Terms of Service

1. Definitions

• Account means your registered Ascend Interactive user account.
• Client Content means text, images, logos, business information, customer lists, leads, and any other materials you upload to or create within the Services.
• Platform means the software environment we provide to you, including the white-labeled marketing and CRM platform through which the Services are delivered.
• Services means the Platform, the website we build for you, business phone numbers, SMS/MMS messaging, voice, automations, marketing tools, CRM, review tools, and any other product or service we make available to you.
• The Ascend System means our core service package described in Section 4.
• Setup Fee means the one-time fee for building and configuring your website and marketing system.
• Subscription means your recurring monthly payment arrangement for the Services.

2. Eligibility and Account

You must be at least 18 years old, legally able to enter into a binding contract, and acting on behalf of a lawful business to use the Services. You agree to provide accurate information when registering and to keep your Account information current. You are responsible for all activity under your Account, including activity by your employees, contractors, and any other authorized users.

3. Services

We provide website design, marketing automation, and related technology services built specifically for auto detailing businesses. We may add, modify, or discontinue individual features from time to time. We will not materially reduce the core functionality of your Subscription without notice.

4. Plan and Pricing

We offer one plan, The Ascend System:

• $800 one-time Setup Fee, which covers the design and build of your custom website, configuration of your automations, setup of your business phone number, and onboarding.
• $297 per month, which covers hosting and ongoing management of your website, access to the Platform (web and mobile app), a local business phone number for texting and calling, missed call text back, automated lead follow-up, review automation, reactivation campaigns, an all-in-one conversation inbox, CRM access, and direct support.

Your Subscription is month to month. There is no long-term contract and no cancellation fee.

Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle. Price increases will never apply retroactively to a billing cycle you have already paid for.

5. Billing, Auto-Renewal, and Payment

• Advance billing. The Setup Fee is billed at signup. Subscription fees are billed in advance of each monthly service period.
• Auto-renewal. Your Subscription automatically renews at the then-current rate at the end of each billing cycle until you cancel.
• Payment method. Payments are processed through Stripe. By providing a payment method, you authorize us to charge it for all amounts due, including the Setup Fee, Subscription fees, usage charges, and applicable taxes.
• Taxes. All fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes other than taxes on our income.

6. Usage-Based Charges

In addition to your Subscription fee, telecommunications usage is passed through to you at our provider's cost, with no markup. Current rates:

These are our provider's rates and are subject to change by the provider. We will pass through any rate changes with 30 days' notice where practical. For a typical detailing business, total monthly usage charges are small, usually a few dollars.

Wallet and top-ups. If your account uses a prepaid usage wallet, we will automatically recharge your payment method to refill the wallet when the balance falls below the top-up threshold, according to your selected preferences.

7. Refund Policy

Payments to Ascend Interactive are final and non-refundable, subject to the following:

• The Setup Fee becomes non-refundable once we begin work on your build.
• Monthly Subscription fees become non-refundable once the billing cycle they cover has started.
• If we publish or agree in writing to a specific guarantee (for example, a performance guarantee on your setup fee), the terms of that written guarantee control over this Section.

Our Services are custom-built and work begins promptly after payment, which is why fees are non-refundable once work or a service period has begun.

8. No Chargebacks

You agree not to initiate a chargeback or payment dispute for Services actually rendered without first contacting us and giving us a reasonable opportunity to resolve the issue. Filing a chargeback for Services rendered is a material breach of these Terms. We reserve the right to:

• Submit evidence of contract acceptance, Platform usage, and delivery documentation to your card issuer.
• Suspend or terminate your Account.
• Pursue recovery of the disputed amount plus reasonable collection and administrative costs.

9. Promotions

We may offer discounts or promotional pricing from time to time. Promotional pricing applies for the period stated and reverts to standard pricing thereafter. Discounts do not modify any other term of this agreement.

10. Service Delivery

Standard build time is 7 to 10 business days following receipt of your completed onboarding form. Services are considered delivered once your website has been completed and made available and your Platform and automation setup is finalized. Delays caused by missing onboarding information, unresponsive communication, or third-party approval processes (such as carrier A2P registration) extend the delivery window accordingly.

11. Payment Failures and Suspension

If a payment fails:

• We will retry the payment up to 4 times over the following 3 weeks.
• If the balance remains unpaid 48 hours after the first failed attempt, your Account and Platform access may be suspended until the balance is paid.
• If the balance remains unpaid for 30 days, we may terminate your Account and delete or archive Client Content as described in Section 17.

Suspension does not relieve you of the obligation to pay outstanding fees.

12. Cancellation

You may cancel your Subscription at any time by emailing info@ascendinteractiveweb.com. Email is sufficient; no phone call is required. Cancellation becomes effective at the end of the current billing cycle, and you will not be charged after that. Cancellation does not entitle you to a refund of amounts already paid.

13. Intellectual Property

13.1 Our IP

The Platform, our software, our automations, our internal templates and processes, our marketing materials, our brand, and all underlying technology are owned by Ascend Interactive or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Services for your internal business purposes during your Subscription. All rights not expressly granted are reserved.

13.2 Your Content

You retain ownership of your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Client Content as necessary to provide the Services.

13.3 Your Website

You own your website. This includes the design we build for you and all Client Content on it. While your Subscription is active, we host, maintain, and manage the website for you as part of the Services.

If you cancel:

• We will provide you with a complete export of your website content and design at your request, at no additional charge.
• If your domain was registered through us, we will transfer the domain registration to you at your request (subject to any registrar transfer fees).
• You are responsible for arranging new hosting after cancellation. Features that depend on the Platform (automations, the phone system, the inbox, review tools, CRM, and forms connected to those systems) are part of the Subscription and stop working when the Subscription ends.
• At your request, we will reasonably cooperate to port your business phone number to another provider.

13.4 Portfolio Use

We may display work we build for you (such as your website design) in our portfolio and marketing materials, identifying your business by name. If you prefer we not feature your business, email us and we will exclude it.

13.5 Feedback

If you provide suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, royalty-free license to use it without obligation to you.

14. Acceptable Use

You agree NOT to use the Services to:

• Send unsolicited messages, spam, or unlawful communications.
• Send messages without proper consent under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, A2P 10DLC requirements, or applicable state laws.
• Violate the privacy of any individual or any state or federal privacy law, including the CCPA/CPRA and other applicable state privacy statutes.
• Send messages that are harassing, threatening, defamatory, fraudulent, obscene, or otherwise unlawful.
• Promote illegal activities or industries that violate carrier policies.
• Reverse-engineer, decompile, or attempt to derive source code from the Platform.
• Resell, sublicense, or provide the Services to third parties without our written consent.
• Attempt to circumvent security measures, rate limits, or technical restrictions.
• Upload viruses, malware, or any code intended to damage or disrupt the Services.

We may suspend or terminate Accounts engaged in any prohibited activity.

15. Client Compliance Obligations

15.1 You Are Responsible for Your Own Communications

When you use the Platform to send SMS, MMS, voice messages, or emails to your customers and prospects, you, not Ascend Interactive, are the sender. You are solely responsible for:

• Obtaining valid consent from every recipient before sending any message that requires consent under the TCPA, CAN-SPAM, A2P 10DLC, or applicable state law.
• Maintaining proof of consent (such as timestamped opt-in records, web form submissions, or signed authorizations) and producing it on request.
• Honoring opt-out requests (STOP, UNSUBSCRIBE, and similar) immediately and on a list-wide basis.
• Including required disclosures (sender identity, opt-out instructions) in your communications.
• Scrubbing against the National Do Not Call Registry and any applicable state registries before telemarketing calls or texts to non-customers.
• Complying with carrier rules, including A2P 10DLC registration for the campaigns you run.
• Complying with privacy laws that apply to your processing of customer data.

We configure the system with compliance best practices (such as automatic opt-out handling), but configuration does not transfer your legal responsibility for your own communications to us.

15.2 Customer Data

If you upload personal information about your customers to the Platform, you act as the "business" or "controller" under applicable privacy laws, and Ascend Interactive acts as your "service provider" or "processor." We process that data only to provide the Services. By uploading personal information, you represent that you have provided all required notices, obtained all required consents, and have the legal right to process the data through the Platform.

15.3 You Indemnify Us for Your Communications

You agree to indemnify and hold Ascend Interactive harmless from any claims, fines, penalties, or damages arising from your communications or your processing of customer data, as further described in Section 20.

16. Call Recording

We may record sales, onboarding, and support calls between you and Ascend Interactive for quality assurance, recordkeeping, and dispute resolution. We will provide notice at the start of any recorded call. By continuing the call after notice, you consent to being recorded. If you do not wish to be recorded, tell us at the start of the call and we will not record it.

17. Term and Termination

17.1 Term

These Terms begin when you accept them and continue until your Subscription is terminated.

17.2 Termination by You

You may cancel at any time as described in Section 12.

17.3 Termination by Us

We may suspend or terminate your Account and these Terms, with or without notice, if:

• You breach these Terms.
• You fail to pay amounts when due.
• We are required to do so by law.
• You engage in conduct that creates legal, regulatory, or reputational risk for us.

17.4 Effect of Termination

Upon termination:

• Your right to access and use the Platform ends.
• Your website ownership and export rights under Section 13.3 apply.
• We will retain Client Content for 30 days following termination to allow you to export it. After 30 days, we may delete or archive Client Content.
• Provisions intended to survive (intellectual property, indemnification, limitation of liability, dispute resolution, governing law) continue after termination.

18. SMS Terms (A2P 10DLC)

18.1 Messages From Us to You

By providing your phone number and opting in, you agree to receive text messages from Ascend Interactive related to your account, service notifications, and occasional updates or offers. Message frequency varies. Standard message and data rates may apply according to your mobile carrier's terms. Reply STOP to any message to opt out. Reply HELP or email info@ascendinteractiveweb.com for assistance.

18.2 Consent

Consent to receive messages from us may be given through our website forms, during onboarding, or verbally during service interactions. Consent is not a condition of purchase.

18.3 Delivery

We do not guarantee that messages will be delivered without delay or failure. Delivery depends on factors outside our control, including carrier networks and device compatibility.

19. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ASCEND INTERACTIVE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING ANY SPECIFIC NUMBER OF LEADS, BOOKINGS, REVIEWS, SALES, REVENUE, OR SEARCH RANKINGS. YOUR RESULTS DEPEND ON FACTORS OUTSIDE OUR CONTROL, INCLUDING THE QUALITY OF YOUR WORK, YOUR MARKET, AND YOUR USE OF THE TOOLS.

20. Indemnification

You agree to defend, indemnify, and hold harmless Ascend Interactive and its owner, employees, contractors, and agents from and against any third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services.
• Your Client Content.
• Your communications sent through the Services (including TCPA and CAN-SPAM claims).
• Your processing of personal information uploaded to the Platform.
• Your violation of these Terms or any law.
• Your violation of any third party's rights.

We will promptly notify you of any claim subject to indemnification. You will control the defense and settlement, provided that no settlement requiring us to admit fault or pay any amount may be entered without our consent.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO INDIRECT DAMAGES. ASCEND INTERACTIVE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• CAP ON DIRECT DAMAGES. OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
• BASIS OF THE BARGAIN. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF THE CLAIM (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND ARE A FUNDAMENTAL PART OF THE BARGAIN BETWEEN US.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.

22. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1 Informal Resolution

Before initiating any formal dispute, you and Ascend Interactive agree to first attempt to resolve the dispute informally by emailing info@ascendinteractiveweb.com with a written description of the dispute. If we cannot resolve it within 30 days, either party may proceed under this Section.

22.2 Binding Arbitration

You and Ascend Interactive agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in San Diego County, California, or remotely by agreement of the parties. Judgment on the award may be entered in any court of competent jurisdiction.

22.3 Class Action Waiver

YOU AND ASCEND INTERACTIVE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

22.4 Carve-Outs

Either party may bring (a) an individual action in small claims court, or (b) a court action seeking injunctive or equitable relief for infringement or misappropriation of intellectual property.

22.5 30-Day Right to Opt Out

You may opt out of this arbitration agreement by emailing info@ascendinteractiveweb.com within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out." Your email must include your name, business name, and a clear statement that you want to opt out. Opting out does not affect any other provision of these Terms.

23. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Subject to Section 22, any action that is not subject to arbitration must be brought exclusively in the state or federal courts located in San Diego County, California, and the parties consent to personal jurisdiction and venue there.

24. Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages, or labor disputes.

25. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without your consent to a successor entity, including a limited liability company or corporation formed to continue our business, or in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets. Your rights under these Terms are unaffected by such an assignment.

26. Notices

We may provide notices to you by email to the address on your Account, by posting in the Platform, or on our website. You may provide notices to us at info@ascendinteractiveweb.com.

27. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.

28. Miscellaneous

• Entire Agreement. These Terms (together with the Privacy Policy and any order form or written guarantee) are the entire agreement between you and Ascend Interactive and supersede any prior agreements on the same subject.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver. Failure to enforce any right or provision is not a waiver of that right or provision.
• No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Survival. Sections that by their nature should survive termination (including IP, indemnification, limitation of liability, dispute resolution, and governing law) survive.
• Headings. Section headings are for convenience only and do not affect interpretation.

29. Consent and Agreement

By purchasing any Services from Ascend Interactive or checking the agreement box at checkout, you confirm that:

• You have read, understood, and agree to these Terms of Service.
• You accept our refund policy in Section 7.
• You agree not to initiate chargebacks for Services rendered, as described in Section 8.
• You agree to the binding arbitration agreement and class action waiver in Section 22, subject to your right to opt out within 30 days.

30. Contact

Ascend Interactive
Email: info@ascendinteractiveweb.com
Phone: (619) 304-0537
Web: ascendinteractiveweb.com