Effective Date: October 27, 2025
Last Updated: October 27, 2025
Welcome to FreshStarts.io (the "Website"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Fresh Start Marketing Inc ("Company," "we," "us," or "our") governing your access to and use of our Website and services.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
Contact Information:
Fresh Start Marketing Inc
16113 Emiline St
Omaha, NE 68136
Email: [email protected]
Phone: 402-990-6988
Fresh Start Marketing Inc provides AI phone agents, website development, and various marketing tools and services (collectively, the "Services") to businesses. Our Services are designed for business-to-business (B2B) use only.
Our Services may include, but are not limited to:
AI-powered phone agents for customer service and appointment setting
Website design and development
Marketing automation tools
SMS and email marketing services
Analytics and reporting tools
Other marketing and business tools as may be offered from time to time
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.
Our Services are intended exclusively for business customers. By using our Services, you represent and warrant that:
You are at least 18 years of age
You are acting on behalf of a legitimate business entity
You have the authority to bind your business to these Terms
You will use the Services for lawful business purposes only
To access certain Services, you must create an account. You agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your account credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate your account at any time if:
You violate these Terms
You engage in fraudulent or illegal activities
You use the Services in a manner that could harm our business or other customers
You fail to pay for Services
You may use our Services solely for legitimate business purposes, including:
Customer service and support
Appointment setting and scheduling
Marketing and promotional activities (in compliance with applicable laws)
Business communication
Lead generation and sales activities
You agree NOT to use our Services for:
Illegal Activities:
Any illegal purpose or activity
Violation of any local, state, federal, or international law
Infringement of intellectual property rights
Prohibited Industries:
Adult content or services
Gambling or gaming
Sale of illicit drugs, substances, or products
Any illegal products or services
Harmful Activities:
Sending spam or unsolicited communications
Harassment, abuse, or threats toward any person
Distribution of malware, viruses, or harmful code
Unauthorized access to systems or networks
Collection of personal information without consent
Impersonation of any person or entity
AI Agent Misuse:
Using AI agents for purposes other than answering questions about products/services and appointment setting
Generating false, misleading, or deceptive content
Bypassing or attempting to bypass any usage restrictions
Violation of this Acceptable Use Policy may result in:
Immediate suspension or termination of Services
Legal action
Reporting to law enforcement authorities
Liability for any damages caused
Our Services are offered through various pricing models:
Subscription-based: Recurring monthly or annual fees
One-time fees: Single payments for specific services or setup
Usage-based: Charges based on consumption (e.g., call minutes, SMS messages)
Hybrid models: Combinations of the above
Specific pricing will be communicated to you prior to purchase and may be outlined in a separate Service Agreement or order form.
All fees are due as specified in your Service Agreement or invoice
Payment is processed securely through Stripe
You authorize us to charge your designated payment method for all fees
All fees are in U.S. Dollars unless otherwise specified
You are responsible for all applicable taxes, duties, and governmental charges associated with your use of the Services, except for taxes based on our net income.
Failure to pay fees when due may result in:
Late fees or interest charges
Suspension or termination of Services
Collection activities
We reserve the right to change our pricing at any time. For subscription services:
We will provide at least 30 days' notice of price increases
Price increases will take effect at your next billing cycle
You may cancel your subscription if you do not agree to the new pricing
All fees paid for our Services are non-refundable. This includes:
Subscription fees (monthly or annual)
One-time setup fees
Usage-based charges
Any other fees or charges
You may cancel your subscription at any time
Cancellations must be submitted through your account dashboard or by contacting us at [email protected]
Upon cancellation, you will retain access to Services until the end of your current billing period
No refunds will be provided for partial billing periods
You remain responsible for any charges incurred prior to cancellation
We reserve the right to terminate your access to Services at any time for violation of these Terms. In such cases, no refunds will be provided.
All content, features, and functionality of our Services, including but not limited to:
Text, graphics, logos, images, and audio
Software, code, and algorithms
AI models and training data
Design, layout, and user interface
are owned by Fresh Start Marketing Inc or our licensors and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.
"Customer Content" means any data, information, or materials you provide or generate through use of our Services, including:
Contact lists
Marketing materials
Business information
Data collected by AI phone agents on your behalf
You retain ownership of your Customer Content. By using our Services, you grant us a limited, non-exclusive license to use, store, and process your Customer Content solely to provide the Services to you.
Content generated by our AI phone agents during interactions with your customers (e.g., conversation transcripts, responses, collected data) is considered Customer Content and is owned by you, subject to our right to use such content to provide and improve the Services.
You may not:
Copy, modify, or create derivative works of our Services
Reverse engineer, decompile, or disassemble our software or AI models
Remove or alter any copyright, trademark, or other proprietary notices
Use our intellectual property without written permission
Our AI phone agents are designed to:
Answer questions about your products and services
Schedule appointments and manage calendars
Provide customer support within defined parameters
Collect information from callers as configured
You acknowledge and agree that:
AI-generated responses may occasionally be inaccurate, incomplete, or inappropriate
AI agents may misunderstand queries or provide incorrect information
AI technology has inherent limitations and cannot replace human judgment
We do not guarantee error-free operation of AI services
You are responsible for monitoring and supervising AI agent interactions
You must provide accurate training data and instructions for your AI agents
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
Any damages resulting from AI errors, misunderstandings, or inappropriate responses
Loss of business, revenue, or opportunities due to AI performance
Errors or omissions in AI-generated content
Decisions made based on AI-generated information
Any harm resulting from AI agent interactions with third parties
You assume all risk associated with using AI services and agree to indemnify us for any claims arising from your AI agent's interactions.
You are responsible for:
Monitoring AI agent performance
Providing appropriate training and context
Reviewing AI-generated content and communications
Implementing human oversight where appropriate
Correcting any errors or issues that arise
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at [link to Privacy Policy].
When using our SMS marketing services:
You must obtain proper consent before sending SMS messages
Recipients may opt out by replying "STOP" at any time
You must honor opt-out requests immediately
You are responsible for compliance with the Telephone Consumer Protection Act (TCPA) and other applicable laws
You must not send spam or unsolicited messages
Message and data rates may apply to recipients
When using our email marketing services:
You must obtain proper consent before sending marketing emails
You must include a functional "Unsubscribe" link in all marketing emails
You must honor unsubscribe requests within 10 business days
You are responsible for compliance with CAN-SPAM Act and other applicable laws
You must not send spam or deceptive emails
You are solely responsible for:
Ensuring you have proper consent to contact individuals
Compliance with all applicable marketing and privacy laws
Accuracy of contact information and targeting
Content of marketing messages
Any legal claims arising from your marketing activities
We are not responsible for your failure to comply with applicable laws.
While we strive to provide reliable Services, we do not guarantee:
Uninterrupted access to Services
Error-free operation
Specific uptime percentages
Availability during maintenance periods
We may temporarily suspend Services for:
Scheduled maintenance
Emergency repairs
Updates and improvements
Security incidents
Circumstances beyond our reasonable control
We will attempt to provide advance notice of scheduled maintenance when possible.
We do not impose specific usage limits on call minutes, SMS credits, or similar metrics unless otherwise specified in your Service Agreement. However, we reserve the right to implement reasonable limits to prevent abuse or ensure fair usage.
Our Services may integrate with or rely upon third-party services, including:
Stripe (payment processing)
Twilio (communications)
HighLevel (hosting and CRM)
Google Analytics and Microsoft Clarity (analytics)
Other service providers
Your use of third-party services is subject to their respective terms and conditions. We are not responsible for:
Third-party service availability or performance
Changes to third-party services
Third-party privacy practices or data handling
Costs or fees charged by third parties
Our Website may contain links to third-party websites. We do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites.
We warrant that we will provide the Services in a professional and workmanlike manner consistent with industry standards.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:
IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
ACCURACY, RELIABILITY, OR COMPLETENESS OF SERVICES
RESULTS OR OUTCOMES FROM USE OF SERVICES
UNINTERRUPTED OR ERROR-FREE OPERATION
NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRESH START MARKETING INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
BUSINESS INTERRUPTION OR LOSS OF GOODWILL
COST OF SUBSTITUTE GOODS OR SERVICES
DAMAGES ARISING FROM USE OR INABILITY TO USE SERVICES
DAMAGES ARISING FROM AI ERRORS OR PERFORMANCE
DAMAGES ARISING FROM THIRD-PARTY SERVICES
ANY OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $500, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Fresh Start Marketing Inc, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your use or misuse of the Services
Your violation of these Terms
Your violation of any laws or regulations
Your marketing activities, including SMS and email campaigns
Your Customer Content or data
Claims by third parties arising from your use of AI agents
Your violation of any third-party rights, including intellectual property rights
Any negligent or wrongful conduct by you or your employees/agents
This indemnification obligation survives termination of these Terms.
These Terms commence when you first access or use the Services and continue until terminated as provided herein.
You may terminate your account and these Terms at any time by:
Canceling your subscription through your account dashboard
Contacting us at [email protected]
Ceasing all use of the Services
Termination does not entitle you to any refunds.
We may suspend or terminate your access to Services immediately, without notice, if:
You breach any provision of these Terms
You engage in prohibited activities
You fail to pay fees when due
We are required to do so by law
We decide to discontinue Services (with reasonable notice)
Upon termination:
Your right to access and use the Services immediately ceases
You remain liable for all fees and charges incurred prior to termination
We may delete your account and Customer Content after a reasonable period
Sections of these Terms that by their nature should survive termination shall survive, including: payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Douglas County, Nebraska, and you hereby consent to personal jurisdiction and venue in such courts.
Before filing any legal claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 30 days.
Any claim arising from these Terms or the Services must be filed within one (1) year after the claim arose, or it will be permanently barred.
YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. You waive any right to participate in a class action lawsuit or class-wide arbitration.
These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and Fresh Start Marketing Inc regarding the Services and supersede all prior agreements and understandings.
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
Posting updated Terms on our Website with a new "Last Updated" date
Sending email notification to your registered email address
Your continued use of Services after changes take effect constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemic, internet outages, or government actions.
The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.
All notices to Fresh Start Marketing Inc must be sent to:
Fresh Start Marketing Inc
16113 Emiline St
Omaha, NE 68136
Email: [email protected]
Notices to you may be sent to the email address associated with your account and shall be deemed delivered 24 hours after sending.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
These Terms are prepared in English. If translated into other languages, the English version shall control in case of any conflict.
If you have any questions about these Terms or our Services, please contact us:
Fresh Start Marketing Inc
16113 Emiline St
Omaha, NE 68136
Email: [email protected]
Phone: 402-990-6988
BY USING FRESHSTARTS.IO AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.