Terms of Service

1. Acceptance of Terms

By creating an account, clicking "Sign Up" or "Get Started," or otherwise using the Services, you represent that (1) you are at least 18 years of age, (2) you have the authority to bind the entity you represent to these Terms, and (3) you agree to comply with all applicable laws and regulations. If you do not agree to these Terms, you may not use the Services.

2. Description of Services

Obsidion provides an AI-powered business growth platform that may include:

• Website Builder: AI-generated websites and hosting.
• Marketing Automation: Tools for email marketing, SMS campaigns, and lead management.
• AI Operations: Automated call handling, receptionists, and appointment booking.
• Mobile App: Custom branded mobile applications for your business.
• Invoicing: Billing and payment collection tools.

We are a technology provider, not a marketing agency or a telecommunications carrier. We provide the tools for you to manage your business.

3. Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. Obsidion is not liable for any loss or damage arising from your failure to protect your password.

4. Fees and Payment

4.1. Subscription Fees

You agree to pay the subscription fees for the plan you select (e.g., Starter, Pro). Fees are billed in advance on a monthly or annual basis.

• Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.
• Authorization: You authorize us to charge your payment method on file for all fees.

4.2. Setup Fees

One-time setup fees (e.g., for website build-out or custom app development) are billed immediately upon signup and are non-refundable once work has commenced.

4.3. Usage-Based Charges (Rebillable Costs)

Certain features of the Services incur variable costs based on usage, including but not limited to:

• Telephony: SMS/MMS segments, phone number rentals, and voice minutes.
• AI Services: AI text generation tokens or voice processing minutes.
• Email: High-volume email sending.

4.4. No Refund Policy

4.5. Chargebacks Prohibited

You agree not to initiate a chargeback or dispute with your bank for any authorized transaction. Doing so is a material breach of these Terms. If you initiate a chargeback, we reserve the right to:

1. Immediately suspend or terminate your account.
2. Dispute the chargeback with evidence of your acceptance of these Terms.
3. Recover the disputed amount plus any incurred fees or legal costs.

5. SMS and Communications (A2P 10DLC)

5.1. Consent to Receive Messages

By providing your phone number, you consent to receive account notifications, support messages, and marketing communications from Obsidion. Message frequency varies.

5.2. Sending Messages (Your Obligations)

When using our platform to send messages to your own customers:

• You must obtain express written consent (opt-in) from every recipient.
• You must comply with the TCPA, CAN-SPAM Act, and CTA guidelines.
• You must include valid opt-out instructions (e.g., "Reply STOP to unsubscribe") in your messages.

5.3. Carrier Restrictions

Carriers (e.g., AT&T, T-Mobile) may filter or block messages they deem to be spam. Obsidion is not liable for blocked messages or carrier fees.

6. Intellectual Property

6.1. Platform Ownership

Obsidion owns all rights, title, and interest in the Services, including the software, code, designs, and AI models. These Terms do not grant you any rights to our source code or branding.

6.2. User Content

You retain ownership of the content you upload (text, images, customer data) ("User Content"). However, you grant Obsidion a worldwide, royalty-free license to host, display, and process your User Content solely for the purpose of providing the Services to you.

7. Disclaimers and Limitation of Liability

8. Indemnification

You agree to indemnify and hold Obsidion harmless from any claims, damages, or expenses (including legal fees) arising from:

• Your violation of these Terms or applicable laws.
• Your User Content or marketing activities (e.g., spam complaints).
• Your use of the Services.

9. Dispute Resolution

9.1. Mandatory Arbitration

ANY DISPUTE ARISING OUT OF THESE TERMS SHALL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

9.2. Class Action Waiver

YOU AND OBSIDION WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, if you breach these Terms (including for non-payment or policy violations). Upon termination, your right to use the Services ceases immediately, and we may delete your Data.

11. Contact Us