TERMS OF SERVICE AGREEMENT

Effective Date: April 24th, 2025

Introduction

Welcome to sendprestige.com (the “Website”), operated by Prestige Solutions LLC (“Prestige Solutions,” “we,” “us,” or “our”). These Terms of Use (the “Agreement”) constitute a legally binding agreement between you (“you” or “User”) and Prestige Solutions LLC, and govern your access to and use of the Website, including any content, features, functionality, products, services, or materials offered through the Website (collectively, the “Services”).

By accessing or using the Website or any of our Services, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, please do not use the Website or any associated Services.

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services, or by clicking “Accept” or “Agree” when prompted, you acknowledge that you have read, understood, and agree to be legally bound by the terms of this Agreement, either on your own behalf or on behalf of the entity or organization you represent. If you do not agree to these terms, you are not authorized to access or use the Services and must discontinue use of the Website immediately.

1.2 Eligibility to Access and Use the Services

To access or use the Website and any related Services, you must meet the following eligibility criteria: (i) you must be at least 18 years of age, and (ii) you must not be a competitor of the Company, nor may you access or use the Services for any purpose that is in competition with the Company.

By using the Services, you represent and warrant that you satisfy all of the above requirements. You further represent and warrant that you have the legal authority and capacity to enter into this Agreement on your own behalf or on behalf of the entity or organization you represent. If you do not meet all of these criteria, you are not authorized to access or use the Services.

1.3 Modifications to this Agreement

We reserve the right, at our sole discretion, to modify or update this Agreement at any time. Except where changes are required for legal, regulatory, or administrative reasons, we will make reasonable efforts to provide advance notice of any material modifications before they take effect.

Unless otherwise stated, all updates or changes will become effective as of the date indicated and will apply to your continued use of the Services from that point forward. For new users, any modifications will be effective immediately upon posting.

By continuing to access or use the Services after any changes have been posted, you acknowledge and agree to be bound by the revised Agreement. We encourage you to review this page periodically to stay informed of any updates, as they are legally binding once in effect.

2. Access to the Services

2.1 Service Availability and Modifications 

We continually improve and expand our Services. As such, the Company reserves the right to modify, update, suspend, or discontinue the Services—either in part or in full—at any time and for any reason, without prior notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any losses, damages, or inconvenience resulting from the unavailability, modification, or termination of the Services.

2.2 Creating an Account

To access certain features or areas of the Services, you may be required to create an account and submit accurate, current, and complete information. You agree to keep this information updated at all times. The Company may offer various types of user accounts depending on the nature of your access or relationship with us.

If you choose to link your account with a third-party service (such as a social media platform), you authorize the Company to access, store, and use information provided by that service in accordance with its permissions and policies. All information you submit is governed by our Privacy Policy, and by creating an account, you consent to our use of your data in accordance with that policy.

2.3 Account Security and Responsibilities

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You are also responsible for all activities that occur under your account, whether or not authorized by you.  Your account is personal and may not be shared or transferred without prior written consent from the Company. You agree to take reasonable precautions when accessing your account from public or shared devices and to sign out after each session.

You must notify the Company immediately of any suspected unauthorized use of your account or other security breach. The Company will not be responsible for any loss or damage resulting from your failure to protect your account credentials. You may be held liable for any losses incurred by the Company or others due to unauthorized use of your account.

2.4 Account Suspension or Termination

We reserve the right to suspend, deactivate, or permanently delete your account at our sole discretion, with or without notice, for any reason—including, but not limited to, violations of this Agreement. Termination may result in the loss of access to your account, associated data, or any portion of the Services.

3. Policy for Using the Services

3.1 Permitted Uses

You may use the Services solely for lawful purposes and in compliance with this Agreement. You agree not to use the Services in any manner that could damage, disable, overburden, or impair the functionality of the Services or the business operations of the Company. You may use the Services for personal or commercial purposes as permitted by the Company.

3.2 Prohibited Activities

In addition to adhering to the permitted uses described above, you agree not to engage in any of the following prohibited activities when using the Services:

a. Violation of Laws or Legal Obligations: You may not violate any applicable laws or regulations, including but not limited to intellectual property laws, privacy laws, or any other contractual obligations.

b. Unsolicited Communications: You may not send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communication, whether commercial or otherwise.

c. Impersonation: You may not impersonate others or misrepresent your affiliation with any person or entity in an attempt to deceive, confuse, or mislead others.

d. Harming Minors: You may not exploit, harm, or endanger minors in any way, including exposing them to inappropriate content or collecting personally identifiable information without proper consent.

e. Compliance with Content Standards: You may not upload, display, distribute, or transmit any content that does not comply with the Content Standards outlined in this Agreement.

f. Interference with Others’ Use: You may not harass, disrupt, or interfere with the use of the Services by other users, or expose the Company or other users to potential liability, harm, or other adverse consequences.

g. Interfering with Services’ Operation: You may not use any device, software, or routine that interferes with the proper functioning of the Services. This includes, but is not limited to, actions that disrupt, disable, impair, or impose excessive burden on the infrastructure of the Services, including servers or networks.

h. Monitoring or Copying Materials: You may not copy, monitor, or distribute any part of the Services by manual or automated means, including through the use of robots, spiders, crawlers, or scrapers. However, operators of public search engines are granted limited permission to use spiders solely for creating publicly available search indices.

i. Viruses and Malicious Software: You may not upload, transmit, or distribute viruses, Trojan horses, worms, logic bombs, or other harmful materials that could damage or alter the property of others, including conducting attacks such as denial-of-service or distributed denial-of-service attacks.

j. Unauthorized Access or Security Violations: You may not attempt to gain unauthorized access to the Services or any connected systems, circumvent encryption or security codes, or engage in data mining or any form of interference with the Services' security mechanisms.

k. Reverse Engineering: You may not reverse engineer, decompile, or attempt to extract the source code or underlying information of the Services.

l. Collecting User Data: You may not collect, harvest, or assemble any personal information or data about other users without their consent, including their emails, usernames, or passwords.

m. General Interference: You may not otherwise interfere with or disrupt the proper operation of the Services.

n. Assisting Others in Violating Terms: You may not attempt or assist others in attempting any of the actions prohibited above.

3.3 Geographic Restrictions

The Company operates in the United States, specifically in the State of Washington. The Services are intended for use by individuals located within the United States and Canada only. If you choose to access the Services from any location outside of the United States or Canada, you are solely responsible for ensuring compliance with all applicable local laws. The Company makes no representation that the Services or any content provided are accessible or appropriate in locations outside of the United States or Canada.

4. Terms and Conditions of Sale

4.1 Purchasing Process

The purchasing process consists of the steps taken from selecting Services to submitting the order. This includes the following:

a. By clicking the checkout button, you will be directed to a third-party merchant checkout page, where you will be required to provide your contact details and choose a payment method.

b. After entering the required information, you must carefully review your order and confirm it by using the appropriate button or mechanism on the Website. By doing so, you accept these Terms and agree to pay the price stated, including any applicable fees or taxes.

4.2 Order Submission

When you submit an order, the following conditions apply:

a. Submitting an order constitutes the formation of a contract, obligating you to pay the specified price, taxes, and any additional fees or expenses outlined on the order page.

b. If the Service purchased requires your active participation (e.g., providing personal information, specifications, or special requests), submitting the order obligates you to cooperate accordingly.

c. Upon submission of the order, you will receive a confirmation receipt indicating that the order has been received.

All communications regarding the purchasing process will be sent to the email address you provided for such purposes.

4.3 Prices

You will be informed during the purchasing process, prior to submitting your order, of any fees, taxes, and additional costs (including, if applicable, delivery fees) that will be charged.

4.4 Methods of Payment

Payment method information will be provided during the purchasing process. Certain payment methods may be subject to additional terms or fees. Information about these conditions will be clearly available in the relevant section of the Website. All payments are processed through third-party services, and the Website does not collect any payment information, such as credit card details. The Website only receives confirmation once the payment has been successfully processed. If your payment method fails or is declined by the payment service provider, the Company is not obligated to fulfill the order. You will be responsible for any costs or fees arising from failed or declined payments.

4.5 Retention of Usage Rights

You will not acquire any rights to use the purchased Services until the total purchase price has been received and processed by the Company.

5. Contract Duration

5.1 Subscriptions

Subscriptions provide access to the Services on a continuous or recurring basis over a specified period. Paid subscriptions begin on the date payment is received by the Company. To maintain your subscription, you must pay the recurring fee on time. Failure to do so may result in service interruptions.

5.2 Fixed-term Subscriptions

Paid fixed-term subscriptions start on the date payment is received by the Company and last for the duration of the period selected during the purchasing process. Once the subscription period expires, access to the Services will be terminated unless you renew the subscription by paying the applicable fee. Fixed-term subscriptions cannot be terminated before the end of the term and will expire on the designated end date.

5.3 Automatic Renewal

Subscriptions are automatically renewed using the payment method you selected during purchase, unless you cancel the subscription within the cancellation period specified in these Terms and/or on the Website. The renewal period will be the same as the original subscription term. You will receive a reminder prior to the renewal date, with instructions on how to cancel the automatic renewal.

5.4 Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this Agreement or, where applicable, by using the relevant controls on the Website. Termination will take effect at the end of the current billing period.

5.5 Termination Notice

If the termination notice is received by the Company prior to the renewal date, the termination will take effect at the end of the current subscription period.

6. Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, in the Services, its content, features, and functionality (collectively referred to as the "Content") are owned by the Company, its licensors, or other providers of such materials. The Content is protected by U.S. and international intellectual property laws. Your access to the Services does not grant you any right, title, or interest in or to such intellectual property. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

6.2 License to Use the Services

During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for lawful business or commercial purposes in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or upon termination of this Agreement.

6.3 Restrictions on Use

The rights granted to you under this Agreement are subject to the following restrictions:

a. No Copying or Distribution: You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted by this Agreement or by features, products, or services provided to you by the Company.

b. No Modifications: You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.

c. No Exploitation: You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or Services in any manner, whether in whole or in part.

d. No Altering of Notices: You shall not remove or alter any copyright, trademark, or other proprietary notices from copies of the Content.

e. No Competitive Use: You shall not access or use the Content to create a similar or competing website, product, or service.

f. No Systematic Retrieval: You shall not use any information retrieval system to create, compile, or directly or indirectly build a database, compilation, collection, or directory of the Content or other data from the Services.

6.4 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the property of the Company or third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

7. User Content

7.1 User - Generated Content

The Services may provide features such as message boards, chatrooms, profiles, forums, and other interactive tools that allow users to post, upload, submit, publish, display, or transmit content or materials ("User Content") to other users or third parties.

You are solely responsible for the User Content you submit. Please carefully consider the content you choose to share. All User Content must comply with the Content Standards outlined below. Any User Content you submit will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, reliability, or appropriateness by other users or third parties, or any disclosure that personally identifies you or any third party. You agree that the Company will not be held liable for any User Content posted by you or any other user.

Additionally, you agree that the Company is not responsible for any loss or damage resulting from interactions with other users. Any disputes between you and other users are your sole responsibility, and the Company is under no obligation to intervene.

7.2 License to Use User Content

By submitting User Content, you grant the Company an irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, perpetual, worldwide license to use, reproduce, distribute, publicly display and perform, create derivative works of, and incorporate your User Content into other works. This includes, without limitation, using your User Content to promote, redistribute, or otherwise utilize the Services across various media and channels.

You represent and warrant that you have the necessary rights, power, and authority to grant this license for the User Content you submit. You further waive any claims against the Company for any alleged infringement of intellectual property rights related to your submitted content. Please note that all licenses are subject to the Company’s Privacy Policy with respect to personally identifiable information.

7.3 Content Standards

You agree not to send, receive, upload, transmit, display, or distribute any User Content that violates the following standards ("Content Standards"). User Content must not:

a. Violate Laws or Obligations: Violate any applicable laws or regulations, including intellectual property laws, right of privacy, or publicity laws, or any contractual or fiduciary obligations.

b. Promote Illegal Activity or Harm: Promote any illegal activities, assist in unlawful acts, or create risk of harm, loss, or damage to any person or property.

c. Infringe Intellectual Property: Infringe on any intellectual property rights, including copyrights, trademarks, patents, or trade secrets.

d. Defamatory or Harmful Material: Contain material that is defamatory, abusive, threatening, harmful, violent, obscene, offensive, or otherwise objectionable, including material that could cause emotional distress or embarrassment to others.

e. Sexually Explicit or Discriminatory Content: Promote sexually explicit content, pornography, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

f. Fraudulent Information or Impersonation: Contain false or misleading information, or misrepresent your identity or affiliation with any person or organization.

g. Imply Endorsement by the Company: Mislead others into thinking the content is provided, sponsored, or endorsed by the Company if this is not the case.

7.4 Monitoring and Enforcement

While we are not obligated to monitor User Content, we reserve the right, in our sole discretion, to:

a. Take any action with respect to User Content that we deem necessary or appropriate, including if we believe that such content violates the Content Standards or other provisions of this Agreement, or creates liability for the Company or others. This may include reporting content to law enforcement authorities.

b. Remove or reject any User Content for any reason, in our sole discretion.

c. Disclose User Content, your identity, or electronic communications to comply with legal requirements, government requests, or to protect the rights or property of the Company or others.

d. Suspend or terminate your access to all or part of the Services for any reason, including violations of this Agreement.

The Company does not review User Content before it is posted and cannot ensure the prompt removal of inappropriate content. As such, the Company and its affiliates, including officers, directors, employees, and agents, are not liable for any action or inaction concerning content submitted by users or third parties. The Company assumes no responsibility for the performance or non-performance of activities outlined in this section.

8. Copyright Infringement (DMCA Policy)

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to respond promptly to claims of copyright infringement committed using the Services and to take appropriate action, including the termination of users who are repeat infringers.

If you believe that any content available through the Services infringes upon your copyright, you may submit a DMCA-compliant notice to our designated copyright agent. To be effective, your notification must include the following:

a. A physical or electronic signature of the copyright owner or an authorized representative;

b. A clear identification or description of the copyrighted work you claim has been infringed;

c. A detailed description of the material you believe to be infringing, including sufficient information to allow us to locate it on the Services;

d. The URL or other specific location where the alleged infringing content can be found;

e. Your contact information, including your full name, mailing address, telephone number, and email address;

f. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and

g. A statement made under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Please send your DMCA notice to our designated copyright agent at:

info@sendprestige.com
1700 7th Ave, Seattle, WA 98101

Please be aware that under 17 U.S.C. § 512(f), anyone who knowingly misrepresents that material or activity is infringing may be subject to liability, including damages, costs, and attorneys’ fees, incurred by the alleged infringer or by the Company as a result of relying on such misrepresentation.

9. Feedback

If you choose to provide the Company with any comments, suggestions, ideas, or other feedback regarding the Services (“Feedback”), you acknowledge and agree that such Feedback becomes the sole and exclusive property of the Company. By submitting Feedback, you irrevocably assign to the Company all rights, title, and interest in and to the Feedback, including any intellectual property rights therein, without any expectation of compensation or attribution.

You further agree that the Company is free to use, disclose, reproduce, modify, license, distribute, and otherwise exploit any Feedback in any manner and for any purpose, without restriction or obligation to you. All Feedback submitted to the Company will be considered non-confidential and non-proprietary. Accordingly, you agree not to submit any information or materials that you consider confidential or proprietary.

10. Assumption of Risk

The information provided through the Services is intended solely for general informational purposes. While the Company strives to offer accurate and up-to-date content, it makes no representations or warranties, express or implied, as to the accuracy, completeness, reliability, suitability, or availability of any information presented.

You acknowledge and agree that any reliance you place on such information is strictly at your own risk. The Company expressly disclaims all liability and responsibility for any loss or damage resulting from your reliance, or the reliance of any other user or third party, on the information provided through the Services.

11. Privacy

To understand how the Company collects, uses, and shares your personal information, please refer to our Privacy Policy.  We are committed to protecting your privacy. All opt-in data and consent related to text messaging will not be shared with third parties, except for aggregators and service providers necessary to facilitate the delivery of SMS communications. Your mobile information will not be disclosed to third parties or affiliates for marketing or promotional purposes.

By using the Services, you acknowledge and agree to the collection, use, and sharing of your information as described in the Privacy Policy.

12. White-Labeled HighLevel CRM Services

12.1 Third-Party Platform

We offer access to white-labeled CRM services powered by the HighLevel platform. You acknowledge and agree that while these services are presented under our branding, the underlying software, infrastructure, and servers are owned and operated by GoHighLevel, an independent third-party provider.

12.2 Limitation of Liability

We are not liable for any technical or operational issues related to the HighLevel platform, including but not limited to:

• Service interruptions or downtime
• Data loss, corruption, or inaccessibility
• Security breaches or unauthorized access to user data
• Modifications to platform features, functionality, or performance
• Any other disruptions, errors, or limitations inherent to the HighLevel system

12.3 Support Limitations

While we aim to assist with general use and onboarding, issues pertaining to the core functionality or system errors of the HighLevel platform may require you to contact GoHighLevel directly at gohighlevel.com.

12.4 Data Processing

By utilizing our white-labeled HighLevel CRM services, you understand and consent that your data may be processed not only in accordance with our own privacy practices but also under GoHighLevel’s Privacy Policy and Terms of Service.

12.5 Platform Availability

We cannot guarantee the ongoing availability, stability, or specific functionality of the HighLevel platform. All changes, updates, and decisions regarding the platform are solely at the discretion of GoHighLevel and are beyond our control.

12.6 Acceptance of Risk

By choosing to use our white-labeled HighLevel CRM services, you acknowledge and accept all associated risks involved in using a third-party system. You agree to hold the Company harmless for any disruptions, issues, or damages that may arise from the use, unavailability, or changes to GoHighLevel's platform or services.

13. AI Technologies and Services

13.1 AI-Powered Features

Our Services may include or incorporate artificial intelligence ("AI") technologies, including but not limited to:

• AI-powered text for customer support
• Automated content generation and recommendations
• AI-enhanced analytics and reporting tools
• AI-driven quality assurance systems
• Voice recognition and speech-to-text conversion

13.2 Use of AI Powered Features

By accessing or utilizing our AI-powered features, you acknowledge and agree to the following:

• You may be interacting with automated artificial intelligence (AI) systems rather than live human representatives in certain situations.
• Responses and content generated by AI are produced through algorithmic processes and may not reflect human judgment or oversight.
• The AI systems may analyze your interactions, behavior, and other usage data to deliver personalized content and recommendations.
• You have the right to request assistance from a human representative at any time during an AI-driven interaction.

13.3 Data Collection for AI Systems

Our AI systems collect and process data from your interactions with our Services, which may include:

• Text inputs and responses provided through chats, messages, or other written communications
• Voice recordings when using voice-activated or voice-enabled features
• Behavioral data, such as usage patterns and user preferences
• Content you create, upload, or share via our Services
• Technical data related to your device and interaction with the Services

All data collected for AI-related purposes is handled in accordance with our Privacy Policy.

13.4 AI Training and Improvement

By using our Services, you acknowledge and agree that we may use data derived from your interactions to help train, improve, and enhance our AI systems, subject to the following safeguards:

• Privacy Protection: We will anonymize and aggregate data whenever reasonably possible to help protect your privacy.
• Data Security: We apply appropriate technical and organizational measures to safeguard any data used in AI training processes.
• Confidentiality Assurance: We will not use any of your confidential business information for AI training purposes without your explicit, prior consent.
• You can opt out of having your data used for AI training by contacting us at info@sendprestige.com.

13.5 AI-Generated Content

When our Services produce content using artificial intelligence technologies, you acknowledge and agree to the following:

• No Guarantee of Accuracy: AI-generated content is created through automated processes, and we do not warrant its accuracy, completeness, reliability, or suitability for any particular purpose.
• User Responsibility: You are solely responsible for reviewing, evaluating, and verifying any AI-generated content before relying on it for business decisions or other uses.
• No Professional Advice: AI-generated content should not be interpreted or used as a substitute for professional advice, including but not limited to legal, medical, financial, or other expert guidance.
• Monitoring and Moderation: We reserve the right to monitor, moderate, and, at our discretion, remove any AI-generated content that violates our policies, terms, or applicable laws.
• Policy Enforcement: Any AI-generated content that is found to be inappropriate, unlawful, or otherwise non-compliant with our Terms may be removed without notice.

13.6 Intellectual Property for AI-Generated Content

When using our Services that incorporate AI technologies, you acknowledge and agree to the following terms regarding intellectual property:

• Company Ownership: The Company retains all intellectual property rights in and to the AI systems, algorithms, models, and underlying technologies used to generate content.
• License to Use AI-Generated Content: Subject to your compliance with these Terms, you are granted a non-exclusive, worldwide, royalty-free license to use, reproduce, and display content generated by our AI systems based on your inputs or instructions, solely for your internal business purposes.
• No Ownership of AI Technologies: This license does not grant you any rights or ownership interest in the AI models, systems, or proprietary technologies used to create the content.
• Similar Content Disclaimer: Due to the nature of generative AI, we reserve the right to produce similar or identical content for other users based on their own inputs.
• Responsibility for Use: You are solely responsible for ensuring that your use of any AI-generated content does not infringe on any third-party rights, including copyrights, trademarks, or other intellectual property.

13.7 AI Usage Limitations

When using our AI-powered features or technologies, you agree to use them responsibly and in accordance with the following restrictions. You must not:

• Violate Policies or Laws: Generate, upload, or disseminate content that violates these Terms, our Content Standards, or any applicable local, national, or international laws and regulations.
• Create Misleading Media: Use AI technologies to produce deepfakes or other deceptive synthetic media without clearly disclosing that the content is artificially generated.
• Impersonate Others: Use AI systems to impersonate any individual, entity, or organization without their explicit consent.
• Harass or Spam: Employ AI tools to automate spamming, harassment, or other abusive or disruptive behavior.
• Probe or Abuse the System: Attempt to test, manipulate, exploit, or intentionally misuse the AI systems in ways that may cause harm, produce unsafe outputs, or undermine system integrity.
• Extract Proprietary Data: Attempt to reverse-engineer, extract training data, model parameters, or any confidential or proprietary information from our AI systems.
• Develop Competing Solutions: Use our AI systems or outputs to develop, train, or support any competing AI technologies, services, or platforms.

13.8 Transparency and Human Oversight

We are committed to the ethical and responsible use of artificial intelligence. As part of this commitment, we ensure the following practices are upheld:

• Disclosure of AI Use: We will clearly inform you when content is generated by AI or when you are interacting with an AI system rather than a human representative.
• Human Supervision: Our AI technologies operate under human oversight. We maintain human supervision to ensure appropriate use, accountability, and intervention when necessary.
• Bias, Safety, and Security Reviews: We regularly evaluate our AI systems to identify and mitigate risks related to bias, safety, and data security.
• Reporting Mechanisms: We provide clear channels for you to report concerns or issues related to AI-generated content or interactions.
• Human Intervention Options: You have the right to request human assistance or intervention at any point during your interaction with AI systems.

13.9 Changes to AI Technologies

Our AI technologies are continually evolving as we improve functionality, security, and performance. As such, we reserve the right to:

• Modify or Discontinue Features: Change, enhance, limit, or discontinue any AI-powered features or functionalities at our sole discretion, without prior notice.
• Adjust Data Processing Practices: Modify how our AI systems collect, process, or utilize data, consistent with our Privacy Policy and applicable laws.
• Introduce New Capabilities or Restrictions: Launch new AI capabilities or impose usage restrictions as needed to ensure responsible use and system integrity.
• Update Pricing: Adjust pricing or availability of AI-powered features in response to technological developments, operational costs, or market conditions.

We will provide notice of any material changes to our AI technologies or practices through updates to these Terms or via direct communication when appropriate.

13.10 Third-Party AI Technologies

Certain AI-powered features within our Services may utilize technology, models, or tools provided by third-party vendors. By using these features, you acknowledge and agree to the following:

• Dual Terms of Use: Your data may be processed in accordance with both our Terms and Privacy Policy and those of the respective third-party AI provider.
• Data Protection Agreements: We maintain contractual agreements with third-party AI providers to help ensure appropriate protection and handling of your data.
• Third-Party Responsibilities: We are not liable for any changes, interruptions, discontinuations, performance issues, or other impacts caused by the third-party providers of these AI technologies.
• Notification of Changes: While we do not control third-party providers, we will make reasonable efforts to notify you of any significant changes to third-party AI services that may affect your use of our Services.

13.11 Assumption of Risk for AI Technologies

By using our AI-powered features, you acknowledge and agree to the following:

• Evolving Technology: AI systems are continually evolving and may occasionally contain inaccuracies, limitations, or unexpected behavior.
• Output Accuracy: AI-generated outputs may be imprecise, incomplete, or inappropriate. We do not guarantee the accuracy, reliability, or suitability of any AI-generated content.
• User Responsibility: You assume full responsibility for any decisions, actions, or outcomes resulting from your use of AI-generated content or recommendations.
• No Guarantees: While we strive to enhance the performance and safety of our AI technologies, we do not warrant or guarantee flawless or uninterrupted operation.
• Use with Caution: You agree to use AI-generated content with appropriate judgment and discretion, especially when relying on it for important or business-critical decisions.

14. Termination

14.1 Suspension and Termination

The Company reserves the right to suspend or terminate your access to or rights to use the Services at any time, for any reason, at our sole discretion, and without prior notice, including but not limited to any breach of this Agreement. Upon termination, your access to and use of the Services will immediately cease.  The Company will not be liable to you for any suspension or termination of your access or rights under this Agreement, including the termination of your account or the deletion of your User Content.  If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.

14.2 Effect of Termination

Upon termination of this Agreement, any provisions that, by their nature, should survive termination will remain in full force and effect. This includes, but is not limited to, provisions regarding ownership of intellectual property, warranty disclaimers, and limitations of liability.  Termination of your access to and use of the Services will not relieve you of any obligations that arose or accrued prior to termination, nor will it limit any liability you may have to the Company or any third party.  You acknowledge that the termination of your access may result in the deletion of your User Content associated with your account from our databases.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT: THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES, ITEMS OBTAINED THROUGH THE SERVICES, OR DOWNLOADING ANY MATERIAL FROM THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR THIRD-PARTY LINKS. WE WILL NOT BE A PARTY TO, OR MONITOR, ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OR OTHER USERS.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES REGARDING THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE.

16. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, as well as their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Party") from and against any and all losses, claims, actions, lawsuits, damages, liabilities, penalties, interest, judgments, settlements, costs, fees (including reasonable attorneys' fees), expenses, fines, or any other expenses arising out of or related to your breach of this Agreement or your use or misuse of the Services. This includes, but is not limited to, any claims arising from your User Content or any actions taken by a third party using your account.  The Company reserves the right, at your expense, to assume exclusive control over the defense of any matter for which you are required to indemnify us, and you agree to cooperate fully in the defense or settlement of such claims.

18. Disputes

18.1 Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any conflict of law principles.

18.2 Dispute Resolution and Mandatory Arbitration

By purchasing or using any of our products or services, you expressly agree that you will resolve any dispute through binding arbitration and waive your right to bring or participate in any lawsuit against the Company.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") shall be settled by binding arbitration and not in a court of law. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the arbitration shall take place in the State of Washington, United States. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the American Arbitration Association.

The arbitrator's award shall be final and binding on all parties and may be entered and enforced in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined with an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys' fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall determine otherwise for good cause.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacity, and by doing so, you waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations with respect to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

18.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

19. Miscellaneous

19.1 Waiver

Except as explicitly stated in this Agreement, no failure by the Company to exercise, or delay in exercising, any right, remedy, power, or privilege under this Agreement shall be deemed a waiver of that right, remedy, power, or privilege. Additionally, the partial or single exercise of any right, remedy, power, or privilege shall not prevent the further exercise of that or any other right, remedy, power, or privilege.

19.2 Severability

If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining terms or provisions will not be affected. Additionally, the invalidity, illegality, or unenforceability of that specific term or provision will not impact its enforceability in any other jurisdiction.

19.3 Entire Agreement

This Agreement, along with all documents referenced herein, constitutes the complete and exclusive agreement between you and the Company regarding the subject matter addressed. It supersedes any prior or contemporaneous agreements, understandings, representations, or warranties, whether written or oral, related to the subject matter of this Agreement.

19.4 Headings

The headings and titles of sections, clauses, and parts of this Agreement are for convenience only and do not influence the interpretation of any provisions within the Agreement.

19.5 No Agency, Partnership or Joint Venture

This Agreement does not create any agency, partnership, or joint venture between you and the Company. You do not have the authority to bind the Company in any manner.

19.6 Assignment

You may not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any attempt to assign or delegate in violation of this section will be considered null and void. You will remain responsible for fulfilling your obligations under this Agreement, even if you assign or delegate them. The Company may assign or delegate its rights and obligations under this Agreement at any time. This Agreement will be binding on, and inure to the benefit of, the parties and their respective successors and assigns, subject to the assignment restrictions stated above.

19.7 Export Laws

The Services may be subject to U.S. export control laws and regulations. You agree to comply with these laws and regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act. You further agree not to transfer, whether by electronic transmission or otherwise, any materials from the Services to a foreign national or foreign destination in violation of these laws or regulations.

19.8 Unforeseeable Circumstances 

The Company shall not be held liable or responsible to you, nor considered to have defaulted or breached this Agreement, for any failure or delay in performance caused by events beyond the Company's reasonable control. Such events include, but are not limited to: acts of God; natural disasters such as floods, fires, earthquakes, or explosions; epidemics or pandemics; war, invasion, hostilities, terrorist acts, riots, or civil unrest; government orders, laws, or actions; embargoes or blockades; national or regional emergencies; strikes, labor disputes, or other industrial disturbances; shortages of power, telecommunications, or transportation facilities; or any other similar events.

19.9 Compliance with Laws

You agree to adhere to all relevant domestic and international laws, regulations, statutes, and ordinances in connection with your use of the Services, as well as your listing, purchasing, soliciting offers to purchase, and selling of items.

19.10 No Third-Party Beneficiaries

This Agreement is intended solely for the benefit of the parties involved and their respective successors and permitted assigns. Nothing in this Agreement, whether express or implied, is meant to confer any legal or equitable right, benefit, or remedy on any other person or entity.

20. SMS/Text Messages

20.1 SMS Program Description

Our SMS program sends text messages for purposes such as appointment reminders, event notifications, receipts, customer service updates, and, when you opt in, occasional promotional messages. The frequency of messages may vary based on your interactions with our services.

20.2 Opting Out

You can cancel the SMS service at any time by texting "STOP" to the shortcode provided. After you send "STOP," you will receive a confirmation via SMS that you have been unsubscribed. Once unsubscribed, you will no longer receive SMS messages from us. To rejoin, simply sign up again or text "START" to begin receiving messages once more.

20.3 Help and Support

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance or email info@sendprestige.com

20.4 Carrier Liability

Carriers are not responsible or liable for any delays, undelivered messages, or issues related to the transmission of text messages.

20.5 Message and Data Rates

Message and data rates may apply for both messages sent to you from us and messages sent by you to us. The frequency of messages may vary depending on your interactions with our services. For any questions regarding your text or data plan, please contact your wireless service provider for more information.

20.6 Recurring Messages Disclosure

By opting into our SMS program, you consent to receive recurring text messages from us to the mobile phone number you provide. The frequency and content of these messages will depend on the services you select. Please note that agreeing to receive recurring messages is not a condition for purchasing any goods or services from us.

20.7 Prohibited Content

Our SMS messages will never include:

• Phishing attempts, smishing, or social engineering tactics designed to manipulate you into revealing private information
  
  
• Any illegal content, as all messages comply with applicable federal and state laws
  
  
• Content related to sex, hate, alcohol, firearms, or tobacco (SHAFT), unless it fully adheres to federal and state laws and regulations

20.8 SMS Opt-In Data Protection

All opt-in data and consent information related to text messaging originators will not be shared with third parties, except for aggregators and service providers necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

20.9 Privacy for SMS Services

For privacy-related inquiries regarding our SMS service, please refer to our Privacy Policy: https://sendprestige.com/privacy-policy/

21. Additional Protections and Liability Waivers

21.1 Data Security Standards

We take the protection of your personal information seriously and implement reasonable technical and organizational safeguards consistent with industry standards. However, please be aware that no method of electronic transmission or storage is entirely secure. Although we strive to use commercially acceptable measures to protect your data, we cannot guarantee its complete security.

21.2 Service Level Commitment

The Company is committed to providing reliable access to the Services and aims for 99.9% uptime. However, uninterrupted availability is not guaranteed. We are not liable for any interruptions, delays, or downtime that may occur in connection with the Services.

21.3 Refund Policy

Unless explicitly stated at the time of purchase, all sales are considered final and non-refundable. Any refund issued is solely at the Company’s discretion and, if granted, will be processed to the original form of payment.

21.4 Account Information Updates

You are responsible for ensuring that your account information, including contact and billing details, is accurate and up to date, and for promptly updating it whenever any changes occur.

21.5 Reservation of Rights

All rights, titles, and interests in and to the Services and any content provided therein that are not expressly granted to you under this Agreement are hereby reserved by the Company. This includes, without limitation, all intellectual property rights, proprietary rights, and any other legal rights not explicitly conveyed to you.

21.6 Waiver of Right to Sue

BY PURCHASING OR USING OUR PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO SUE THE COMPANY IN COURT OR PARTICIPATE IN A CLASS ACTION LAWSUIT. You understand and agree that any and all disputes will be resolved solely through binding arbitration as outlined in Section 16.2. This waiver is intended to safeguard the Company from litigation of any kind, including but not limited to frivolous claims and predatory legal actions.

You agree not to initiate, participate in, or support any frivolous, vexatious, or abusive legal claims against the Company. Any attempt to bypass the binding arbitration provision through improper legal proceedings shall entitle the Company to recover all associated legal fees, court costs, and related expenses incurred in defending against such actions, regardless of the final outcome.

21.7 Covenant Not to Sue

You agree and commit that you will not initiate, file, or maintain any lawsuit, claim, or legal proceeding against the Company or any of its officers, employees, directors, affiliates, or agents in any jurisdiction for any matters arising from or related to your use of the Services, this Agreement, or any aspect of the Company's products or services.

21.8 Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

22. Contact Information

All notices regarding claims of copyright infringement must be directed to the Company’s designated copyright agent as outlined in Section 8 (Copyright Infringement). For all other inquiries, including feedback, comments, technical support requests, or general communications concerning the Services, please contact us at:

Email: info@sendprestige.com

Last Updated: April 24th, 2025

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