecorded messages.
• Data Accuracy: Providing accurate, complete, and current customer data. You are responsible for the quality and accuracy of all data you input into the system.
• Legal Compliance: Ensuring your use of our services complies with all applicable federal, state, and local laws, including but not limited to telemarketing regulations, data privacy laws, and consumer protection statutes.
• System Access: Maintaining security of your account credentials and system access. You are responsible for all activity that occurs under your account.
• Content Responsibility: All messages, scripts, and content sent through our systems are your responsibility. You warrant that all content complies with applicable law and does not infringe on third-party rights.

4. Communication Compliance

You acknowledge that our systems are used to send automated text messages and make automated calls on behalf of your business. The Telephone Consumer Protection Act (TCPA) requires express written consent from consumers before such communications can be sent.

• You must obtain and maintain documented proof of consumer consent before deploying any automated communications.
• You are responsible for maintaining and honoring all opt-out requests from consumers.
• We provide the tools to manage opt-outs; you are responsible for implementing and maintaining opt-out compliance.
• Any TCPA violations, including sending communications without proper consent or to consumers who have opted out, are your sole responsibility.
• We are not liable for your failure to obtain consent or honor opt-out requests, even if violations occur through our platform.

5. Intellectual Property

Northbound Intelligence retains all rights to our proprietary systems, software, code, workflows, and technology. You are granted a limited, non-exclusive license to use our services as outlined in your service agreement.

• You may not reverse-engineer, decompile, or attempt to extract our source code or algorithms.
• You retain all rights to your business data and customer information provided to our systems.
• We may use aggregated, anonymized data from your usage for product improvement and analytics.
• Any custom workflows or integrations built for your business remain our intellectual property, though you retain the right to use them as part of our services.

6. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these terms. We collect, store, and process data as described in the Privacy Policy. Your customer data and business information are treated as confidential and secured according to enterprise-grade security practices.

• We maintain industry-standard encryption and security measures.
• Your data is not shared with third parties except as necessary to provide the services.
• We comply with applicable data privacy regulations and regularly conduct security audits.
• You are responsible for ensuring your use of our services complies with any data privacy laws applicable to your business.

7. Service Availability and Uptime

While we work diligently to maintain system availability and reliability, we make no guarantee of 100% uptime or uninterrupted service. Internet-based systems are subject to downtime for maintenance, updates, and unforeseen technical issues.

• We will use reasonable efforts to notify you of scheduled maintenance in advance.
• We are not liable for service interruptions beyond our reasonable control.
• You should implement backup systems for critical business functions.
• Critical system issues will be prioritized, and we maintain technical support to address problems quickly.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NORTHBOUND INTELLIGENCE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim arising from your use of our services will not exceed the total fees paid by you to Northbound Intelligence in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so this limitation may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Northbound Intelligence and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services in violation of these terms or applicable law.
• Your violation of the Telephone Consumer Protection Act (TCPA), including failure to obtain consumer consent or honor opt-out requests.
• Any content, messages, or data you provide through our systems.
• Your violation of any third-party rights or applicable laws.
• Any claim by a consumer regarding communications sent through our platform on your behalf.

10. Termination

Either party may terminate the service relationship with written notice as specified in your service agreement. Upon termination:

• All access to our systems will cease.
• You are responsible for retrieving any data you need to preserve.
• We will delete your data according to our data retention policies and applicable law.
• Outstanding fees remain due and payable.
• Your obligations regarding consumer consent and compliance remain in effect.

11. Dispute Resolution

These Terms of Service and your use of Northbound Intelligence services are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Spokane County, Washington, and you consent to the jurisdiction and venue of such courts.

12. Modifications to Terms

We may update these Terms of Service from time to time. We will notify you of any material changes via email or through the services. Your continued use of the services following notification constitutes your acceptance of the modified terms.

13. Contact Information

If you have questions about these Terms of Service or our practices, please contact us at hello@northboundintel.com. We are located in Spokane, Washington and serve the Inland Northwest region including Spokane Valley, Coeur d'Alene, Post Falls, and surrounding communities.