Terms of Service

1. Acceptance of Terms

Welcome to Implemented Systems, a d/b/a of Earls Ventures LLC ("we," "us," or "our"). By accessing or using our website at www.implementedsystems.com or any of our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

2. Services

Implemented Systems provides done-for-you systems for local service businesses, including but not limited to:

• Missed-call text-back systems
• Website design and hosting
• CRM and automation setup (including GoHighLevel)
• Lead follow-up and appointment booking automation
• Customer care and communication systems

The specific services provided to you will be outlined in a separate service agreement or statement of work.

3. User Responsibilities

By using our services, you agree to:

• Provide accurate, current, and complete information about your business
• Maintain the security of your account credentials
• Use our services only for lawful purposes and in compliance with all applicable laws and regulations
• Not use our services to send spam, unsolicited communications, or engage in fraudulent activity
• Comply with all carrier regulations and A2P 10DLC requirements for SMS communications

4. SMS Terms and Conditions

Program Name and Description:

Implemented Systems SMS Program: This program provides text message communications to customers who opt in, including responses to inquiries, appointment scheduling and reminders, account and service updates, onboarding instructions, and occasional promotional offers.

Eligibility and Age Restriction:

You must be 18 years of age or older to use our services and to opt in to receive SMS messages from Implemented Systems (Earls Ventures LLC). By opting in, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

Message Types:

• Customer care and support messages
• Appointment scheduling and reminders
• Account and service updates
• Onboarding and project-related communications
• Promotional offers and marketing messages (occasional)

Message Frequency:

Message frequency varies depending on your interaction with our services and the nature of your inquiry or project.

Costs:

Message and data rates may apply. Check with your mobile carrier for details on your messaging plan.

Opt-Out:

You may opt out of receiving SMS messages at any time by replying STOP to any message. After you send STOP, we will send you a confirmation message and you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

Help:

For help or assistance, reply HELP to any message or contact us at hunter@earlsventures.com or (502) 403-6768.

Carrier Liability:

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to carrier network availability and other factors outside of our control.

Contact Information:

Privacy:

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information, including your mobile phone number and text message consent.

Consent Not Required for Purchase:

Consent to receive SMS messages is not a condition of purchasing any goods or services from Implemented Systems. You may contact us by phone, email, or through our website contact form without providing SMS consent.

5. Payment Terms

Payment terms for our services will be outlined in your service agreement. You agree to pay all fees and charges associated with your use of our services. Failure to pay may result in suspension or termination of services.

6. Intellectual Property

All content, designs, code, and materials created by Implemented Systems remain our property unless otherwise specified in a written agreement. Upon full payment, you receive a license to use the deliverables for your business purposes.

You retain ownership of any content, data, or materials you provide to us (such as logos, photos, and business information). By providing these materials, you grant us a license to use them to provide our services.

7. Third-Party Services

Our services may integrate with or utilize third-party platforms such as GoHighLevel, Resend, and others. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, performance, or actions of third-party services.

8. Limitation of Liability

To the fullest extent permitted by law, Implemented Systems and Earls Ventures LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, including but not limited to lost profits, lost data, or business interruption.

Our total liability for any claim arising out of or related to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Implemented Systems, Earls Ventures LLC, and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of our services, your violation of these Terms, or your violation of any rights of another party.

10. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. You may terminate your use of our services at any time by contacting us.

Upon termination, you remain responsible for any outstanding fees. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to payment obligations, intellectual property rights, and limitation of liability.

11. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Any disputes arising out of or related to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page. Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

13. Miscellaneous

These Terms constitute the entire agreement between you and Implemented Systems regarding the use of our services, superseding any prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

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