Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("You," "User," or "Subscriber") and FunditandScale, LLC, DBA RevStack AI ("RevStack AI," "Company," "we," "us," or "our"), governing your access to and use of the website located at https://getrevstackai.com (the "Site"), our software-as-a-service platform, and all related tools, features, applications, and services (collectively, the "Services").

BY CREATING AN ACCOUNT, SUBSCRIBING TO A PLAN, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

2. Electronic Agreement and E-SIGN Consent

By clicking "I Agree," "Sign Up," "Start Free Trial," or any similar button, or by otherwise accessing this website or using the Services, you consent to transact business electronically and agree that your electronic acceptance constitutes your signature, acceptance, and agreement as if you had signed these Terms in writing. This consent is provided pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in applicable states.

3. Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract in order to use the Services. By using the Services, you represent and warrant that you meet these requirements. If you are accessing the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Account Registration and Security

To access certain features of the Services, you must create an account by providing accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at Support@GetRevStackAI.com of any unauthorized use of your account or any other breach of security.

5. Subscription Plans and Payment

5.1 Subscription Plans

The Services are offered on a subscription basis with various plan tiers as described on the Site. Features, usage limits, and pricing vary by plan. We reserve the right to modify, add, or discontinue subscription plans at any time.

5.2 Billing and Payment

By subscribing to a paid plan, you authorize us (or our third-party payment processors, Stripe and Fast Pay Direct) to charge the applicable subscription fees to your designated payment method on a recurring basis. All fees are quoted in U.S. dollars unless otherwise stated.

5.3 Price Changes

We may adjust pricing for our Services at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least thirty (30) days' prior written notice.

5.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, or similar taxes imposed by any governmental authority with respect to your use of the Services, excluding taxes based on our net income.

5.5 Late Payments and Suspension for Non-Payment

If any payment is not received by us by the due date, we reserve the right to: (a) charge interest on the overdue amount at a rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less; (b) suspend your access to the Services until all outstanding amounts are paid in full; and (c) engage a collection agency or pursue legal remedies to recover unpaid fees.

6. Free Trials and Promotional Offers

We may offer free trials or promotional pricing from time to time. Unless you cancel before the end of the trial or promotional period, your account will automatically convert to a paid subscription at the then-current standard rate.

7. Cancellation and Refunds

7.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting us at Support@GetRevStackAI.com. Cancellation will be effective at the end of your current billing period. No prorated refunds will be issued for partial billing periods.

7.2 Cancellation by Us

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. If we terminate your account without cause, we will provide a prorated refund for any prepaid, unused portion of your subscription.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, icons, images, audio clips, data compilations, and the arrangement thereof, are the exclusive property of RevStack AI or its licensors and are protected by United States and international intellectual property laws. "RevStack AI," our logos, and all related names, marks, and slogans are trademarks of FunditandScale, LLC.

8.2 Your Content

You retain all ownership rights in the data, content, and materials you upload, submit, or transmit through the Services ("Your Content"). By using the Services, you grant RevStack AI a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, and display Your Content solely as necessary to provide, operate, and improve the Services.

8.3 Feedback

If you provide suggestions, ideas, or feedback regarding the Services ("Feedback"), you hereby assign to RevStack AI all rights in such Feedback and agree that we may use it without restriction or compensation to you.

9. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You agree NOT to:

• Use the Services to send unsolicited bulk messages (spam) in violation of the TCPA, CAN-SPAM Act, or any other applicable law
• Upload or transmit any content that is unlawful, defamatory, obscene, harassing, or that infringes third-party rights
• Attempt to gain unauthorized access to any portion of the Services or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse-engineer, decompile, or disassemble the Services
• Resell, sublicense, or transfer access to the Services without our prior written consent
• Use automated scripts or bots to access the Services in a manner that exceeds reasonable use
• Use the Services to transmit any malware, viruses, or other harmful code

10. Third-Party Services and Integrations

The Services integrate with third-party services, including Stripe, Fast Pay Direct, Twilio, Google Analytics, Facebook/Meta, HubSpot, and Go High Level. Your use of such third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability or reliability of any third-party service.

11. Express Consent to Receive Communications

BY PROVIDING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, OR OTHER CONTACT INFORMATION TO REVSTACK AI, YOU PROVIDE YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM REVSTACK AI AND ITS AUTOMATED SYSTEMS, INCLUDING:

• SMS and MMS text messages
• Telephone calls, including calls using an ATDS, prerecorded voice messages, and/or artificial voice technology
• Ringless voicemail drops
• Email communications (transactional, service-related, and marketing)
• Messages via social messaging platforms
• Push notifications, in-app messages, and mobile wallet notifications

Message frequency varies. Standard message and data rates may apply. Consent to receive marketing messages is not a condition of purchase. Compatible with all major U.S. wireless carriers including AT&T, T-Mobile, Verizon, Sprint, and others.

11.1 SMS/Text Messaging Program Details

• Program Name: RevStack AI Notifications
• Message Frequency: Message frequency varies based on your account activity, service interactions, and communication preferences
• Message and Data Rates: Standard message and data rates may apply depending on your wireless carrier and plan
• Opt-Out: Reply STOP to any message to unsubscribe from SMS/MMS messages. You will receive a single confirmation message after opting out. No further messages will be sent unless you re-opt-in.
• Help: Reply HELP to any message for assistance, or contact Support@GetRevStackAI.com
• Carriers: Carriers are not liable for delayed or undelivered messages
• Consent is not a condition of purchase

11.2 A2P Messaging Compliance

RevStack AI sends Application-to-Person (A2P) messages in compliance with all applicable carrier requirements, the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, and 10DLC registration standards. The following applies to all SMS and MMS messaging conducted through the Services:

• No Sharing of Opt-In Data: We do not sell, rent, lease, or share your phone number, SMS opt-in status, or consent data with any third parties for their own marketing or promotional purposes.
• Message Content: Messages sent from RevStack AI may include appointment confirmations, service reminders, follow-up communications, review requests, promotional offers, and account notifications related to your use of the Services.
• Opt-In Confirmation: When you provide your phone number and consent to receive text messages, you may receive an initial confirmation message verifying your opt-in. This message will include instructions on how to opt out (reply STOP) and how to get help (reply HELP).
• Record Keeping: We maintain records of all SMS opt-in consents, including the date, time, method of consent, and the specific language presented at the time of opt-in, for a minimum of five (5) years.
• TCPA Compliance: All text messages are sent in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the rules and orders of the Federal Communications Commission (FCC). We do not send text messages to numbers on the National Do Not Call Registry unless prior express consent has been obtained.
• Quiet Hours: We make commercially reasonable efforts to limit messaging to the hours of 8:00 AM to 9:00 PM in the recipient's local time zone, unless the message is in direct response to a user-initiated inquiry.

For full details on how we collect, use, and protect your information in connection with SMS messaging, see our Privacy Policy.

11.3 Opt-Out Rights

You may revoke your consent at any time by: (a) replying "STOP" to any SMS/MMS message; (b) clicking "unsubscribe" in any email; (c) emailing Support@GetRevStackAI.com; or (d) updating your preferences in account settings. Opt-out requests for SMS will be processed promptly and no further messages will be sent unless you re-opt-in. Opting out of marketing communications does not affect transactional or service-related messages necessary for the operation of your account.

11.4 Consent for Third-Party Contacts

If you upload third-party contact information to the Services, you represent and warrant that: (a) you have obtained prior express written consent from each individual, authorizing communications via SMS, MMS, voice calls (including ATDS and prerecorded calls), email, and messaging platforms; (b) such consent was obtained in compliance with all applicable laws, including the TCPA, the CAN-SPAM Act, the Telemarketing Sales Rule, and all applicable state laws; (c) you will maintain records of such consent and make them available to RevStack AI upon request; and (d) you will promptly honor all opt-out, do-not-call, and unsubscribe requests from such individuals. You accept sole responsibility and liability for all communications sent using third-party contact information you provide, and you agree to indemnify and hold harmless RevStack AI from any claims arising from such communications.

12. Compliance with Communication Laws

You acknowledge that the Services enable you to send automated communications via SMS, voice, email, and messaging platforms. You are solely responsible for ensuring that your use of these features complies with all applicable laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and its implementing regulations
• The CAN-SPAM Act of 2003
• The Telemarketing Sales Rule (TSR)
• State-specific telemarketing and data privacy laws
• Any applicable Federal Communications Commission (FCC) rules and orders
• CTIA Messaging Principles and Best Practices
• Carrier-specific messaging policies and 10DLC registration requirements

You represent and warrant that you have obtained all necessary consents from recipients before initiating any communications through the Services. You agree to indemnify and hold RevStack AI harmless from any claims, damages, fines, penalties, and expenses arising from your failure to comply with applicable communication laws.

12.1 Compliance Audit Rights

RevStack AI reserves the right to audit, review, or request documentation from you regarding your compliance with applicable communication laws, including requesting proof of consent for contacts to whom you have sent automated communications. You agree to cooperate promptly with any such request. If we reasonably determine that you are not in compliance, we may suspend or terminate your access to the communication features of the Services with or without prior notice.

13. Data Processing and Customer Data

As between you and RevStack AI, you own all Customer Data you provide through the Services. We process Customer Data solely as your service provider and at your direction. You are responsible for ensuring your collection and use of Customer Data complies with all applicable data protection laws.

14. Data Portability and Export

You may export your data at any time through the Services or by contacting us. Upon cancellation, you will have thirty (30) calendar days to export your data, after which it may be permanently deleted.

15. Service Availability

We use commercially reasonable efforts to make the Services available 24/7, excluding planned maintenance. However, we do not guarantee any specific level of uptime and shall not be liable for any interruptions or unavailability.

16. Confidentiality

Each party agrees to treat as confidential all non-public information disclosed by the other party in connection with the Services. Neither party shall use the other party's Confidential Information except as necessary to perform its obligations under these Terms.

17. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE THAT REVSTACK AI UTILIZES ARTIFICIAL INTELLIGENCE TECHNOLOGY AND THAT AI-GENERATED OUTPUTS MAY NOT ALWAYS BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PARTICULAR NEEDS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ANY OUTPUT GENERATED BY THE SERVICES.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVSTACK AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO REVSTACK AI DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

19. Indemnification

You agree to indemnify, defend, and hold harmless RevStack AI from any claims, damages, losses, or expenses arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your infringement of third-party rights; (e) Your Content; (f) communications sent in violation of applicable law; or (g) AI-generated communications sent through your account.

20. Dispute Resolution and Arbitration

20.1 Informal Resolution

Before initiating any formal proceeding, you agree to contact us at Support@GetRevStackAI.com and attempt to resolve the dispute informally for at least sixty (60) days.

20.2 Binding Arbitration

Any dispute that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in King of Prussia, Pennsylvania. The arbitrator's decision shall be final and binding.

20.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

20.4 Statute of Limitations

ANY CLAIM ARISING OUT OF THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, OR BE FOREVER BARRED.

21. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Wyoming, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Wyoming.

22. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes. Your continued use of the Services after the effective date constitutes acceptance.

23. Termination

We may terminate or suspend your access immediately for any reason. Upon termination: (a) all rights and licenses granted to you cease; (b) you must stop using the Services; (c) you will have thirty (30) days to export your data. Sections that by their nature should survive termination shall survive.

24. General Provisions

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and RevStack AI.
• Severability: If any provision is held invalid, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any right shall not constitute a waiver.
• Assignment: You may not assign these Terms without our written consent.
• Force Majeure: Neither party shall be liable for delays due to causes beyond reasonable control.
• Independent Contractors: The relationship between you and RevStack AI is that of independent contractors.

25. Contact Information

If you have any questions about these Terms, please contact us at: