Battle Plan Marketing, LLC Terms of Use

Last Updated: March 18, 2025

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.

ALL USERS UNDER 18 YEARS OF AGE ARE DENIED ACCESS TO OUR SERVICES. IF YOU ARE UNDER 18, YOU MAY NOT USE THIS WEBSITE OR SOFTWARE.

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. 100% Satisfaction Guarantee & Refund Policy

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.
• Standard messaging rates apply for all phone tracking numbers, calls, texts, emails, and AI-generated interactions and are non-refundable.

After the 30-day satisfaction guarantee period, all payments are non-refundable unless explicitly stated otherwise.

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.
• 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.
• Any misuse of the platform.

You may cancel your subscription at any time, but refunds are only available within the first 30 days under our satisfaction guarantee.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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, and we are not liable for errors, misinterpretations, or failed communications.

• No Professional Advice: The AI does not provide legal, financial, or expert 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.

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), 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 religion, race, sexual orientation, gender, national/ethnic origin, political beliefs, disability, health status, trade union membership, age, or criminal convictions, nor to engage in defamatory, harassing, bullying, or inappropriate behavior.

• AI features may not be used to generate advice typically provided by licensed professionals, including but not limited to medical, financial, tax, or legal advice. Users must disclose when interacting with AI-based voice or chatbot systems.

• 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.

• 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.

• AI features may not be used in any manner prohibited by these Terms or the Code of Conduct outlined herein.

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)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA):

• Right to Know: You can request details about the personal information we collect, use, and disclose.
• Right to Delete: You can request that we delete your personal data, subject to legal exceptions.
• Right to Opt-Out: You can opt out of any potential “sale” of your personal information (we do not sell your data).
• Right to Non-Discrimination: Exercising your CCPA rights will not affect your access to our Services.

To exercise these rights, please refer to our Privacy Policy or contact us at privacy@battleplan-marketing.com.

18. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of California, without regard to conflict of law principles.

All disputes shall be resolved in the courts of Riverside County, California, or through binding arbitration under the American Arbitration Association (AAA) rules.

17. Contact Information

Support Email: info@battleplan-marketing.com
Mailing Address:
Battle Plan Marketing, LLC
30141 Antelope Rd. Ste D-438
Menifee, CA 92584