Terms of Service

These Terms of Service ("Terms") govern your use of starkmetrix.co (the "Site"), our demo line, and the services provided by Stark Metrix LLC ("Stark Metrix," "we," "us," or "our"). By using the Site, calling our demo line, or using our services, you agree to these Terms. If you do not agree, please do not use them.

1. Who we are

Stark Metrix LLC is a Florida limited liability company located at 160 W. Camino Real, Unit #543, Boca Raton, FL 33432.

2. Our services

We set up and run the following systems for local service businesses (each a "client"):

• Review Engine: automated text messages asking the client's customers to leave a Google review after a visit or job.
• Speed to Lead: instant replies by text and email to new leads from the client's website forms, ads, and other sources.
• Database Reactivation: email and text campaigns to the client's past customers.
• AI Receptionist: an AI voice agent that answers the client's calls, answers common questions, books appointments, and can transfer calls to the client.

Together these are the "Services." The scope, setup, fees, and term of any engagement are set out in a separate proposal, order form, or written agreement (your "Agreement"). If your Agreement conflicts with these Terms, your Agreement controls.

3. Free calls and the demo line

Booking a free call with us does not create any obligation. Our demo line lets you experience the AI Receptionist and is for evaluation only. Demo calls are recorded and transcribed. If you choose to receive the demo text messages, our SMS Terms & Conditions apply.

4. Eligibility

You must be at least 18 years old and able to agree to these Terms for yourself or for the business you represent.

5. Your responsibilities as a client

You agree to:

• Give us accurate information about your business, such as services, hours, service area, and booking rules, and keep it up to date.
• Review and approve message templates, campaign content, and AI Receptionist scripts before they go live.
• Obtain and keep every consent the law requires before we contact your customers, leads, or callers on your behalf, including prior express written consent where required for marketing text messages, and give your customers any privacy notice the law requires.
• Only provide contact lists that you collected lawfully, and tell us promptly about anyone who asks not to be contacted.
• Follow all laws and rules that apply to calls, texts, emails, and recordings, including the Telephone Consumer Protection Act, the CAN-SPAM Act, call recording laws, state telemarketing and privacy laws, and mobile carrier and CTIA requirements.
• Follow the review policies of Google and any other review site. Review Engine asks every customer the same way and must not be used to filter out unhappy customers or to offer anything in exchange for reviews.

You are responsible for the content you approve and for the consent behind every contact we make for you.

6. How the AI Receptionist works

The AI Receptionist is automated and can make mistakes, such as misunderstanding a caller or giving incomplete information. You are responsible for reviewing call summaries and bookings. If a caller asks, the AI Receptionist tells them it is an AI. It is not an emergency service. For safety issues such as a gas smell or a carbon monoxide alarm, it tells callers to leave and call 911.

7. Fees and payment

Fees are set out in your Agreement. Unless your Agreement says otherwise, recurring Services are billed monthly, setup fees are due before work begins, and fees already paid are not refundable.

8. Cancellation

You may cancel recurring Services as described in your Agreement. We may suspend or end the Services if you do not pay, break these Terms, or use the Services in a way that could harm others or put us at legal risk.

9. Third party services

The Services rely on third party providers, such as text messaging, phone, AI, email, scheduling, and hosting providers, and on software you ask us to connect, such as your calendar or booking system. Your use of those products may be subject to their own terms. We are not responsible for outages or changes in third party services.

10. Ownership

You own your business data and your customers' information. Once you have paid in full, you own the content we write specifically for your business, such as message templates and AI Receptionist scripts. We own our underlying systems, tools, methods, and know how, and you may use them only as part of the Services.

11. Disclaimers

The Site and Services are provided "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non infringement. We do not guarantee any particular result, such as a number of calls answered, leads converted, reviews received, or jobs booked, or that the Services will be uninterrupted or error free.

12. Limitation of liability

To the extent the law allows, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim relating to the Services will not exceed the fees you paid us for the Services in the three months before the event that gave rise to the claim.

13. Indemnification

You agree to defend and indemnify Stark Metrix and its members, employees, and agents against claims, damages, and costs, including reasonable attorneys' fees, arising from your contact lists or consent records, content you approved, your violation of these Terms, or your violation of any law, including claims about calls, texts, or emails sent to your customers through the Services.

14. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Any dispute relating to these Terms or the Services will be heard only in the state or federal courts located in Florida.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. Continuing to use the Site or Services after an update means you accept the updated Terms.

16. Contact us

Stark Metrix LLC
160 W. Camino Real, Unit #543, Boca Raton, FL 33432
sadiesanterelli@starkmetrix.co