Terms and Conditions

BY LOGGING IN AND/OR ACCESSING BREEZE AO THROUGH BREEZEAO.COM, APP.BREEZEAO.COM, THE MOBILE APP, or ANY OTHER SITE IN WHICH BREEZE AO IS HOSTED, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND COMPLETELY UNDERSTAND ALL OF THE FOLLOWING:

1) Overview:

These terms of service (“Terms of Service”) are entered into between you and Breeze AO, Inc OR Breeze AO, LLC. (“Breeze AO,” “we,” or “us”). The Terms of Service govern your access to and use of the Breeze AO website at www.breezeao.com, including any content, functionality, communication channels, software, and Services offered on or through it (the “Platform”).

By using the Platform, you agree to be bound and abide by these Terms of Service. Breeze AO may terminate your ability to use the Platform without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Platform. You must be at least 18 years old to use the Platform.

Breeze AO reserves the right to make changes to the Platform and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms of Service means that you accept and agree to the changes.

All Information Breeze AO collects on the Platform is subject to our Privacy Notice posted on the Platform and on the website at www.breezeao.com. By using the Platform, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Service. To the extent there is a conflict, these Terms of Service supersede the Privacy Notice. You agree that you will not upload any confidential or personal information onto the Platform except for personal information specifically requested by Breeze AO pursuant to the Privacy Notice.

All Platform Content (as defined below) is current as of the date it is posted on the Platform to the best of Breeze AO’s knowledge.

As used in these Terms of Service, references to the “Breeze AO Team” include Breeze AO, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all parties involved in creating, producing, and/or delivering the Platform.

2) Services:

Breeze AO provides a multitude of product integrations and services (the “Services”) on the Platform, which you may subscribe to through the Platform. All references to the Platform include the Services. All Services are subject to these Terms of Service as well as the additional provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict between the additional terms linked below and these Terms of Service.

Right to Modify the Services: We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.

No Contingency on Further Releases and Improvements: You understand that your purchase of Services on or through the Platform is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term, or any third party services.

As-Is: The Platform is provided on an as-is basis as further described in Section 21, except as expressly provided otherwise in this Agreement.

Features. Features and terms used in connection with the Platform and Services such as “power dialer” may have some resemblance to those provided by others, but our Platform features and terms are specific to the Platform.

Additional Terms. Additional terms may apply to specific services and programs offered by Breeze AO on the Platform. To the extent there is a conflict, these Terms of Service will take precedence.

3) Intellectual Property:

The Platform and its entire content, data, features, Services, and functionality (including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform) (“Platform Content”) are the property of Breeze AO or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below.

The Breeze AO name and related logos are trademarks and service marks (“Marks”) of Breeze AO. Breeze AO Marks may not be used without advance written permission of Breeze AO, including in connection with any product or service that is not provided by Breeze AO, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Breeze AO. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.

A third party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third party website do not constitute or imply any approval, sponsorship, or endorsement of Breeze AO.

If you believe that any content on the Platform violates your intellectual property rights, please notify Breeze AO as described in Sections 18 and 31.

4) Limited License And Prohibited Uses:

Breeze AO grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. Except to make the Services available to you and your end users, as expressly permitted under these Terms of Service, any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Breeze AO is strictly prohibited. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform Content.

You, your employees, and your end user clients (“Clients”) may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, and your Clients will not:

-Use the Platform or any Services in any way that violates any applicable law or regulation.

-Use the Platform or any Services for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.

-Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

-Impersonate or attempt to impersonate Breeze AO, a Breeze AO employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

-Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or any Services, or which, as determined by Breeze AO, may harm Breeze AO or users of the Platform or expose them to liability.

-Use the Platform or any Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

-Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

-Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Breeze AO’s prior written consent.

-Use any device, software or routine that interferes with the proper working of the Platform or any Services.

-Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform, or any Services.

-Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

-Otherwise attempt to interfere with the proper working of the Platform or any Services.

5) Customer/End User Conduct:

In connection with your use of the Platform or Services, you agree that:

-You, your employees, agents, and Clients will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms of Service.

-You are fully responsible for your actions and the actions of your employees, agents, and Clients with respect to use of the Platform.

-You are fully responsible for the use of the Services by your Clients. Breeze AO’s agreement is with you, not your Clients.

-You, your employees, agents and Clients will not misrepresent the Services.

-You will provide these Terms of Service to your employees, agents, and Clients and confirm that all employees, agents, and Clients understand that they are subject to these Terms of Service if they use or offer the Services.

-You own or control all rights in and to all content you provide to Breeze AO.

-You will be solely responsible for all of your use of the Platform, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services under these Terms of Service and each Service that you make available to your Clients.

-You have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your Client’s data to us for use and disclosure in accordance with these Terms of Service and our Privacy Notice.

-You, your employees, and your Clients will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.

6) Your Use Of Communications Features of the Services:

Breeze AO utilizes third-party providers to be the provider of Services for your use, which may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods.

You agree that:

-You are exclusively responsible for all communications sent using the Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply with those laws.

-You understand that your use of the Services may violate applicable laws if you do not comply with them.

-Breeze AO is not responsible for your compliance with laws and does not represent that your use of the Services will comply with any laws.

-You should consult a lawyer for legal advice to ensure your communications comply with applicable law.Breeze AO is a technology platform communication service application provider only.

-Breeze AO does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method; YOU, not Breeze AO, are the maker or initiator of any communications.

-You control the message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and sends messages only as arranged and proscribed by you. All communications, whether, without limitation, SMS, MMS or email, are created by and initiated by you and/or your Clients, whether generated by you or sent automatically via the Services at your direction.

-Any customer data provided to Breeze AO or its affiliates through any means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes data from individuals who have explicitly opted into your communications program and have explicitly agreed to receive your communications (whether by SMS, MMS, email, voice communication or other method) in accordance with applicable law, including without limitation the TCPA.

-YOU understand that BREEZE AO is NOT linked or tied in any way, shape, or form to the National Do Not Call List or ANY other Do Not Call List whatsoever. You understand that it is YOUR responsibility to only contact people you have opt-ins from or have permission to contact. You agree to hold BREEZE AO and its owners, affiliates, and other marketing partners harmless for any violations that YOU may incur for ANY reason.

7) Payment:

Any customer data provided to Breeze AO through any means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes data from individuals who have explicitly opted into your communications program and have explicitly agreed to receive your communications (whether by SMS, MMS, email, voice communication or other method) in accordance with applicable law, including without limitation the TCPA.

Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.

If you are passing the obligation to pay Platform-related Fees to your Clients, you are solely responsible for all related transactions, including but not limited to refunds and chargebacks of such Fees that are passed on. Breeze AO is not responsible for resolving issues related to costs passed on to your Clients. Any fees passed on to Clients or other third parties must be amounts charged by Breeze AO, without increase or markup.

Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with the Services you order and any transactions you conduct with your Clients. Breeze AO may collect Taxes from you as part of the Fees as it deems appropriate, and all Breeze AO determinations regarding what Taxes to collect are final. Breeze AO may recalculate and collect additional Taxes from you if it determines at any point that they are due. You agree to indemnify Breeze AO for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes, like all Fees, are nonrefundable.

Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Breeze AO determinations regarding your obligation to pay invoiced charges are final. No Refunds or pro-rated amounts!

8) Excessive Data Usage:

Your excessive data use may cause the Service to be slow or unavailable. We have no liability for the effect that your excessive data use may have on Service performance. We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are able to use, with or without advance notice, if we determine in our sole discretion that your data use is excessive, abusive or has a negative effect on the Services in any way.

We provide the Service on a tiered-pricing basis, and some tiers can process more data with less impact on Service performance. Contact us if you would like more information about pricing for data usage that may be more appropriate for your needs.

9) Training:

Breeze AO may offer training to you related to how to use the Services. All training and associated information conveyed as part of it (“Training”) is as-is, with no warranty, as explained further in Section 21 (Disclaimer). You know your own situation and your Clients, and you alone are responsible for how and whether you adopt any strategies learned through Training. Breeze AO makes no guarantees that Training will produce any particular outcome, and Training may in rare cases be counterproductive depending on your situation.

10) Data Stored on Our Affiliate’s Servers:

Data inside the web-based platform is stored on an affiliate’s servers and by accepting this agreement, you are acknowledging this fact.

Subject to our Privacy Notice, you also agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription Fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.

11) Account Registration:

To access portions of the Platform or to register for or use the Services, you will be asked to provide registration details or other Information. It is a condition of your use of the Platform that all Information you provide is complete, current, and accurate. All Information you provide to register with the Platform, complete a transaction through the Platform, or otherwise is governed by our Privacy Notice, and you consent to all actions Breeze AO takes with respect to your Information consistent with our Privacy Notice.

12) Use and Protection of Login Credentials:

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Breeze AO immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Breeze AO reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Breeze AO’s opinion, you have violated any provision of these Terms of Service. User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Platform with his or her password.

13) User Contributions:

To ask questions about this Privacy Notice and our privacy practices, contact us at info@breezeao.com.

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EFFECTIVE DATE: October 7, 2022

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, the Breeze AO Team, and our service providers, and each of their licensees, successors, and assigns.All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not Breeze AO or ANY of its affiliates, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

By posting information on the Platform, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Platform, you agree that you will not post comments, messages, links, code, or other information that:

Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Platform, or attempts to gain access to other network or server via your account on this Platform.

We are not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Platform, nor do we endorse the User Contribution of third parties. Further, we are not responsible for any failure or delay in removing such postings. While we do not monitor User Contributions, at our sole discretion, Breeze AO may choose to un-publish or otherwise make not available for public viewing any material we deem unnecessary or inappropriate for use on our Platform.

14) User Customizations:

The platform is as is, whereis, and the functionality is only guaranteed as to the build that you initially received.
If you change ANYTHING, the risk is on you and you alone.

You agree to hold-harmless Breeze AO and its affiliates for any and all issues regarding buildouts, customizations, and every process and trait of Breeze AO.

Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your and your Clients’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Breeze AO may remove any of your modifications at any time without advance notice and with no liability to you.

15) Promotions:

From time to time, this Platform may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Platform. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You will ensure that these activities comply with all relevant laws.

16) Content YOU Create:

Breeze AO has the right to use content you create, at no cost to Breeze AO, i.e., workflows, website templates, form templates, survey templates, and anything else you may create to insert those items into any other account so that this may help improve Breeze AO's overall functionality.

17) Copyright; Digital Millennium Copyright Act:

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to info@breezeao.com (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.

We apologize but we ONLY accept DMCA violations/requests via email.

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Keep in mind that you CANNOT copyright or trademark a PROCESS.

Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed email: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that Breeze AO may repost the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others.

18) Third Party Content:

This Platform may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Breeze AO. Breeze AO is not responsible for the content or accuracy of any materials provided by any third parties.

19) Links to Other Websites:

Breeze AO may provide links to external websites for the convenience of Platform users. The inclusion of an external link on this Platform does not constitute or imply support or endorsement of any kind. Breeze AO does not control those websites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such sites.

20) Disclaimer:

THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM, PLATFORM CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM CONTENT, SERVICES OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PLATFORM CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM, FROM US OR THE BREEZE AO TEAM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

THIS PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM CONTENT AND SERVICES ON OR THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE PLATFORM, THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR PLATFORM CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by YOUR OR any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller OR PURCHASER of such merchandise OR SERVICE and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR THE BREEZE AO TEAM.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

21) Limitation of Liability, Indemnification, and Mitigation:

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Service and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL BREEZE AO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold harmless Breeze AO, the Breeze AO Team, and all of Breeze AO’s affiliates against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform or Services (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or Clients; (b) any breach of or default under these Terms of Service by you, your employees, agents, or Clients; (c) the wrongful use or possession of any Breeze AO property by you, your employees, agents, or Clients; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or Clients; (e) misrepresentations by you, your employees, agents, or Clients (f) violation(s) of applicable law by you, your employees, agents, or Clients, (g) your actions and the actions of your employees, agents, or Clients; (h) the acts or omissions of you, your employees, agents, or Clients in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users, (2) you and your Client(s), and/or (3) your Clients.

If any of the Services or Platform are, or in our opinion are likely to be, claimed to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Services and Platform as contemplated by these Terms of Service; (b) modify or replace the Services or Platform, in whole or in part, to seek to make the Services or Platform non-infringing; or (c) require you to immediately cease any use of the Services and Platform, including but not limited to the Breeze AO platform.

22) Limitation on Time to File Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23) Injunctive Relief:

You agree that a breach of these Terms of Service will cause irreparable injury to Breeze AO for which monetary damages would not be an adequate remedy and Breeze AO shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

24) Waiver and Severability:

No waiver by Breeze AO of a term or condition set forth in these Terms of Service shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Breeze AO to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

25) Entire Agreement:

Except as noted below in the additional terms, these Terms of Service and our Privacy Notice constitute the sole and entire agreement between you and Breeze AO with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s).

Breeze AO may enter into a separate agreement with you. The terms of any separate agreement between you and Breeze AO will be considered a part of your entire agreement with Breeze AO. To the extent there is a conflict between these Terms of Service and the terms of your separate agreement with Breeze AO, your separate agreement with Breeze AO will control.

26) Term and Termination:

These Terms of Service will remain in full force and effect while you use the Platform or subscribe to any Services. Even after you are no longer a user of the Platform, those provisions of these Terms of Service that by their nature are intended to survive will remain binding on you, including but not limited to Sections 3, 7, 10, 13, 16, and 20 to 30 and the Privacy Notice.

Grounds for Termination: You agree that Breeze AO, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary.

No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Platform will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, Breeze AO requires written notice at least 30 days before your next billing date.

No Termination by Third Party Users. Breeze AO has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Breeze AO, must contact the party who originally provided access to the Platform for any inquiries related to termination.

27) Applicable Law, Binding Arbitration, and Class Action Waiver:

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Florida will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Tampa, Florida. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

28) No Bug Bounties:

Breeze AO does not have a bug bounty program and does not pay bug bounties. Breeze AO prohibits any third-party access to the Platform or any Breeze AO systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by this Agreement or as agreed to by Breeze AO in a separate agreement.

29) Miscellaneous:

Your Privacy Obligations: When you provide access to the Platform to any other parties, i.e. your Client(s), you must implement and enforce your own privacy notice, providing the level of protection at least equal to that provided to you by Breeze AO. You must obtain consent from your Client(s), affirmatively acknowledging that your Client(s) agree(s) to be bound by your privacy notice.

International Use: Although the Platform may be accessible worldwide, we make no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.

Force Majeure: In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and/or Services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

How to send Notices to Breeze AO. All notices to a party shall be in writing and shall be made via email. Notices to Breeze AO must be sent to the attention of Customer Service at info@breezeao.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

30) Communications and Contact Information:

Breeze AO may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Breeze AO, you can click on the “unsubscribe link” provided in such communications or contact us at info@breezeao.com.

When you enroll in the Service, you must designate a primary email address that will be used for receiving electronic communication related to these Terms of Use and the Service. Breeze AO will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Breeze AO, do not respond to the email and notify Breeze AO by emailing us at info@breezeao.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform, these Terms of Service, and the Privacy Notice, please contact us at info@breezeao.com.

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EFFECTIVE DATE: October 7, 2022

31) Additional Terms and Conditions:

Acceptable Use is defined as: “an agreement between two or more parties that outlines the appropriate use of access to a network, software, shareware, the internet, public. This document describes what users may and may not do when accessing BREEZE AO.”

To you, the user, acceptable use(s) is/are clearly defined in this agreement. The original account pre-load that is built inside your account is just a sample of the capability of the BREEZE AO system.

Do NOT use personal identifiable information (PII) without the expressed written consent from the person(s) that the info belongs to.

BREEZE AO does not testify that the information that you would either put in as a single record, a single record update, a mass records update, or any other means of entering information is secure or protected in any way shape or form other than the basic two-form login, whereas the system will require your password to login and then will prompt you to enter a six (6) digit code that you will select to have sent to either your cellular phone or your email. Without both the password and the six (6) digit passcode, the system will deny access.

It is your responsibility to make sure that you are following TCPA laws and ANY other law (whether they be local, State, and Federal Laws or a combination of those laws) that is related to the business that you conduct. Ignorance is NOT an excuse and it most-definitely is NOT bliss. Do your homework for what times you can reach out to people, how you can market to those people, and set your marketing to only operate within those hours. Be lawful.

BREEZE AO App

BREEZE AO is available on both the Google Play and Apple app stores. The capability inside the app is limited but most functions can be performed from a basic standpoint such as messaging leads and clients, to include emails and SMS/calls.

Incoming Messages/Calls

Incoming messages/calls usually are charged at a lower-rate than that of outgoing but bear in mind, by using BREEZE AO, you are acknowledging the volatility of the costs of the system's usage with carrier fees, compliance fees, such as, but not limited to A2P 10DLC, lookups, emails, and incoming and outgoing SMS, Calls, and Emails. They are not and will not ever be free and are an additional charge from the monthly subscription. Carrier costs are a major factor here and it is exactly why most CRMs that offer free incoming cannot ever guarantee deliverability. They simply are not paying the carrier costs and trying to sneak them in.

A2P 10DLC Compliance

A2P 10DLC Compliance is now a requirement to use Breeze AO. You MUST get your account within A2P 10DLC Compliance within 45 days of establishing the account and you are acknowledging that Breeze AO cannot guarantee deliverability even if you are A2P Compliant because several factors go into this such as:

The first text message TO an individual MUST include YOUR name, YOUR BUSINESS NAME, and OPT OUT LANGUAGE. These are not the ONLY requirements. It is YOUR responsibility to stay up-to-date with A2P 10 DLC Compliance. Your OPT-IN forms MUST contain, but not limited to, language that states that the person's information will NOT be sold or shared with THIRD PARTY ENTITIES. Once someone "opts-in" to your marketing, BREEZE AO REQUIRES that you send CONFIRMATION of that opt-in that is on par with A2P Compliance.

Password Resets

Password Reset Forms are located on the LOGIN SCREEN app.breezeao.com or breezeao.com.

You are advised and warned to log out of BREEZE AO at the end of each work session or at ANY time that you will not be physically directly within arms-reach of your computer/phone. The system will NOT time-out on you because we know that you are busy individuals and wouldn’t want that to be a setting. The responsibility to log out if you are not within arms-reach is YOURS and YOURS alone. Failure to do so puts your clients/leads data at risk. Protecting your client’s/lead’s personal data is YOUR responsibility and you should ONLY use data that they approve with their written permission.

SMS Things to Consider

SMS is charged per 140-160 character segment (depending on the carrier of the number being sent to) and the very first message MUST be compliant with the opt-out language. It is set to be on the message automatically, so consider that when you start marketing with “drip-marketing”. Test it out, put yourself in a workflow and fire it off. Look at how many characters it contains and factor that in for your first-message cost. It will help you keep your costs down and make sure that you are getting the most out of your CRM.

Special Characters/Emojis inside an SMS message are like a trash can that you throw money into that have little to NO return on investment. Don’t use them unless you’re prepared to pay for them as special characters, emojis, etc cost extra money to send. Bear in mind that the cost works with both sending and receiving special characters when it pertains to SMS costs. Inside an email, they are free except for the cost of sending the email which is discussed in another section here.

Pictures/File Attachments inside an SMS message are also huge money pits with little to NO return on investment. Don’t use them unless you’re prepared to pay for them. Bear in mind that the cost works with both sending and receiving file attachments and pictures. Instead, put the attachment of what you were going to send inside an email, they (referencing the special characters, emojis, or attachments are no additional cost except for the cost of sending the email which is discussed in another section, and then send a simple-text stating something like, “I sent you a copy of my license to your email” just be sure to add to check SPAM if you are not sure that your e-mail subdomain is “warmed up” yet. (See section on Email Warm-Up)

Leads and Client Data Protection

All leads that you add into the system are yours so do not give anyone else your password or your random access six (6) digit code, which changes with EVERY login, that comes to you for login because any legal liability for the usage of this system is YOURS and YOURS ALONE.

You agree to release, indemnify, and hold harmless BREEZE AO, its owners, and its affiliated partners from any liability, monetary or not, for any information you put into this system and for the chosen fields and information that you choose to input.
You agree to a “Hold Harmless Agreement” with BREEZE AO and all mentioned personnel and entities listed in this paragraph.

Getting Started with E-mailsEmail Verification:

For a minimal cost (the cost varies but always remains minimal (under $0.01 per email) and is good for 90 days, you can verify the receiving email you are about to email to. This is a HUGE tool and a key to getting good email deliverability AND getting your emails delivered into the inbox instead of SPAM.

If you do NOT choose this feature, once your email “bounce” rate hits 5-7%, your account is sent a warning. When it hits 10%, your account will be shut down from emailing and the situation will have to be addressed before email capability can resume, meanwhile, you have absolutely destroyed your email statistics which can and will affect your deliverability. An example of how this works is: let’s say you have a list of 10,000 emails and you want to mass-market them in an email campaign. If you have not prior checked the list, you could end up with a bunch of emails that are now inactive/closed, not even in existence, or whatever the situation is.

Email Warm-Up

In the beginning, you will be able to create a subdomain of your email server so that if people mark you as SPAM that it does not “burn” your original domain. Most messages will go to SPAM from the beginning since the new subdomain that you are creating will need to be “warmed-up.” You can warm up your sub-domain by sending emails from the CRM and having your recipient respond or reply. It is hard to say how long it will take for your email to get warmed up, so we do not make any promises on email deliverability whatsoever. We do know that every user of BREEZE AO we have thus far has had no deliverability issues and most took between 6-10 weeks to completely warm up but that relies, once again, on the trust issue of who you are emailing. Emailing through the CRM from the beginning instead of using your other app, such as mail, outlook, or an external software email provider definitely helps since your mass/bulk communication from the CRM will be sent from the subdomain and the sub-domain CANNOT warm up by NOT using the subdomain (i.e. sending emails from your phone’s mail app, outlook app, mail app on mac, etc…)

Getting Started with Phone

For a minimal cost (varies, but typically is under $0.01 per number) and is good for 90 days as well; you can have all phone numbers verified before you send any marketing to them. This is a HUGE tool and a key to not wasting money by trying to text a landline or disconnected number.

If you do NOT choose this feature, once your SMS “bounce” rate hits 7% (meaning trying to text a landline, etc) your account is sent a warning. When it hits 10%, your account will be shut down from SMS/CALL/TEXT and the situation will have to be addressed before email capability can resume.

An example of how this works is: let’s say you have a list of 10,000 numbers and you want to mass-market them in a texting campaign.
If you have not prior checked the list, you could end up with a bunch of texts sent to non-working lines or land lines that are now inactive/closed or whatever the situation is which could affect your messaging/calling capabilities due to not “scrubbing” the list with the phone number verification mentioned above.

HIPAA COMPLIANCE

If you are an agent/agency/organization that must obtain HIPAA Compliance with BREEZE AO, Our system IS HIPAA Compliant but you MUST email us at info@breezeao.com and let us know to turn the HIPAA Compliancy on for your Account. HIPAA Compliance is NOT automatic. Keep in mind that this means that what is inside BREEZE AO is HIPAA Compliant ONLY. It does NOT mean that you, as an Agent/Agency/Organization, are compliant. Compliance OUTSIDE of BREEZE AO is YOUR responsibility and you agree to release, indemnify, AND hold-harmless BREEZE AO, its owners, and its affiliate partners from ANY breach of HIPAA Compliance or any legal action resulting from the breach or breaches.

DATA LOSS

Breeze AO is NOT and will NOT ever be responsible for data loss. By signing this agreement, you agree to indemnify Breeze AO and hold us harmless for any data loss resulting for any reason.

System Outages

At times, the system may not operate at the best capacity. Keep in mind that this is a web-based app and NOT a locally-downloaded/stored one. Even the app on a phone is web-based. This means anywhere you have internet and a browser, you will be able to access this system. That being said, from time-to-time, you may have to clear all cookies and close all browsers and re-log into the system. This usually clears the slow response time. Please note that you should not use this system on a public internet or public wi-fi system network. Data thieves are out there and you do not want them getting your passwords, client data, or anything else for that matter. Protect this data better than you would if it were your own. As stated before, the protection of the data and the data itself inside the system is YOUR responsibility.

Data Lost - Retrieval

The data inside the system is yours and as stated before, it is YOUR responsibility.

If you’d like, we can update your account to save “checkpoints” of where you were and what was inside your account. You must email us if you want that back-up; it will never occur automatically. Also, we highly suggest downloading CSVs of your files and data and storing them in a backup place of your choice. You can always upload it back once your account has been repaired. Please note that every change you make is documented to BREEZE AO, so we can see WHO made the change but we may NOT be able to recover the lost data. Having the account backup request(s) emailed to us definitely increases the odds of the data being recovered and your account being recovered to the best possible outcome. Please note that the account “back-ups” do NOT save your contact/lead information OR the data within each. It ONLY applies to the functionality of your system. This is why we highly recommend performing your own contact/lead information by exporting your own CSV from the system…remember: you CAN export most data associated with a lead/contact but YOU must choose the data you want to be exported. It will ONLY export the data that is shown on the screen when you look in your contact list or smart list (if you only want specific lists exported) but if you click “COLUMNS” at the top right of the contact list, you can choose the specific data that you want exported to the CSV file. We recommend exporting ALL of it so that if you ever have a problem where you need to revert to a prior “back-up” or “checkpoint”, you can re-add all contacts back into the system; most, if not all, of the data should go back where it belongs. Also note that if you have tags associated with a user and you put a tag as a trigger to start an automation, that it is going to automate that again when you re-import the list. The “allow multiples” inside workflow settings will NOT recognize it as being there before since it sees it as a new contact/lead. To combat this, we recommend putting ALL contacts that are being imported into DND mode for ALL forms of marketing unless you are absolutely 100% positive that your automations will not “fire”. Remember, the usage from texts, calls, emails, or any other form of communication inside the CRM is all your responsibility so we advise following the guidance that we provide.

USAGE REFUNDS

We do not control the usage of your account at all.

We do not send anything to your account other than the notifications that are programmed and those are agreed-to by you, the user, by accepting and signing this agreement. Since we do not control the usage and what automations you run, we cannot and will not give refunds on these…period.

No exceptions.

If you accidentally run a mass campaign that you didn’t mean to, we cannot stop it. Only you control that, which is exactly why it is your responsibility to understand the system BEFORE you send out mass marketing. If you have any questions, feel free to email us at the contact information listed at the bottom of this agreement and we will help you out, but bear in mind that we can only help you to understand WHAT each function does. We can not help you with HOW to send 10,000 messages to a specific group of people. We explain how the system works…the specifics are up to you and solely your responsibility. Please check your automations and update them to fit your preferences BEFORE you start automated marketing. Trust us, it will control the amount that you spend in usage and eliminate wasted duplicate-marketing costs.

System Modifications

We can only speak for how the system works BEFORE you make any changes. If you make any changes, we can not be responsible for them, so if you have ANY questions on how to do something, please ask.

The system is “as-is, where is”.

We can help you with simple modifications, probably at no-cost to you, but if it is considered a complex build-out for us, we do offer customizations, with automations ONLY, for a $125 an hour fee. We will send you a service contract for you to sign and agree to so you will see the price and see the customizations to be made before any work can start. If changes are made and you want your account back-up updated, please send an email afterwards. Remember, account back-ups ONLY occur with an email request; they do not occur automatically.

SYSTEM USAGE COSTS

These costs are subject to change but minimal from the original charges and can change at any time. If costs change, you will be advised via an email from the system advising you. Since we do not control the costs of the usage because they are third-party software, this is not something that we at BREEZE AO can control. Unfortunately, it is something that we, ourselves, would have to deal with, as well.

We can say that in almost two years of using our platform with our third-party messaging, it hasn’t gone up yet and we don’t foresee it going up anytime in the near future, but once again, we are not them and cannot speak for them.

The way system usage works, is you will set a starting balance that you will “load” into your account along with a “reload” threshold (the threshold that when your account depletes down to, your card will automatically be charged the amount you set it to and the cycle will repeat in perpetuity or until you, or we, terminate your account.

Your account will STILL run all of your automations that you set until it runs through them all. You will still be charged for, and the costs associated with those are still responsibility; your usage costs for your usage after your agreement with us was terminated are STILL your responsibility as well.
Those automations are still your responsibility, so please make sure ALL automations are intended, and by agreeing to this agreement, you are accepting the policy. It is YOUR responsibility to keep a tab on your usage and ensure that proper billing is occurring because the system will ONLY send out what you TELL it to send out. Your system usage costs will be billed as you recharge yourself, through manual or automatic, it will bill you as soon as you tell it to and as often as you tell it to. We do not control the carrier fees that are mandatory with each segment. The cost of these is minimal but it is an additional cost that you are agreeing to by signing this agreement. They will be visible inside your account under “settings” then “company billing”.

User Lockouts and Accounts Locked/Blocked

This is a carrier restriction, not a restriction of Breeze AO, therefore, we cannot "un-do" it or unlock your account. The carriers of cellular networks and email domain servers themselves are the ones who tell us to lock your account. Per their standard operating procedures, we cannot unlock them before they tell us we can. We cannot jeopardize everyone else using the software just to unlock you and we do not give preferential treatment to any customer who is a user of ours. It’s not that we don’t value you as a customer, we simply cannot jeopardize our relationships with the 3rd party affiliates.

Most account lock-outs or account blockings are temporary (less than 24 hours) and only remove your ability to do BULK automations and also block you from using your account to message BUT THEY WILL NOT STOP ANY AUTOMATIONS THAT ARE PROGRAMMED! Your leads will still be able to reach out to you but you will not be able to respond until the issue is corrected. There are times when a user does something illegal (purposely or not), and the account must be terminated for cause. If this ever happens, you will still be responsible for all usage costs and we cannot grant a refund to you for that month, even partially, because that would mean that you violated our terms of service and the acceptable use policy.

No Exceptions will be made. Whether or not you will ever be allowed to get another account with BREEZE AO in the future will be determined by whether or not you had legal action against you, civil action against you, and other determinations.

Refund Policy

BREEZE AO does not issue refunds of any kind, not even partials. If you cancel your service, your service will end at the end of your term (monthly) and you will still be able to send messages, texts, emails, etc until the end of your term.
Keep in mind that you will be responsible for all charges resulting from your automations that go through on your account until then and after.

User Built/Hosted Content

Any content, forms, calendars, trigger links, websites, funnels, forms, surveys, to include ANYTHING hosted or built within BREEZE AO CANNOT be retained by the user or transferred to the user after the user suspends/terminates a subscription to BREEZE AO. In short, if you build it inside BREEZE AO and decide to cancel for ANY reason, you will LOSE the access to all of those immediately upon termination of your subscription to BREEZE AO. Domains that you purchased will remain the property of the USER but the content, to include the website, if built inside BREEZE AO, will cease to function and will have to be rebuilt. There is ONLY one way to keep your content that applies ONLY to websites built inside BREEZE AO; if you elect to pay $14.99 a month extra as an add-on, you can add WordPress extension to build your website on and it will be retained inside WordPress and you will be able to access it inside your own WordPress. WARNING: This WordPress add-on is an extension of WordPress and is slightly limited to WordPress' premier product.

Billing

BREEZE AO bills through STRIPE monthly for subscriptions, on the anniversary day of the month that you subscribed and, additionally, whenever your account hits its “bottom threshold” for a re-charge for messaging, emailing, and calling and by signing and accepting this agreement, you are authorizing us to automatically bill you through STRIPE each month.

We do offer PRE-PAID semi-annually (6 months prepaid) for individuals and for agencies/brokers.

We also offer PRE-PAID annually (12 months prepaid) for individuals and for agencies/brokers as well. E-mail us for details for these packages with details of what you’re trying to accomplish and we will get you pricing. For any other package deal, such as you have an entire office who each wants their own account, please email us at the email at the bottom of this agreement and we will see what we can do for you. Any other package deal, such as having ONE account with MULTIPLE team members is an option as well but the price will be reflective based on how many users you wish to have and you will be charged per user but at a significantly discounted rate. Keep in mind, if you have team members in your account, you can set their permissions as to what they can and can’t access or change but they are your responsibility so if you give them permissions and they change everything or send out massive automations that make your usage costs skyrocket, the usage cost is still YOUR responsibility.

Remember, there are no refunds.

STOP Replies

A client or lead that replies with simply “STOP” will automatically be flagged by the system. You will NOT be able to reply to them until they write you back or with an “opt-in” acceptable by the system such as "SUBSCRIBE" or "START".

Do Not Call/Email Replies

A client or lead that replies with “do not call” is YOUR responsibility to either delete the lead’s info, or keep it for record-keeping purposes only but you are required by law to cease ALL communication with that lead/client. Compliance is YOUR responsibility and ignorance is NOT bliss.

Follow the local, state and federal laws relating to the National Do Not Call List.

Lead/Client Harassment

A client or lead that replies with profanity will automatically be noted as “rude and profane” but you are agreeing to our policy of not continuing that conversation with that specific individual at ALL. The client/lead record will automatically update the opportunity to STOP. People save records and they will report you and possibly even pursue legal action AGAINST you! Even though they cursed you out or whatever, the court is ALWAYS going to side with them and NOT you. Don’t reply at all unless the lead/client were only using profanity in the sense of not depicting them as being harassed, etc.

Use your best judgment; as stated before, your usage of this system is YOUR responsibility, not BREEZE AO’s.

Leads

The legality of leads, and the manner in which you obtain them, and their outreach vary, sometimes, by State and mostly Federal Law and they change from time to time. That being said, it is YOUR responsibility to ensure that you are following proper Telephone Consumer Protection Act (TCPA) Laws and Regulations, especially in regards to reaching out to leads and their categories (aged, shared, exclusive, personally known, etc).

Any violation of these laws is your, the user’s, responsibility.

We cannot speak for the interpretation of the laws since they change so frequently and we, ourselves, are not attorneys, but we REQUIRE user compliance of all laws. Remember, gain CONSENT from the lead, add an opt-out message, and clearly identify yourself in the first message to each lead/client to stay compliant, otherwise, the carriers may block your messages.

Do NOT cold outreach random numbers. If you purchase a lead from somewhere, save the purchase record, which most lead providers do automatically on your access portal, just in case you ever need them.

Please note that TCPA laws may NOT be the ONLY laws you have to follow.

Do your due diligence. There may be local, State, or Federal Laws that must be adhered to as well.

Workflow Loops

If you mistakenly or purposely create a workflow that will send the system into a loop, that workflow will be locked and you must contact us at info@breezeao.com to get it unlocked. A loop can occur if the same contact enters a specific workflow or workflows five times within a short timeframe, which can change based on the system availability.

By accessing BREEZE AO, you are hereby acknowledging that you have been given a copy of the terms of service, rules, and best practices.

Last Updated 10/7/2022