TERMS OF SERVICE
Effective Date: July 31, 2025
Last Updated: November 2, 2025
Welcome to Onyx Rise Media LLC (“ORM,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, AI tools, software, and services, including AI voice agents, AI chatbots, and marketing automation (collectively, the “Services”).
By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.
1. Definitions
“Client,” “you,” or “your” refers to the individual or business that subscribes to or uses ORM’s Services.
“AI Systems” means ORM’s proprietary and integrated AI solutions, including voice agents, chatbots, and automation tools.
“Third-Party Platforms” means integrated services such as GoHighLevel, Twilio, Stripe, OpenAI, and Google Analytics.
“Content” means any text, audio, data, or media provided or processed through the Services.
2. Services Overview
ORM provides AI-powered marketing automation solutions, including but not limited to:
AI voice agents and chatbots for customer communication
Marketing automation workflows
CRM integration and reputation management
Custom data and lead generation tools
All Services are provided “as is” and “as available,” with reasonable efforts to maintain uptime and functionality.
3. Client Responsibilities
You must provide accurate business information, data, and access credentials required for setup.
You are responsible for the content and data submitted to train your AI systems. ORM is not responsible for incorrect or misleading training data provided by you.
You must ensure your use of ORM’s Services complies with all applicable laws, including telemarketing, text messaging, and privacy laws.
4. Payment Terms
Billing: Services are billed on a monthly recurring basis, unless stated otherwise.
Setup Fees: One-time setup or onboarding fees may apply and are non-refundable.
Late Payments: Accounts overdue by more than 10 days may be suspended until payment is received.
Refunds: ORM does not issue refunds for partially used subscription periods or completed setup services.
5. Intellectual Property
ORM retains ownership of all AI systems, algorithms, scripts, templates, and tools developed or deployed under this agreement.
Clients retain ownership of their business data and content.
Use of ORM’s intellectual property is limited to the scope of the Services provided. Copying, reselling, or reverse engineering ORM’s systems is strictly prohibited.
6. Data Privacy & Security
ORM maintains commercially reasonable safeguards to protect client data. However, due to the nature of AI systems and internet-based integrations, ORM cannot guarantee absolute security.
For details, see our Privacy Policy.
7. Service Level Agreement (SLA)
ORM strives for 99% uptime for hosted AI and automation systems, excluding scheduled maintenance or outages beyond ORM’s control (e.g., third-party downtime, force majeure). ORM will use reasonable efforts to promptly restore service.
8. Third-Party Integrations
ORM integrates with third-party platforms such as GoHighLevel, Twilio, Stripe, and OpenAI. You acknowledge these services are governed by their own terms and privacy policies. ORM is not responsible for disruptions or data loss caused by these third parties.
9. Limitation of Liability
To the maximum extent permitted by law:
ORM is not liable for indirect, incidental, or consequential damages.
ORM’s total liability under this agreement shall not exceed the total amount paid by you in the last 3 months of service.
ORM does not guarantee specific business results or outcomes from AI automation.
10. Termination
Either party may terminate the agreement with 30 days’ written notice. ORM may terminate immediately for non-payment or violation of these Terms. Upon termination, access to all ORM Services and AI systems will be revoked.
11. Dispute Resolution & Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration under the American Arbitration Association rules. The arbitration will be held in Michigan, and each party will bear its own costs.
12. Compliance with Communication Regulations
Clients must comply with TCPA, CAN-SPAM, and GDPR when using ORM’s communication tools. ORM assumes no responsibility for legal compliance on outbound messaging campaigns executed by the client.
13. Indemnification
You agree to indemnify and hold ORM harmless from any claims, damages, or losses resulting from your use of the Services, breach of these Terms, or violation of applicable laws.
14. Changes to Terms
ORM may update these Terms from time to time. The latest version will always be available on our website, and continued use of our Services constitutes acceptance of any changes.
15. Contact
For questions about these Terms, contact us at:
📧 [email protected] (646)-640-7065