Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at atbagency.com and the AI agent, CRM, marketing automation, and related services provided by ATB Agency LLC ("ATB Agency," "we," "us," or "our") (collectively, the "Services"). By accessing our website, requesting a demo, or entering into an agreement for our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are using the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

2Description of Services

ATB Agency provides AI-powered voice agents, website chat widgets, SMS/email automation, appointment booking, CRM tools, and related marketing services ("ATBsaasPro" and related offerings) designed to help local businesses capture, respond to, and convert leads. Specific features, pricing, and deliverables are described on our website and in any order form, proposal, or service agreement between you and ATB Agency, which will control in the event of a conflict with these Terms.

We may modify, suspend, or discontinue any part of the Services at any time, with notice where reasonably practicable.

3Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use our Services. If we provide you with account credentials (e.g., for a CRM dashboard), you are responsible for maintaining the confidentiality of those credentials and for all activity under your account. Notify us immediately of any unauthorized use.

4Acceptable Use

You agree not to use our website or Services to:

• Violate any applicable law, regulation, or third-party right, including intellectual property, privacy, or telemarketing/anti-spam laws (such as the TCPA, CAN-SPAM, and CTIA/carrier guidelines);
• Send unsolicited, deceptive, or unauthorized messages, or use purchased/scraped contact lists without proper consent;
• Transmit viruses, malware, or other harmful code, or attempt to gain unauthorized access to our systems;
• Reverse-engineer, scrape, or interfere with the proper functioning of our Services; or
• Use our AI agents or automation tools to impersonate a person, misrepresent your affiliation, or engage in fraudulent or deceptive conduct.

You are solely responsible for the content you provide to configure your AI agents, knowledge bases, and campaigns, and for ensuring you have the rights and consents necessary to use that content and to contact the individuals in your lists.

5SMS / Text Messaging

If you use our Services to send SMS/text messages, or if you opt in to receive messages from ATB Agency or a business using our platform, the following applies:

• Message frequency varies; message and data rates may apply.
• Reply STOP to opt out at any time, and HELP for assistance.
• You are responsible for obtaining and documenting proper consent (opt-in) before sending marketing or promotional text messages through our platform, and for complying with the TCPA, applicable 10DLC/A2P carrier registration requirements, and all other applicable messaging laws and regulations.
• We reserve the right to suspend messaging services for any account found to be in violation of applicable consent or messaging-compliance requirements.

ATB Agency LLC ("ATB Agency"), operated by VoIP Made Simple Inc, sends automated text messages to people who opt in: replies to your inquiry or request, appointment confirmations and reminders, customer support replies, and occasional promotional offers and announcements. Message frequency varies. Message and data rates may apply. Reply HELP for help — reach us at (954) 884-8448 or info@atbagency.com. Reply STOP to opt out at any time; you will receive no further texts unless you opt back in by replying START.

See our Privacy Policy for more on how we handle SMS data.

6Fees & Payment

Fees for the Services are set out in your order form, proposal, or service agreement. Unless otherwise stated, fees are billed in advance on a recurring basis, are non-refundable, and are exclusive of applicable taxes. Late or failed payments may result in suspension of Services. You are responsible for keeping billing information current.

7Intellectual Property

ATB Agency retains all right, title, and interest in and to our website, software, AI models/workflows, templates, and other materials used to deliver the Services ("ATB Agency IP"), except for content you provide to us ("Your Content"). You retain ownership of Your Content, and you grant ATB Agency a non-exclusive, worldwide license to use, host, and process Your Content solely to provide the Services to you.

You may not copy, modify, resell, or create derivative works from the ATB Agency IP except as expressly permitted in a separate written agreement.

8Third-Party Services

Our Services may integrate with or rely on third-party platforms (e.g., telephony carriers, payment processors, scheduling tools, advertising platforms). We are not responsible for the availability, accuracy, or practices of those third-party services, which are governed by their own terms.

9Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED OUTPUTS (INCLUDING VOICE/CHAT AGENT RESPONSES) WILL BE ACCURATE OR ERROR-FREE. YOU ARE RESPONSIBLE FOR REVIEWING AND VALIDATING AI AGENT CONFIGURATIONS BEFORE DEPLOYING THEM TO CUSTOMERS.

10Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATB AGENCY LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO ATB AGENCY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

11Indemnification

You agree to indemnify and hold harmless ATB Agency LLC and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, Your Content, your violation of these Terms, or your violation of any applicable law (including messaging-consent laws).

12Termination

We may suspend or terminate your access to the Services for violation of these Terms, non-payment, or as otherwise set out in your service agreement. You may cancel your Services in accordance with the terms of your order form or service agreement. Sections of these Terms that by their nature should survive termination (including Sections 7, 9, 10, 11, and 13) will survive.

13Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Florida, and you consent to personal jurisdiction in those courts.

14Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of our website or Services after changes become effective constitutes acceptance of the revised Terms.

15Contact Us