Terms of Service

Agreement to These Terms

By accessing or using the website at trendwisebizservices.com (the “Site”), by creating or accessing an account on the Trendwise Platform (defined below), or by purchasing any service from us, you agree to be bound by these Terms of Service (“Terms”).

The Site and the Trendwise Platform are operated by Trendwise Business Services, a trade name of K. McKay Larsen EA, Ltd. (“Trendwise,” “we,” “us,” or “the Company”), a Nevada limited company based in Las Vegas, Nevada.

If you do not agree to these Terms, do not use the Site, the Platform, or our services.

Key Terms

• “Platform” means the Trendwise-branded customer relationship management, website hosting, automation, and messaging environment we make available to Clients, together with any client portal, dashboard, or sub-account we provision.
• “Client” means a business or individual that has purchased a service package, add-on, or subscription from us.
• “End User” means any individual who interacts with a Client’s website, forms, chat widget, telephone number, or messaging campaigns operated through the Platform — typically a Client’s own customer or prospective customer.
• “Client Data” means all data a Client uploads to, generates within, or collects through the Platform, including End User contact records, message history, and consent records.
• “Visitor” means any person who accesses the Site without being a Client.

What This Site Is and Is Not

The Site serves two functions: it provides general information about our services, and it allows prospective clients to submit an inquiry.

Nothing on the Site constitutes professional business, financial, tax, accounting, or legal advice. No professional relationship is established by visiting the Site or submitting a contact form. A formal engagement begins only upon execution of a written services agreement signed by both parties.

What We Deliver

We offer tiered service packages and à la carte add-ons. The specific deliverables, fees, and timelines applicable to your engagement are set out in your signed services agreement, order form, or the package description in effect at the time of purchase. Where those documents conflict with these Terms, the signed services agreement controls.

Delivery estimates. Any stated delivery timeframe — including any 48-hour build estimate — is a good-faith target contingent on your timely provision of complete and accurate onboarding information, brand assets, and account access. Delivery time does not begin until we have received everything reasonably required to build. We are not liable for delays caused by incomplete, inaccurate, or late Client submissions, or by third-party platform outages, telecommunications carrier review periods, or domain and DNS propagation.

Changes to service composition. We may modify, substitute, or discontinue individual features of a package where an underlying technology provider changes or discontinues its offering, provided the package as a whole remains substantially equivalent in function. We will give reasonable notice of material changes.

Payments and Subscriptions

Setup fees. One-time setup fees are due before work begins and are non-refundable once buildout has commenced, except as required by law.

Recurring subscriptions. Monthly service fees are billed in advance on a recurring basis to the payment method on file. By providing a payment method, you authorize us and our payment processor to charge that method on a recurring basis until you cancel.

Automatic renewal. Subscriptions renew automatically each month until cancelled. You may cancel at any time by providing written notice to the contact address below. Cancellation takes effect at the end of the current billing period. We do not provide partial-month refunds.

Price changes. We may change recurring fees upon thirty (30) days’ written notice. Continued use after the effective date constitutes acceptance. If you do not accept a price change, your sole remedy is to cancel before it takes effect.

Failed payments. If a payment fails, we may suspend Platform access, including your website, messaging automations, and telephone number routing, after reasonable notice. Accounts unpaid for sixty (60) days may be terminated and their data deleted.

Taxes. Fees are exclusive of applicable sales, use, or telecommunications taxes and surcharges, which are your responsibility.

Your Account Responsibilities

We may issue Platform credentials to you or to individuals you designate. You are responsible for:

• Maintaining the confidentiality of all credentials
• All activity occurring under your account, whether or not authorized by you
• Promptly notifying us of any suspected unauthorized access
• Ensuring that anyone you grant access to is bound by obligations no less protective than these Terms

You may not share credentials with, resell access to, or sublicense the Platform to any third party without our prior written consent.

Messaging Compliance — Your Obligations

The Platform includes automated telephone and text messaging functions, including missed-call text-back, appointment reminders, review requests, lead nurture sequences, and broadcast campaigns. These functions transmit messages to End Users. You, the Client, are the sender of those messages and the party responsible for the lawfulness of that contact.

By using the Platform, you represent, warrant, and covenant on a continuing basis that:

1. Consent. You have obtained, and will maintain, all consents legally required to contact each End User by telephone call and text message for the purposes for which messages will be sent. For any promotional or marketing message, this means prior express written consent that meets the requirements of the Telephone Consumer Protection Act and its implementing regulations.
2. Provenance of uploaded lists. Every contact record you upload to, import into, or enter in the Platform was obtained directly from the End User by you or on your behalf. You will not upload purchased, rented, scraped, appended, or otherwise third-party-sourced contact lists. You will not upload contacts who gave consent to a different business.
3. Consent records. You maintain records sufficient to evidence the date, time, method, and exact language of each End User’s consent, and you will provide those records to us promptly on request.
4. Do-not-contact compliance. You will honor all opt-out requests promptly and will not re-contact any End User who has opted out. You will not remove, disable, circumvent, or instruct us to remove or disable any opt-out mechanism.
5. Content. You will not use the Platform to send messages relating to sex, hate speech, alcohol, firearms, tobacco or vaping products, cannabis or CBD, illegal substances, gambling, high-risk financial offers, debt relief, payday or short-term lending, get-rich-quick schemes, or any other content prohibited by applicable law or by telecommunications carrier policy.
6. Registration accuracy. All information you provide for the purpose of registering an application-to-person messaging campaign with carriers or their registry is true, accurate, and complete, and you will update it promptly if it changes.
7. Your own published policies. You will publish and maintain, on the website through which you collect End User contact information, a privacy policy and terms of service that accurately describe your messaging practices and satisfy applicable carrier requirements. We may provide templates as a convenience; you remain solely responsible for their accuracy, adequacy, and legal sufficiency as applied to your business.

How We May Contact You

Consent. By providing your mobile telephone number to us — through the Site, an intake form, a services agreement, or by texting us directly — you consent to receive text messages from Trendwise at that number. Message frequency varies. Message and data rates may apply.

Message types. You may receive: (i) transactional and account messages, including onboarding notices, build status updates, appointment confirmations, billing notices, and support responses; (ii) conversational two-way replies to messages you send us; and (iii) marketing messages regarding our services, offers, and updates.

Opting out. Reply STOP to any message to opt out. You will receive one confirmation message and no further texts other than those you initiate. Reply START to resume. Reply HELP for assistance, or contact us at the email or address in Section 20.

Carrier disclaimer. Mobile carriers are not liable for delayed or undelivered messages.

Number ownership. You represent that you are the subscriber or customary user of the mobile number you provide and are authorized to consent to receive messages at it. You agree to notify us promptly if the number is reassigned or you no longer control it.

Rules of Use

You may use the Site and Platform for lawful purposes only. You agree not to:

• Submit false, misleading, or fraudulent information through any form or during onboarding
• Attempt to gain unauthorized access to any portion of the Site, Platform, or underlying systems
• Use the Site or Platform in any manner that could damage, disable, overburden, or impair operation
• Harvest or collect information about other users
• Use automated tools, bots, or scrapers to access or index the Site, except for well-behaved search engine crawlers
• Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Platform
• Use the Platform to build or assist in building a competing service
• Send unsolicited commercial messages of any kind
• Use the Site or Platform for any purpose violating applicable federal, state, or local law

Ownership of Content and Work Product

Our property. The Site, the Platform, our templates, workflow configurations, automation logic, documentation, training materials, brand names, logos, and the overall look and feel of our materials are the property of K. McKay Larsen EA, Ltd. or our licensors and are protected by intellectual property law. Except for the limited license in this Section, no rights are granted to you.

License to you. During your paid subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and the deliverables we build for you, solely for operating your own business.

Your content. You retain ownership of your logo, brand assets, business content, and Client Data. You grant us a non-exclusive license to host, copy, display, modify, and transmit that material solely as necessary to provide the services.

Portfolio use. We may identify you as a client and display screenshots of work performed for you in our portfolio and marketing materials, unless you notify us in writing that you prefer we not.

Third-party content you supply. You represent that you hold all necessary rights to any content, images, testimonials, or reviews you supply. Where you supply customer testimonials or reviews, you represent that they are genuine, accurately attributed, and used with any consent required.

Underlying Infrastructure

The Site and Platform are built on and integrate with third-party infrastructure providers, including hosting and security providers, customer relationship and marketing automation infrastructure, payment processors, telecommunications and messaging providers, and workflow integration services.

Your use of the services is therefore also subject to the terms and policies of those underlying providers where applicable. We do not control and are not responsible for the availability, performance, security practices, or acts and omissions of third-party providers. Service interruptions, feature changes, or data incidents originating with a third-party provider are outside our control.

The Site and Platform may contain links to third-party websites. Links do not constitute endorsement.

Informational Purposes Only

All content on the Site and all general guidance we provide regarding marketing, messaging, or compliance is for general informational purposes only. It does not constitute business consulting, tax, accounting, legal, or financial advice and should not be relied upon as such.

We make no representations or warranties regarding the accuracy, completeness, or suitability of any information for any particular purpose. Any reliance is at your own risk. You should obtain independent legal advice regarding your messaging and data practices.

As-Is Provision of Services

THE SITE, THE PLATFORM, AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site or Platform will be uninterrupted, timely, secure, or error-free, that messages will be delivered, that any particular deliverability rate will be achieved, or that carriers will approve any messaging campaign.

No results guarantee. We make no guarantee regarding lead volume, conversion rates, search ranking, review acquisition, revenue, or any other business outcome. Marketing results depend on factors outside our control, including your market, pricing, service quality, and responsiveness to leads.

Limits on Our Responsibility

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, K. McKAY LARSEN EA, LTD. AND ITS PRINCIPALS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE SITE, THE PLATFORM, OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate cap.

• For a Visitor who is not a Client, our total aggregate liability shall not exceed one hundred dollars ($100.00).
• For a Client, our total aggregate liability for all claims arising in any twelve-month period shall not exceed the total fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

Exclusion. The limitations in this Section do not apply to your indemnification obligations under Section 15, to your payment obligations, or to liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the above may not apply to you.

Your Obligation to Defend Us

You will defend, indemnify, and hold harmless K. McKay Larsen EA, Ltd., its principals, employees, and agents from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, settlement, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to:

1. Any message sent through the Platform by you or on your behalf, including any claim under the Telephone Consumer Protection Act, any state telemarketing or consumer protection statute, the CAN-SPAM Act, or any analogous law;
2. Any allegation that an End User did not consent, or did not validly consent, to being contacted;
3. The provenance, accuracy, or lawfulness of any contact data you provided;
4. Your breach of Section 7 (Client Responsibilities Regarding Consent and Contact Data);
5. Any content, image, testimonial, review, trademark, or other material you supplied, including any claim of infringement, misappropriation, defamation, or false advertising;
6. Your breach of these Terms or violation of applicable law;
7. Any dispute between you and an End User or between you and a third party.

We will notify you of any claim subject to indemnification and may participate in the defense with counsel of our choosing at our expense. You may not settle any claim in a manner that imposes obligation or admission on us without our prior written consent.

When and How the Relationship Ends

Term. These Terms apply from your first use of the Site or Platform and continue until terminated.

Termination by you. You may cancel your subscription as described in Section 5.

Termination by us. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, fail to pay, use the services unlawfully, or if a carrier, registry, or third-party provider requires it. We may also terminate for convenience on thirty (30) days’ written notice, in which case we will refund any prepaid fees covering the period after termination.

Effect of termination. On termination, your license to the Platform ends, your Platform-hosted website and automations will be taken offline, and telephone numbers provisioned through us may be released or reassigned by the carrier. Custom creative assets you have paid for remain yours.

Survival. Sections 7, 10, 12, 13, 14, 15, 16, 17, and 18 survive termination.

Jurisdiction and Dispute Resolution

These Terms are governed by the laws of the State of Nevada, without regard to conflict of law provisions.

Any dispute arising from these Terms or your use of the Site, Platform, or services shall be resolved exclusively in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction of those courts.

Attorneys’ fees. In any action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys’ fees and costs.

Policy Updates

We may update these Terms at any time. When we do, we will revise the “Last Updated” date above. For material changes affecting Clients, we will provide notice by email or through the Platform at least thirty (30) days before the change takes effect. Continued use after the effective date constitutes acceptance.

Miscellaneous Provisions

• Entire agreement. These Terms, together with your signed services agreement and our Privacy Policy, constitute the entire agreement between us regarding the subject matter.
• Severability. If any provision is held unenforceable, the remainder continues in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including carrier outages, third-party platform failures, natural disasters, or governmental action.

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