Terms of Service

Terms of Service for 998 Marketing LLC

Effective Date: December 15, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by 998 Marketing LLC, including but not limited to lead generation, data audiences, multi-channel activation, and related offerings (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

998 Marketing LLC reserves the right to update these Terms at any time. We will notify you of material changes via email or through the Services at least 30 days in advance. Your continued use after changes constitutes acceptance.

1. Definitions

- "You" or "Customer": The individual or entity subscribing to or using the Services.

- "Leads": Contact information, data, or audiences provided through the Services, including email, phone numbers, or other details.

- "A2P Messaging": Application-to-Person SMS or MMS communications sent via the Services or using Leads.

- "Sovereign": Our specialized department for wealth management lead generation.

- "We" or "998 Marketing LLC": 998 Marketing LLC, the provider of the Services.

2. Services Description

We provide lead generation Services, including:

- Proprietary Method: Done-for-you multi-channel strategies (e.g., cold email, DMs, ads, influencer outreach) to book qualified meetings.

- Pay-Per-Lead Unwarmed Audiences: Access to raw, intent-rich data lists.

- Pay-Per-Qualified Meeting: Fully activated and booked meetings.

- Bundles and Add-Ons: Combinations for enhanced targeting, such as Super Pixel for retargeting.

Services are provided on a subscription or per-use basis as detailed in your order form or agreement ("Order"). We may modify Services with reasonable notice, but will not materially reduce functionality during your active term.

3. Customer Responsibilities and Compliance

You agree to:

- Use the Services solely for lawful purposes and in compliance with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA Messaging Principles and Best Practices, and General Data Protection Regulation (GDPR).

- Obtain and maintain all necessary consents, permissions, and opt-ins from individuals before contacting them using Leads, especially for A2P Messaging or automated calls.

- Honor opt-out requests immediately: For SMS, respond to keywords like "STOP," "END," "QUIT," "CANCEL," or "UNSUBSCRIBE" by ceasing all further messages and confirming opt-out. Under TCPA, opt-outs must be processed within 10 business days.

- Identify yourself clearly in all communications (e.g., include your business name, contact info, and purpose in messages).

- Avoid prohibited content in A2P Messaging, including SHAFT categories (Sex, Hate, Alcohol, Firearms, Tobacco) unless appropriately age-gated and compliant.

- Register for 10DLC (A2P local long code) if using US SMS, ensuring campaigns comply with carrier requirements for brand and use case registration.

- Not resell, sublicense, or share Leads without our written consent.

- Maintain accurate records of consents and opt-outs for at least 5 years, and provide them upon our request for compliance audits.

- Indemnify us against any claims arising from your misuse of Leads or non-compliance.

Failure to comply may result in immediate suspension or termination of Services, without refund.

4. A2P Messaging Compliance Specifics

For any SMS/MMS facilitated or derived from our Services:

- Consent Requirements: You must have prior express written consent (e.g., via electronic signature or clear affirmative action) for marketing messages to wireless numbers. Informational messages require at least express consent. Consents must disclose message frequency, costs (e.g., "Msg&data rates may apply"), and opt-out instructions.

- Message Content: Messages must be non-deceptive, include your identity, and provide opt-out (e.g., "Reply STOP to opt out"). Limit to 160 characters for SMS; avoid spam-like language.

- Opt-Out Handling: Automatically process opt-outs and suppress future messages. Do not charge for opt-out requests.

- Quiet Hours: Avoid messaging outside 8 AM - 9 PM local time unless consented.

- Penalties: Non-compliance may lead to fines up to $1,500 per violation under TCPA, carrier blocking, or legal action. You are solely responsible for such risks.

We provide tools for compliant activation (e.g., automated sequences), but you remain responsible for end-use compliance.

5. Payment Terms

- Pricing as per your Order (e.g., $1,998/month for Pay-Per-Lead, $10,000-$25,000/month for Proprietary Method).

- Payments are due in advance via credit card or invoice (net 30 days for approved customers). Late payments incur 1.5% monthly interest.

- All fees exclude taxes, surcharges, and carrier fees, which you must pay.

- Refunds: Per guarantees (e.g., prorated for unmet meeting minimums in initial 3 months). No refunds for unused Leads or terminated Services due to your breach.

- Disputes: Notify us in writing within 60 days of invoice.

6. Data Use and Privacy

- We source data ethically from public, behavioral, and verified signals, ensuring GDPR compliance.

- You grant us a license to use your data for providing Services.

- Leads are licensed for your internal use only; you may not sell or transfer them.

- Privacy: We handle data per our Privacy Policy (incorporated herein). You must comply with data protection laws when using Leads.

- Security: We use industry-standard measures, but you are responsible for securing your account.

7. Guarantees and Warranties

- As detailed in Offers: E.g., minimum 100K leads or 10+ meetings/month, with refunds or bonuses if unmet.

- Services are provided "as is." We disclaim all warranties, express or implied, including fitness for a particular purpose.

- No guarantee of lead quality beyond stated vectors; results depend on your activation.

8. Indemnification

You agree to indemnify, defend, and hold harmless 998 Marketing LLC, its affiliates, and employees from any claims, losses, or liabilities arising from your use of Services, violation of these Terms, or infringement of third-party rights.

9. Limitation of Liability

To the fullest extent permitted by law:

- We are not liable for indirect, consequential, or punitive damages (e.g., lost profits, data loss).

- Our total liability is limited to fees paid by you in the 12 months preceding the claim.

- No liability for third-party actions, data accuracy, or your compliance failures.

10. Term and Termination

- Term: Begins on Order acceptance and continues until terminated.

- Termination: By you with 30 days' notice; by us for breach (with 15-day cure period) or immediately for AUP violations.

- Upon termination: Cease using Services; pay outstanding fees. Survival: Sections on payments, indemnity, limitations, and general provisions survive.

11. General Provisions

- Governing Law: New York, without regard to conflicts of laws. Disputes resolved via arbitration in New York City under AAA rules.

- Force Majeure: No liability for delays due to events beyond control (e.g., natural disasters).

- Assignment: You may not assign without our consent; we may assign to affiliates or successors.

- Entire Agreement: These Terms, plus any Order, constitute the full agreement.

- Severability: Invalid provisions do not affect others.

- Notices: Via email to your registered address.

For questions, contact us at: [email protected].

By using the Services, you confirm you have read, understood, and agree to these Terms.