Terms of Service

1. Acceptance of Terms

By subscribing to or using any of our Services, you acknowledge that you have read, understood and agree to be bound by these Terms, as well as our Privacy Policy. We may update these Terms from time to time, and any changes will be effective upon posting on our website or notifying you via email. Your continued use of the Services after such updates constitutes acceptance of the revised Terms.

2. Age Restriction

The Services are intended for adults who are 18 years of age or older. By using the Services and by opting in to receive calls or text messages from us, you confirm that you are at least 18 years old. We do not knowingly provide Services to or collect information from anyone under 18.

3. Description of Services

Clear Choice System offers a range of digital services, including but not limited to website design and hosting, artificial intelligence tools (for example Content AI, Conversation and Voice AI, Reviews AI and Funnel AI), lead generation (Lead Connector), communication services (calls and text messages) and related support, including search engine optimization (SEO) and business listing management (for example Google Business Profile, Apple Maps Business, Yelp and other citations or listings). Detailed descriptions of these Services are available on our website.

4. Website Services and Fees

4.1 Website Service Fee

All subscriptions that include website services are subject to a $49 service fee, which is charged to the customer as part of the subscription cost. This fee covers the maintenance, hosting and management of the website provided by Clear Choice System.

4.2 Cancellation of Website Services

If a customer wishes to cancel their subscription that includes website services, they must pay a $49 fee to keep the website live and accessible outside of the Clear Choice System subscription. This fee ensures continued hosting and basic functionality of the website after cancellation.

4.3 Transfer of Website Domain

Customers may transfer the website domain outside of Clear Choice System for a one-time fee of $100, charged to the customer. However, the website's graphics, design and build-out (including all proprietary elements and code) are owned exclusively by Clear Choice System and cannot be transferred or provided to the customer. Only the domain name itself may be transferred, subject to the $100 fee.

4.4 Ownership of Website Content and Build-Out

All websites are built using Clear Choice System's proprietary tools, templates and resources. As such, Clear Choice System retains full ownership of the website's graphics, design, structure and underlying code. Customers are granted a non-exclusive, non-transferable license to use the website during the term of their subscription, but no ownership rights are transferred upon cancellation or termination of services.

4.5 SEO Optimization and Business Listings

Clear Choice System may perform SEO optimization and manage business listings on behalf of customers, including but not limited to Google Business Profile, Apple Maps Business, Yelp and other citations or listings. Clear Choice System reserves the right to undo, modify or remove any SEO optimizations, updates or changes made to these listings or citations at our sole discretion. This includes reverting or removing any modifications to customer accounts on these platforms, whether during the subscription term or upon cancellation or termination of services.

4.6 Post-Subscription Responsibility

Clear Choice System is not responsible for any issues, errors, downtime or performance problems related to online listings (including but not limited to Google Business Profile, Apple Maps Business, Yelp and other citations) or websites after a customer's subscription has ended. This includes any consequences arising from the cancellation, termination or non-renewal of services, and customers assume full responsibility for managing and maintaining their listings and websites after the subscription ends.

4.7 Service Pricing

The following rates, charged to the customer, apply to various services provided by Clear Choice System and may be applicable in conjunction with website services:

• Making calls: $0.042 per minute
• Receiving calls: $0.025 per minute
• Text messages: $0.0237 per segment
• Lead Connector emails: $0.02 per email
• Content AI: $0.0945 per 1,000 words and $0.063 per image
• Conversation and Voice AI: $0.08 per message and $0.52 per minute of voice call
• Reviews AI: $0.24 per review response
• Funnel AI: $1.98 per funnel AI

These fees and policies are subject to change at Clear Choice System's discretion, and customers will be notified of any updates in accordance with these Terms.

4.8 Call Recording Costs

Call recording related costs are not included in the pricing displayed on the Clear Choice System website or in standard subscription fees. If call recording features are enabled or used, the following usage-based fees apply:

• Recording fee: $0.0025 per minute
• Storage fee: $0.0005 per minute, per month
• Transcription (optional): $0.024 per minute

For example, 100 minutes of recorded calls stored for one month costs approximately $0.30 for recording (100 x $0.0025) plus $0.05 for storage (100 x $0.0005). These charges are usage-based, billed to the customer and subject to change.

5. SMS, Automated Communications & Voice AI

5.1 Agreement to Receive Communications

By subscribing to or using our Services, you expressly agree to receive text messages (SMS/MMS) and phone calls from Clear Choice System and the clients on whose behalf we provide services. This includes communications sent to the phone number(s) you provide during registration or at any time during your use of our Services.

5.2 SMS Program Description & Use Cases

You acknowledge and agree that the text messages and phone calls you receive may be automated or pre-recorded, generated or delivered using artificial intelligence (AI) technology including Voice AI, or made using an automatic telephone dialing system (ATDS) or other automated technology. These communications may be sent for purposes including but not limited to:

• Account notifications
• Service updates
• Customer support
• Appointment reminders and confirmations
• Lead engagement and follow-up

5.3 Marketing Communications

You consent to receive marketing and promotional communications from Clear Choice System and the clients on whose behalf we provide services, including but not limited to:

• Special offers and promotions
• Product and service announcements
• Industry news and updates
• Educational content and resources

Your consent to receive marketing communications is not a condition of purchasing any goods or services from Clear Choice System, except where specifically required for the functionality of Voice AI and automated communication features.

5.4 Opt-Out Instructions (STOP, HELP, START)

You can manage your text messages at any time using these keywords:

You may also request removal during any phone call with our representatives or AI system, contact us at [email protected] or follow any unsubscribe instructions in our communications. Opting out of marketing communications may not prevent you from receiving transactional or account-related messages necessary for the Services you have subscribed to.

5.5 Message and Data Rates & Carrier Disclaimer

Message and data rates may apply. Standard message and data rates may be charged by your mobile carrier for messages you send or receive, and you are responsible for any such charges. Message frequency varies based on your activity and the Services you use.

5.6 Accuracy of Contact Information

You represent and warrant that any phone number you provide to us is your own or that you have authorization to provide that number for the purpose of receiving communications from us. You agree to promptly update your contact information if it changes.

6. Account Registration and Use

To access certain Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

7. Payment Terms

All fees are due as specified in your subscription plan or service agreement. Payments are processed through our designated payment platforms, and you authorize us to charge the applicable fees to your chosen payment method. Late payments may result in suspension or termination of Services.

7.1 Credit Card Processing Fees

Effective with the start of your next billing cycle following February 20, 2025, Clear Choice System will charge a credit card processing fee of 2.9% on all transactions processed via credit or debit cards, including digital wallets such as Apple Pay and Google Pay. This fee covers the cost of payment processing and will be added to the total amount charged to the customer for each transaction, unless otherwise specified in your subscription agreement. Customers will be notified of this change prior to their next billing cycle.

8. Cancellation and Termination

8.1 Cancellation Policy

You may cancel your subscription at any time by following the cancellation process outlined on our website or by contacting our support team. However, cancellations must be requested within the billing cycle and at least 24 hours before the last day of your current service period. Failure to cancel within these timeframes will result in charges for the full billing cycle, and no refunds will be issued for any portion of the billing cycle already billed or remaining.

8.2 Refund Policy

Clear Choice System does not offer refunds under any circumstances, including but not limited to cancellations, service interruptions or dissatisfaction with the Services. All charges, including recharges or additional fees such as website service fees, domain transfer fees and credit card processing fees, are subject to this no-refund policy.

8.3 Termination by Clear Choice System

We reserve the right to terminate or suspend your access to the Services for non-payment, violation of these Terms or any other reason deemed necessary by Clear Choice System. Upon termination, you may still be liable for any outstanding fees, including those outlined in Section 4.2, and we may exercise our rights under Section 4.5 to undo any SEO optimizations or business listings. Per Section 4.6, Clear Choice System will not be responsible for any issues related to online listings or websites after termination.

9. Intellectual Property

All content, trademarks, logos and proprietary materials provided through the Services are the property of Clear Choice System or its licensors. You may not use, reproduce or distribute any of our intellectual property without our prior written consent, except as expressly permitted under these Terms.

10. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect and process personal information in accordance with applicable privacy laws and our Privacy Policy. You can read our full Privacy Policy at the following address:

https://clearchoicesystem.ai/privacy-policy

11. Limitation of Liability

To the fullest extent permitted by law, Clear Choice System shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the Services. Our total liability for any claim shall not exceed the amount you paid us for the Services in the 12 months preceding the claim.

11.1 AI Agent Liability and Client Responsibility

Clear Choice System provides artificial intelligence agents and related AI tools as part of our Services. You acknowledge and agree to the following with respect to AI agents:

• Content and statements generated by AI agents: Clear Choice System shall not be liable for any statements, responses, recommendations or content generated or delivered by AI agents on your behalf or on behalf of your clients. You assume full responsibility for monitoring, reviewing and validating all outputs produced by AI agents before they are sent to or received by end users.
• Training and data source responsibility: You are solely responsible for training, configuring and ensuring the accuracy of all information provided to AI agents, including context, knowledge bases, business information, policies and responses. All information and context used by AI agents is sourced from materials you provide, your website, industry standard policies or publicly available information. You warrant that all such information is accurate, compliant with applicable law and authorized for use by you.
• Proof of training: You are responsible for maintaining documentation and proof of what data, instructions and context were used to train or configure each AI agent. Clear Choice System is not responsible for verifying the accuracy, legality or appropriateness of any training data or instructions you provide.
• Liability for collections and legal issues: Any issues arising from AI agent interactions, including disputes, collections matters, complaints, regulatory inquiries or legal claims related to statements made by AI agents, are solely your responsibility. You agree to indemnify Clear Choice System from any liability, costs or damages arising from claims related to AI agent statements or actions, except where Clear Choice System is proven to have intentionally introduced false or harmful information into the AI agent's training data or configuration.
• No guarantee of accuracy: Clear Choice System does not guarantee that AI agents will produce accurate, complete or legally compliant information. You are responsible for reviewing all AI agent outputs and making independent determinations about appropriateness and accuracy before deployment or use.

12. Indemnification

You agree to indemnify, defend and hold harmless Clear Choice System, its affiliates and their respective officers, directors, employees and agents from any claims, damages or liabilities arising out of your use of the Services or violation of these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of laws principles. Any disputes arising from these Terms shall be resolved through binding arbitration in Riverside County, California or in the appropriate courts located in Riverside County, California.

14. Miscellaneous

Entire agreement: These Terms constitute the entire agreement between you and Clear Choice System regarding the Services and supersede any prior agreements.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15. Contact & Support

For questions or concerns about these Terms, or for help with our SMS program, please contact our Customer Support Team: