Terms of Use

Last Updated: April 30, 2026

Welcome to Battle Plan Marketing, LLC! These Terms of Use (“Terms”) govern your access to and use of our website www.battleplan-marketing.com and our software-as-a-service (SaaS) platform app.battleplan-marketing.com (collectively, the “Services”).

Battle Plan Marketing, LLC (“Company,” “we,” “us,” or “our”) is a California limited liability company. By accessing our Services, you agree to these Terms. If you do not agree, do not use our Services.

1. Acceptance of Terms

By visiting our website, using our SaaS platform, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agreed to these Terms. If you are using our Services on behalf of a company, you confirm that you have the authority to bind that company to these Terms.

We reserve the right to deny access to any user at our discretion. You must review these Terms periodically, as continued use after any modifications constitutes acceptance of the updated Terms.

2. Use of the Services

Battle Plan Marketing, LLC provides AI-driven automation, lead management, appointment scheduling, and related marketing services for home service companies. You agree to use our Services only for lawful purposes.

Prohibited activities include:

• Attempting to disrupt the platform.
• Using AI tools to send spam, misleading, or harmful communications.
• Violating laws or third-party rights through AI interactions.

3. Guarantees & Refund Policy

A. 100% Satisfaction Guarantee (First 30 Days)

We are committed to providing high-quality services and customer satisfaction. Battle Plan Marketing, LLC offers a 100% customer satisfaction guarantee for the first 30 days. If you are not satisfied for any reason and cancel within 30 days of your subscription start date, we will refund your subscription charges in full. The refund does not include charges for usage of phone numbers, calls, texts, emails, or AI usage.

B. The Battle Plan Marketing Guarantee (45-Day Performance)

You risk nothing. If we don’t deliver a 20% increase in booked appointments within 45 days, just say the word—we will cancel the service and refund everything you paid. This performance guarantee is designed to ensure you only pay for results. After this period, or if the performance metric is met, all payments are non-refundable unless explicitly stated otherwise.

C. Exclusions & Usage Fees

Standard messaging rates apply for all phone tracking numbers, calls, texts, emails, and AI-generated interactions. These specific usage fees are non-refundable regardless of the guarantee period.

4. Intellectual Property Ownership

All content and intellectual property within our software platform, including but not limited to automations, campaigns, AI prompts and instructions, and email campaigns, are the exclusive property of Battle Plan Marketing, LLC. This content is protected by copyright, trademark, and other intellectual property laws.

Users are granted a personal, non-transferable, non-exclusive license to access and use the platform content solely for their internal business purposes in connection with the services provided by Battle Plan Marketing, LLC. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the content is strictly prohibited.

5. Login Credentials & Account Security

You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. Any activity that occurs under your account, whether authorized or unauthorized, is your responsibility. If you suspect any unauthorized access or misuse of your account, you must notify Battle Plan Marketing, LLC immediately.

We reserve the right to suspend or disable your login credentials at any time, for any reason or no reason at all, including but not limited to violations of these Terms. Platform accounts are non-transferable, and you are responsible for implementing security measures to prevent unauthorized access.

By using our Services, you grant Battle Plan Marketing, LLC permission to access and monitor your account and your customer accounts as necessary for support, security, compliance, and enforcement of these Terms.

6. Fees & Payment

All SaaS subscriptions are billed on a recurring basis as outlined in your plan. Payments are non-refundable unless explicitly stated otherwise (see Section 3). Failure to pay may result in account suspension or termination.

7. Standard Messaging Rates & Usage Fees

By using Battle Plan Marketing, LLC’s Services, you acknowledge and agree that standard messaging and usage rates apply for certain services, including but not limited to:

• Phone tracking numbers
• Call forwarding and call recording
• SMS/MMS text messaging
• Email marketing and automated AI-generated emails
• AI-powered chat and phone interactions

These fees are billed separately based on actual usage and are non-refundable. The pricing for these services is subject to change based on our third-party providers.

8. Termination & Suspension

We reserve the right to suspend or terminate your account at any time for violation of these Terms, non-payment of fees, or any misuse of the platform. You may cancel your subscription at any time, but refunds are only available within the parameters of the guarantees outlined in Section 3.

9. Data Privacy & Security

We take security seriously but do not guarantee that our platform is free from data breaches. Use at your own risk. See our Privacy Policy for more details.

10. Indemnification

You agree to indemnify and hold harmless Battle Plan Marketing, LLC from any claims, losses, damages, or legal actions arising from your use of our Services.

11. AI Disclaimer & Limitations of Liability

Battle Plan Marketing, LLC includes AI-powered tools, and you acknowledge that:

• AI Responses Are Not Guaranteed to Be Accurate: AI-generated responses may be incorrect or inappropriate. We are not liable for errors, misinterpretations, hallucinations, or failed communications generated by AI.
• No Professional Advice: The AI does not provide legal, financial, medical, or expert professional advice.
• Technical Failures: System outages, third-party integrations, or external factors may cause disruptions. We are not liable for missed leads, appointment failures, or lost revenue due to these issues.
• Third-Party Integrations: Our software may integrate with CRMs, phone systems, and payment providers. We are not responsible for failures or security breaches related to third-party services.

BY USING OUR SAAS PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT AI-GENERATED RESPONSES MAY CONTAIN ERRORS, AND YOU WAIVE ALL CLAIMS AGAINST BATTLE PLAN MARKETING, LLC FOR SUCH ERRORS.

12. EXHIBIT B: ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

AI features of the platform may not be used in any manner that violates laws, regulations, or industry standards, including but not limited to data protection (e.g., GDPR, CCPA/CPRA), financial compliance (e.g., PCI DSS), or automated decision-making processes with legal or significant effects.

AI features may not be used to discriminate against any person or group based on protected characteristics nor to engage in defamatory, harassing, bullying, or inappropriate behavior.

Transparency: Users must disclose when interacting with AI-based voice or chatbot systems. AI features may not be used to generate advice typically provided by licensed professionals.

AI Content: All assets created through generative AI must be professional and respectful. Offensive, abusive, discriminatory, or harassing content is strictly prohibited. Users must take necessary steps to protect confidential and sensitive user and customer information.

System Integrity: AI usage may not overload, disable, or impair websites, nor launch automated systems (e.g., robots, spiders, offline readers) that send excessive requests beyond human capability. AI features may not be used to spread misinformation, engage in malicious activities, or harm individuals or society.

13. SMS Text Messaging Compliance

By providing your mobile phone number through our website, chat systems, forms, or other communication methods, you consent to receive SMS text messages from Battle Plan Marketing. Messages may include service updates, marketing offers, reminders, or customer service follow-ups.

14. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL ALWAYS BE ACCURATE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: BATTLE PLAN MARKETING, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PAST 12 MONTHS.

16. Compliance with California Law (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act. We do not sell your data. In accordance with California law:

• Right to Know: Details about personal information we collect and use.
• Right to Delete: Request deletion of your data, subject to legal exceptions.
• Right to Opt-Out: Opt out of any potential “sale” or “sharing” of your personal information.
• Right to Non-Discrimination: Exercising rights will not affect access to Services.
• Right to Limit: You may request we limit the use of sensitive personal information.

To exercise these rights, click the "Your Privacy Choices" link in our footer or contact privacy@battleplan-marketing.com.

17. Governing Law & Dispute Resolution

These Terms shall be resolved in accordance with the laws of California. All disputes shall be settled in the courts of Riverside County, California, or through binding arbitration under the American Arbitration Association (AAA) rules. Users waive the right to participate in a class action lawsuit.

18. Affiliated Services & Separate Terms

Battle Plan Marketing, LLC operates various specialized platforms and tools, including but not limited to DriftFindrAI (https://driftfindrai.com). These Terms govern your overarching relationship with Company. Specific services like DriftFindrAI are subject to their own supplemental terms. All rights and limitations afforded to Battle Plan Marketing, LLC extend to its operation of DriftFindrAI and other Company brands.

19. Contact Information