Terms of Service - Premier Ascension

Terms of Service

Premier Ascension LLC

Effective Date: February 13, 2026

Last Updated: February 26, 2026

Table of Contents

  1. Acceptance of Terms
  2. Services Description
  3. SMS and Calling Provisions
  4. Client Responsibilities
  5. Service Limitations
  6. Payment Terms
  7. Intellectual Property Rights
  8. Privacy and Data
  9. Limitation of Liability
  10. Termination
  11. Dispute Resolution
  12. Modifications to Terms
  13. Contact Information

1. Acceptance of Terms

By accessing and using the Premier Ascension services, including our website (premier-ascension.com) and the 60-Second Response System, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.

These Terms of Service constitute the entire agreement between you and Premier Ascension LLC regarding your use of our services and supersede all prior and contemporaneous agreements, communications, and understandings.

Premier Ascension LLC reserves the right to modify these terms at any time. Your continued use of the services following any modifications constitutes your acceptance of the modified terms.

2. Services Description

Premier Ascension LLC provides AI-powered automated lead response and customer management solutions designed for water mitigation, mold remediation, and related restoration businesses. Our primary service offering is the "60-Second Response System," which automates initial customer contact response, lead qualification, and appointment scheduling.

Service Components Include:

  • Automated SMS and email response to incoming leads
  • Intelligent call routing and voice handling
  • Lead qualification and qualification scoring
  • Appointment scheduling and calendar integration
  • CRM integration and data management
  • Analytics dashboard and performance reporting
  • Onboarding and setup assistance
  • Ongoing technical support

Service Availability

We strive to maintain 99% uptime for our services, excluding scheduled maintenance windows. However, we do not guarantee uninterrupted service availability. Brief outages may occur due to maintenance, technical issues, or circumstances beyond our control.

3. SMS and Calling Provisions

TCPA Compliance: By using the 60-Second Response System, you acknowledge that you will comply with all applicable telecommunications laws and regulations, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and state-specific calling and texting regulations.

Your Obligations

  • You must obtain prior express written consent before using our system to contact any third party via SMS, call, or automated voice
  • You are responsible for maintaining proper documentation of all consents
  • You must clearly identify yourself and your business in all automated messages
  • You must provide a clear and easy method for recipients to opt out of future communications (STOP reply for SMS, etc.)
  • You must honor all opt-out requests immediately
  • You may not use our system for harassing, abusive, misleading, or illegal communications
  • You are responsible for all messages sent through your account

Do Not Call and Do Not Text Lists

You are responsible for maintaining compliance with the National Do Not Call Registry, Do Not Text registries, and state-specific lists. Premier Ascension is not responsible for your compliance violations.

Indemnification for Communications

You agree to indemnify, defend, and hold harmless Premier Ascension from any claims, damages, or legal actions arising from your use of our system for communications, including claims related to TCPA violations, unauthorized contacts, or regulatory violations.

SMS Program Requirements

The following terms apply to all SMS communications sent through the Premier Ascension SMS system:

  1. Program Name: Premier Ascension LLC SMS Program
  2. Program Description: You will receive appointment reminders, confirmations, and business updates via SMS
  3. You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
  4. Carriers are not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
  6. For privacy-related inquiries, please refer to our privacy policy: https://premier-ascension.com/privacy-policy

4. Client Responsibilities

As a client of Premier Ascension, you are responsible for the following:

Account Management

  • Maintaining the confidentiality of your account credentials and login information
  • Promptly updating your account information to ensure accuracy
  • Notifying us immediately of any unauthorized access to your account
  • Providing accurate and complete information during onboarding

Content and Communications

  • Ensuring all messages, content, and campaigns comply with applicable laws
  • Obtaining all necessary consents before contacting third parties
  • Ensuring messages are not misleading, false, or deceptive
  • Not using our service for illegal, threatening, or harassing purposes

Integration and API Access

  • Providing accurate API keys, login credentials, and integration information
  • Maintaining responsibility for any third-party platform accounts (Google, Meta, GoHighLevel, etc.) you grant us access to
  • Ensuring you have authorization to provide such access
  • Promptly revoking access if requested or if employment relationship ends

Data Quality

  • You are responsible for the accuracy and quality of data in your account
  • We are not responsible for results of poor data quality or incorrect setup

5. Service Limitations

No Guarantee of Results

While the 60-Second Response System is designed to improve lead response times and conversion rates, we make no guarantees regarding specific results. Actual results depend on many factors including business operations, market conditions, lead quality, and proper system configuration.

Service Disclaimers

  • Our service is provided on an "as-is" and "as-available" basis
  • We do not guarantee that the service will meet all your business needs or expectations
  • We do not guarantee specific performance metrics, conversion rates, or revenue increases
  • Actual performance may vary based on your industry, market, and implementation

Technical Limitations

  • Our service depends on third-party platforms (GoHighLevel, SMS providers, etc.); we are not responsible for their outages or performance issues
  • Automated systems have inherent limitations and may not capture all leads or respond in all scenarios
  • Integration with your existing systems may require technical troubleshooting and adjustments

No Professional Advice

Our service is not a substitute for professional business consulting, legal advice, or industry expertise. Premier Ascension does not provide legal, financial, tax, or business advice.

Important: Past performance is not indicative of future results. Individual results may vary significantly based on factors outside our control.

6. Payment Terms

Pricing and Billing

  • Pricing for our services is provided during the onboarding process and varies based on your service tier
  • Billing is typically monthly in advance, unless otherwise specified in your service agreement
  • You authorize Premier Ascension to charge your payment method for all fees and charges
  • All prices are in USD unless otherwise specified

Payment Methods

  • We accept credit cards, ACH transfers, and other payment methods as specified during onboarding
  • Payment processing is handled by third-party payment processors who comply with PCI compliance standards
  • Payments must be made by the due date specified in your invoice

Late Payment

  • Payment is due within 30 days of invoice date unless otherwise specified
  • Late payments may result in service suspension or termination at our discretion
  • Late payment fees of 1.5% per month (or maximum rate allowed by law) may apply

Refund Policy

  • Monthly service fees are non-refundable after the service period begins, except where required by law
  • Setup fees and one-time service fees are non-refundable
  • Cancellation during a billing period does not entitle you to refunds for that period

Price Modifications

We may modify pricing with 30 days' notice. Your continued use of the service following the price change constitutes your acceptance of the new pricing.

7. Intellectual Property Rights

Our Intellectual Property

All content, features, functionality, software, code, design, graphics, interfaces, and other materials provided by Premier Ascension are the exclusive property of Premier Ascension LLC or our licensors. This includes but is not limited to:

  • The 60-Second Response System technology and algorithms
  • Website design and layout
  • Documentation, guides, and training materials
  • Automated response templates and workflows
  • Any improvements or modifications we make during your use

License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use our services solely for your business purposes in accordance with these terms. This license does not include the right to:

  • Sublicense, sell, or transfer the service to any third party
  • Reverse engineer or attempt to derive the underlying source code or algorithms
  • Use the service for any competitive purpose
  • Copy, modify, or create derivative works of the service
  • Remove or alter any proprietary notices, labels, or marks

Your Content

You retain ownership of any content you provide to us (business information, lead data, communication templates, etc.). By using our service, you grant Premier Ascension a worldwide, royalty-free license to use, copy, modify, and display your content for the purpose of providing the service, including for analytics and performance improvement.

Feedback

Any feedback, suggestions, or feature requests you provide to Premier Ascension becomes our property and may be used by us without restriction or compensation to you.

8. Privacy and Data

Your use of Premier Ascension services is governed by our Privacy Policy, which is incorporated by reference into these Terms of Service. Please review our Privacy Policy at premier-ascension.com/privacy-policy for complete information about our data practices.

Data Handling

  • We implement industry-standard security measures to protect your data
  • We do not sell your data to third parties for their marketing purposes
  • We may use aggregated, de-identified data for analytics and service improvement
  • You are responsible for your own data backup and recovery

Third-Party Integrations

When you authorize us to integrate with third-party platforms (GoHighLevel, Google, Meta, etc.), those platforms' terms of service and privacy policies apply to your data shared with them. We are not responsible for their data practices.

9. Limitation of Liability

Disclaimer of Warranties

PREMIER ASCENSION PROVIDES THE SERVICE ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMIER ASCENSION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Exceptions

This limitation does not apply to:

  • Your indemnification obligations under Section 3
  • Either party's infringement of intellectual property rights
  • Your breach of confidentiality or data security obligations
  • Gross negligence or willful misconduct
  • Death or personal injury caused by our negligence
  • Liability that cannot be limited by law

10. Termination

Termination by You

  • You may terminate your account at any time by providing written notice to [email protected]
  • Termination is effective at the end of your current billing period unless otherwise requested
  • Early termination during a billing period does not entitle you to refunds
  • Upon termination, all rights to use the service immediately cease

Termination by Premier Ascension

We may terminate your account immediately without notice if you:

  • Violate any provision of these Terms of Service or our Privacy Policy
  • Engage in illegal activity or violate TCPA or other telecom regulations
  • Use our service to harass, abuse, or harm any individual
  • Fail to pay required fees for 30 days or more
  • Breach your data security or confidentiality obligations
  • Use our service for any purpose not authorized by these terms

We may also terminate with 30 days' written notice for any reason or no reason.

Effects of Termination

  • Access to your account and all data will be immediately disabled
  • We will delete your data according to our data retention policy
  • Outstanding fees remain due and payable
  • Sections regarding intellectual property, limitation of liability, and indemnification survive termination

11. Dispute Resolution

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms of Service, the service, or your relationship with Premier Ascension shall be resolved by final and binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) or similar arbitration organization mutually agreed upon.

Arbitration Procedures

  • Arbitration shall be conducted in Austin, Texas (unless you and Premier Ascension mutually agree otherwise)
  • The arbitration shall be conducted by a single neutral arbitrator
  • Each party shall bear its own attorney fees and costs; the arbitrator may award these costs where appropriate
  • The arbitrator's decision is final and binding and may be entered as judgment in any court of competent jurisdiction

Exceptions to Arbitration

The following disputes are excluded from arbitration and may be brought in court:

  • Claims for intellectual property infringement or misappropriation
  • Claims for breach of confidentiality obligations
  • Claims for payment of amounts due under the service agreement
  • Injunctive relief for imminent harm

Small Claims Court

Either party may pursue claims in small claims court if the claim qualifies.

Informal Resolution

Before initiating arbitration, the parties agree to attempt to resolve any dispute through good-faith negotiation. If negotiation fails, either party may proceed with arbitration.

12. Modifications to Terms

Premier Ascension may modify these Terms of Service at any time. Material changes will be provided with 30 days' written notice via email or prominently displayed on our website. Your continued use of the service following the effective date of any modifications constitutes your acceptance of the modified terms.

If you do not accept any modification, you must terminate your service by providing written notice before the effective date of the modification.

13. Contact Information

If you have questions about these Terms of Service or need to contact us for any reason: