AIM End User License Agreement (EULA)

Definitions

“Account” means the business entity registering for AIM and its employees, officers, directors, agents, contractors, and authorized users. “Lead” means any inbound contact, call, submission, message, form entry, phone number, or data packet delivered, generated, routed, or made accessible through AIM. “Wallet” means the Account’s prepaid balance used to fund Leads, fees, usage charges, and other amounts owed. “Deposit Balance” means Wallet funds purchased but not yet applied. “AIM Data” includes all system data, logs, analytics, usage activity, metadata, payment records, Lead records, call logs, message logs, distribution timestamps, AI training inputs, and outputs created or stored by AIM. “Payment Method” includes any credit card, debit card, bank account, ACH account, or other payment instrument submitted by the Account.

License Grant

AIM grants the Account a limited, revocable, nonexclusive, nontransferable license to access and use AIM solely for lawful business purposes in accordance with this Agreement. AIM retains all right, title, and interest in and to the AIM platform, including all software, user interfaces, algorithms, billing systems, lead distribution logic, AI systems, data models, and derivative works.

Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between AIM and the Account.

Ownership of Leads and Data

All Leads delivered through AIM are jointly owned by Three 21 Creative, LLC and the Account. AIM may retain, analyze, annotate, reassign, reuse, or repurpose Leads and AIM Data for operational, analytical, optimization, fraud prevention, AI training, and platform improvement purposes.

AIM may use Lead Data, Account Data, AIM Data, call logs, message logs, metadata, behavioral patterns, and system outputs to train, refine, and improve its algorithms, predictive models, artificial intelligence systems, machine learning models, and future technologies. AIM retains all intellectual property rights in any resulting models, insights, or derivative works.

AIM is not required to delete training data or model outputs upon Account termination.

Any redistribution, reassignment, reuse, or repurposing of Leads by AIM does not include the initiation of outbound communications to consumers and shall be conducted in accordance with applicable law.

Payment Terms and Billing

All usage is deducted from the Wallet. Payments are final and nonrefundable except at AIM’s sole discretion. By adding a Payment Method, the Account authorizes AIM to store the Payment Method through its PCI compliant processor and to automatically charge it for Wallet reloads, usage based charges, recurring charges, variable charges, negative balance recovery, and all amounts owed.

Charges may occur without prior notice. AIM may receive updated card credentials through card network updater services and bill updated credentials accordingly. Negative Wallet balances are immediately due and accrue interest at the maximum rate permitted under Florida law if unpaid after thirty days.

Chargebacks constitute a material breach. The Account is responsible for all related fees, penalties, and legal costs. AIM’s internal billing logs, timestamps, and distribution records constitute final and binding evidence of amounts owed.

ACH Authorization

By providing bank account information, the Account authorizes AIM to initiate ACH debits for all amounts owed, including variable and recurring charges. The Account must maintain sufficient funds and is responsible for all NSF fees and return costs. Revocation must be submitted at least three business days prior to a scheduled debit.

Lead Delivery and Disputes

A Lead is considered delivered once it appears within AIM. The Account has three calendar days to dispute a Lead. After this period, all billing is final. AIM retains sole discretion to determine Lead validity, billability, refund eligibility, or credit issuance.

The Account agrees to honor all opt out requests, STOP messages, revocations of consent, and Do Not Call signals associated with any Lead. Failure to do so constitutes a material breach and may result in immediate suspension or termination.

Acceptable Use

The Account may not interfere with or manipulate AIM systems, billing mechanisms, algorithms, AI models, or distribution logic; circumvent Wallet requirements; scrape or harvest AIM Data; reverse engineer software; access AIM through unauthorized tools; share credentials; permit unauthorized access; or use AIM for unlawful, deceptive, fraudulent, abusive, or noncompliant marketing practices.

Any violation constitutes a material breach.

Marketing and Communications Compliance Responsibilities

The Account is solely responsible for compliance with all applicable federal, state, and local laws governing marketing and communications, including the Telephone Consumer Protection Act, CAN SPAM, Do Not Call regulations, and similar consumer protection laws.

AIM does not act as the caller, sender, or initiator of communications between the Account and any Lead. AIM does not guarantee that any Lead includes valid consent for any form of outreach.

The Account must independently verify that it has obtained all legally required consents prior to calling, texting, emailing, or otherwise contacting any Lead.

Telephone Consumer Protection Act (TCPA) Compliance

The Account acknowledges and agrees that AIM does not initiate outbound calls, text messages, emails, or other communications to Leads. AIM operates solely as a technology platform facilitating Lead routing, delivery, analytics, and data access.

The Account represents and warrants that it will not contact any Lead unless it has obtained all legally required prior express consent or prior express written consent, as applicable, and that such consent specifically authorizes the method of communication used, including automated dialing systems, prerecorded or artificial voice messages, and text messages.

AIM makes no representation or warranty that any Lead includes valid consent. The Account bears sole responsibility for verifying consent prior to any communication.

Privacy and Data Use

AIM may collect, store, process, analyze, transmit, and use Personal Data, Account Data, AIM Data, Lead Data, and tracking data to operate and improve AIM; perform billing; verify identity; detect fraud; enforce this Agreement; comply with law; train AI models; and develop new technologies.

AIM uses tracking technologies including cookies, pixels, analytics tools, and behavioral tracking systems. AIM may share data with service providers including payment processors, telecommunications providers, infrastructure vendors, analytics platforms, and subcontractors.

AIM may store timestamps, IP addresses, routing data, call logs, message logs, and distribution records for operational and evidentiary purposes. Such records do not constitute proof of consumer consent and do not relieve the Account of its obligation to maintain its own consent records.

Security

AIM uses commercially reasonable safeguards but does not guarantee against unauthorized access or breaches. The Account is responsible for securing its credentials.

Confidentiality

The Account must maintain the confidentiality of AIM proprietary information including algorithms, workflows, pricing, and system architecture.

Limitation of Liability and TCPA Indemnification

AIM’s liability is limited to the specific Lead or Leads giving rise to a claim. AIM’s maximum total liability shall not exceed the lesser of the price paid for the Lead, ten thousand dollars, or one month of fees paid in the month preceding the event.

AIM is not liable for indirect, incidental, consequential, exemplary, special, or punitive damages.

The Account agrees to indemnify, defend, and hold harmless Three 21 Creative, LLC, AIM, and their officers, directors, employees, contractors, and agents from any claims, damages, penalties, fines, investigations, regulatory actions, and legal fees arising out of or related to any alleged violation of TCPA, Do Not Call laws, CAN SPAM, or similar laws by the Account or its use of Leads. This obligation survives termination.

Third-Party Services

AIM relies on third party providers including Stripe, Twilio, AWS, telecom carriers, analytics platforms, and AI infrastructure providers. AIM is not responsible for outages or failures caused by third parties.

Compliance Audit Rights

AIM reserves the right to request reasonable documentation demonstrating the Account’s compliance with TCPA and related laws, including consent records and communication practices. Failure to provide documentation may result in suspension or termination.

Suspension and Termination

AIM may suspend or terminate access at any time for any reason, including nonpayment, chargebacks, suspected fraud, system abuse, or violation of this Agreement. AIM may delete Account data following termination.

Updates to Agreement

AIM may update this Agreement at any time. Continued use constitutes acceptance of modifications.

Governing Law and Venue

This Agreement is governed by Florida law. All disputes must be brought exclusively in courts located in Orange County, Florida. The Account consents to personal jurisdiction and venue.

Notices

Legal notices must be sent to legal[@]go321.com.

Entire Agreement

This Agreement constitutes the complete agreement and supersedes all prior agreements or understandings

Acceptance

By creating an Account, logging in, adding a Payment Method, submitting payment, or using AIM, the Account agrees to be bound by this Agreement.