TERMS OF SERVICE

Welcome to The American Customer Works Company ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, our market intelligence platform (Prospector), our web portals, customer service features, and communications channels—including calling or texting our toll-free line (1-877-462-2901). By accessing our services, submitting web forms, placing phone calls, or interacting via SMS, you ("Customer," "User," or "you") agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Description of Service

The American Customer Works Company provides custom software engineering, market intelligence tools (Prospector), interactive customer service portals, and transactional telephony services. Prospector assists businesses in identifying market demand signals, evaluating potential prospective clients, synthesizing sales commentary, and staging outreach communications. All email dispatch and communication automation features execute exclusively through the Customer’s own third-party email accounts and SMTP servers upon explicit Customer configuration and approval.

2. Free Trial Policy

We may offer a 14-day free trial ("Trial") to new users of Prospector. No credit card, debit card, or payment information is required to register for or initiate a Trial. At the conclusion of the 14-day Trial period, your access to the Service will automatically expire unless you explicitly choose to purchase a paid subscription. You will not be automatically billed or converted into a paid subscription upon Trial completion.

3. Subscriptions, Renewal, & Cancellation Policy

Paid access to Prospector is provided on a recurring monthly billing cycle ("Subscription"). Subscriptions are billed in advance on a recurring monthly basis starting on the date you subscribe. You may cancel your Subscription at any time through your account settings or by contacting us.

4. Price & Service Adjustments

The Company reserves the right to modify, adjust, or increase Subscription fees, pricing plans, and feature allocations at its sole discretion. Any price adjustments for existing active Subscribers will take effect no sooner than thirty (30) days following advance written notice provided to you via email or through an in-app administrative notification. Continued use of the Service after a price change takes effect constitutes your agreement to the new pricing.

5. Customer Responsibility for Outreach Compliance

You retain exclusive, sole legal responsibility for all outbound communications, marketing campaigns, and messages sent using data or scripts obtained from or executed through the Service. You represent and warrant that all your outreach activities comply fully with all applicable federal, state, and international laws, including the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (TCPA), the Canadian Anti-Spam Legislation (CASL), and the General Data Protection Regulation (GDPR). You agree to defend, indemnify, and hold harmless The American Customer Works Company from any claims or penalties arising from your outbound communications.

6. Telephony & SMS Messaging Terms & Conditions

When you opt-in to receiving SMS messages from The American Customer Works Company by contacting us via text message, initiating a call to our toll-free line (1-877-462-2901), or submitting a web form requesting contact, you agree to the following messaging terms:

7. AI Output & Data Disclaimer ("AS IS" Provision)

The Service utilizes artificial intelligence (AI), machine learning models, and public Open-Source Intelligence (OSINT) scraping to analyze market signals, predict lead fit scores, and synthesize pitch copy. ALL DATA, FIT SCORES, CONTACT INFORMATION, AND AI-GENERATED PITCHES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.

The American Customer Works Company makes no guarantees, representations, or warranties regarding the accuracy, completeness, or timeliness of scraped business data, or the financial return, conversion rate, or revenue generated from using the Service. You acknowledge that AI models may occasionally generate inaccurate or incomplete outputs, and you are solely responsible for reviewing and verifying all AI-generated content before using or sending it.

8. Prohibited Conduct & Acceptable Use

You agree not to misuse the Service. Specifically, you agree that you will NOT:

• Use the Service for any unlawful, fraudulent, defamatory, or malicious purpose;
• Use the Service to send unsolicited bulk commercial messages (spam) in violation of applicable laws;
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code or underlying architecture of Prospector or the Company’s infrastructure;
• Scrape, crawl, or harvest data from Prospector’s own networks, interfaces, or systems without express written consent;
• Attempt to breach, probe, or bypass any security or authentication measures implemented by the Company;
• Re-sell, rent, lease, or sub-license access to the Service to unauthorized third parties.

9. Termination & Account Suspension

We reserve the right to immediately suspend or terminate your account and access to the Service, without prior notice or refund, if we determine in our sole discretion that you have violated these Terms, engaged in fraudulent or illegal activity, or posed a security or legal risk to the Service, the Company, or other users. Termination for a violation of these Terms forfeits any remaining time in your billing cycle without any right to a refund.

10. Intellectual Property

All rights, titles, and interests in and to Prospector, including software code, UI designs, logos, algorithms, domain names, and underlying infrastructure, remain the exclusive intellectual property of The American Customer Works Company. Except for the limited right to use the Service as permitted under these Terms, no ownership or trademark rights are transferred to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AMERICAN CUSTOMER WORKS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

12. Governing Law & Jurisdiction

These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to choice of law principles. You agree that any legal action shall be brought exclusively in the state or federal courts located within the Commonwealth of Pennsylvania.

13. Contact Information

If you have any questions regarding these Terms of Service or our SMS messaging program, please contact us at: