OTS360 Privacy Policy

OTS360 – Terms & Conditions
Effective Date: 6/7/25

Program Overview
The OTS360 program includes access to the OTS360 system, white-glove onboarding, and comprehensive support related to the platform and included services, as outlined in the Client’s selected package. The platform provides business automation tools and related support resources. Features and service levels vary by package.

Billing & Subscription
Subscriptions are billed on a recurring monthly basis according to the Client’s selected package. This is an ongoing agreement with no long-term contract.
A minimum of thirty (30) days’ written notice is required to cancel a subscription. Cancellation requests must be submitted in writing to [email protected].
Cancellation becomes effective at the end of the next full billing cycle following the required 30-day notice period. Access to the platform and services will remain active during this notice period. No prorated refunds are issued.

Refund Policy
Due to the digital, subscription-based, and customized nature of the services provided, all payments are non-refundable unless otherwise expressly stated in writing.
For standard platform subscriptions and services, access may begin upon payment and activation.
For Custom Builds and Custom Applications, all fees become fully earned and non-refundable once custom development work has commenced, regardless of completion status, delivery timing, walkthrough scheduling, access activation, or Client use of the completed system.
Client delays, non-responsiveness, refusal to schedule or attend a delivery walkthrough, demo, or onboarding session, or failure to activate or use the completed system do not create any right to a refund, chargeback, credit, or fee reversal.
Termination or cancellation does not negate Client’s payment obligations for completed or in-progress fixed-fee work as defined in Section 14(c)(i).

Eligibility & Fair Use
This plan is intended for use by one individual business owner across up to two brands that they fully own. Additional businesses or brands require an upgrade or paid add-on.
Abuse of system resources, features, or onboarding support may result in suspension or termination of the account.

Platform Access & Services
OTS360 provides access to a suite of business tools including CRM functionality, marketing automation, funnel and website builders, scheduling tools, and communication features. OTS360 does not guarantee specific business outcomes, revenue, leads, or growth.

Terms Modifications
OTS360 reserves the right to modify these Terms at any time. Updated terms will be posted on the website. Continued use of the platform after changes constitutes acceptance of the updated Terms.

Contact & Support
For questions, billing concerns, or account support, contact [email protected]. Support is limited to platform functionality, configuration guidance, and included services, and does not include custom development, third-party troubleshooting, or business consulting unless expressly agreed in writing.

Data & Privacy
OTS360 stores Client data securely and uses it solely to provide services related to the Client’s account. OTS360 does not sell or rent Client data. Clients are responsible for maintaining the confidentiality of account credentials and ensuring authorized use.

Prohibited Use
Clients may not use OTS360 for unlawful, abusive, deceptive, or unethical activity, including spam, misuse of lead data, violations of privacy laws, or impersonation. Violations may result in immediate suspension or termination without refund.

Service Availability
OTS360 strives for uninterrupted access; however, downtime may occur due to maintenance, updates, or factors beyond OTS360’s control. No guarantees are made regarding uninterrupted availability.

Payment Failures
If a payment method fails or an account becomes past due, access may be suspended. Continued non-payment may result in termination and permanent data deletion after thirty (30) days.

Client Responsibility
OTS360 provides tools and support, but business results are the Client’s responsibility. No guarantees are made regarding income, leads, or performance.

Intellectual Property
All branding, templates, workflows, training materials, and platform components remain the intellectual property of OTS360. Clients receive a limited, non-transferable license to use these materials during an active subscription. Unauthorized reproduction or resale is prohibited.

Custom Builds & Custom Applications

a. Definition & Scope
“Custom Builds,” “Custom Applications,” or “Custom Development” refers to any work performed by OTS360 at the Client’s request that exceeds standard platform functionality, including custom workflows, automations, integrations, software logic, APIs, configurations, or application development.
Custom Builds are not included in standard subscriptions unless expressly stated in writing.

b. Requests, Authorization & Scope Confirmation
Custom Builds are authorized through written descriptions, order forms, checkout pages, payment links, statements of work, or similar documentation provided by OTS360 and accepted by the Client at purchase.

By completing payment and affirmatively agreeing to these Terms at checkout, the Client accepts the scope of work, fees, and conditions associated with the Custom Build. No additional signatures are required unless expressly stated.
Custom development work is deemed commenced upon any configuration, development, setup, coding, planning, or allocation of resources by OTS360.

c. Fees, Deposits & Payment

(i) Fixed-Fee Protection
Custom build and setup fees are fixed-fee engagements defined at the time of purchase. Any additional internal effort, labor, time, or resources expended by OTS360 beyond the originally authorized scope are provided solely at OTS360’s discretion and do not alter Client billing, pricing, refund eligibility, credit entitlement, or deliverable obligations.
If, in OTS360’s sole judgment, Client requests, changes, or requirements materially exceed the originally authorized scope, OTS360 reserves the right to require additional fees to complete such work prior to continuation.

Deposits and payments for custom work are non-refundable once work has commenced.
Failure to pay may result in suspension or termination without refund.

d. Completion, Delivery & Acceptance
Delivery is deemed complete and OTS360’s obligations fulfilled upon completion of the authorized scope of work.
Any walkthrough, demo, onboarding, or training is provided as a courtesy and is not a condition of delivery, acceptance, or fulfillment. Client delays or refusal to participate do not delay acceptance or billing.
Unless otherwise stated, custom work is deemed accepted upon completion, and all associated fees and obligations become enforceable at that time.

e. Revisions & Scope Changes
Work beyond the authorized scope requires separate approval and additional fees. Unlimited revisions are not included.

f. Intellectual Property & Licensing
OTS360 retains ownership of all pre-existing tools, frameworks, and proprietary materials. Upon full payment, the Client receives a non-exclusive, non-transferable license for internal

business use only.
Source code delivery is not required unless expressly stated.

g. Warranties & Disclaimers
Custom work is provided “as is” and “as available.” No guarantees are made regarding performance, security, compatibility, or outcomes.

h. Support, Maintenance & Updates
Unless expressly included in the Proposal, ongoing or ad hoc support, maintenance, updates, upgrades, bug fixes, or compatibility changes for custom solutions are not included.

i. Client Responsibilities
Clients must provide timely access, feedback, credentials, and approvals. OTS360 is not responsible for delays caused by Client inaction.

j. Termination of Custom Engagements
If terminated early, the Client remains responsible for all fees incurred to date. No refunds are issued for partially completed or completed work.

Limitation of Liability
OTS360 is not liable for indirect, incidental, or consequential damages. Total liability shall not exceed the amount paid in the prior thirty (30) days.

Governing Law
These Terms are governed by the laws of the State of Florida. Disputes are resolved through binding arbitration in Lee County, Florida.

Use of AI & Automation Tools
OTS360 may provide AI-driven automation features. Clients are responsible for ensuring compliance with applicable laws. OTS360 is not liable for misuse or reliance on AI-generated outputs.

Marketing & Publicity
Clients grant permission for use of business name, logo, and non-confidential results for marketing purposes unless revoked in writing.

Data Retention & Deletion
Upon cancellation, data remains accessible for thirty (30) days, after which it may be permanently deleted.

Account Security
Clients are responsible for account security. Unauthorized sharing of credentials is prohibited.

Entire Agreement
These Terms constitute the entire agreement. Acceptance occurs at checkout, payment, or first use, whichever occurs first.

Email & SMS Consent
Clients consent to receive service-related communications via email and SMS.

Chargebacks & Payment Disputes
Clients agree not to initiate chargebacks for valid charges under this Agreement. Chargebacks constitute a material breach. Clients are liable for all related fees and recovery costs.

Affiliate Relationships
Affiliate participation must comply with program guidelines. Violations may result in removal and forfeiture of commissions.

No Resale or Competitive Use
Clients may not resell, clone, or compete using OTS360 or its components.

Uptime Service Level Objective
OTS360 targets 99% uptime monthly. This is a performance objective, not a guarantee.

Data Protection Compliance
OTS360 follows GDPR and CCPA best practices. Clients retain ownership of their data.

Accessibility Statement
OTS360 strives to meet WCAG accessibility standards and welcomes feedback.

Severability
If any provision is unenforceable, the remaining provisions remain in effect.

Force Majeure
OTS360 is not liable for delays caused by events beyond its control.

Indemnification
Clients agree to indemnify and hold harmless OTS360 from claims arising from platform use.

Binding Arbitration
All disputes are resolved through binding arbitration in Lee County, Florida. Jury trials and class actions are waived.

Beta Features
Beta features are experimental and provided without guarantees.

Compliance Responsibility
Clients are solely responsible for compliance with all applicable laws.

Third-Party Integrations
OTS360 is not liable for third-party service interruptions or changes.

Modification & Termination Rights

OTS360 reserves the right, in its sole discretion, to modify, suspend, or discontinue any aspect of the services, including features, support methods, availability, delivery mechanisms, or system components, at any time, with or without notice. Such modifications shall not constitute a breach of this Agreement.

In the event the Client violates any provision of these Terms, OTS360 may immediately suspend or terminate access to the platform and services. Any such termination for cause shall be without refund, and all amounts previously paid shall remain fully earned.

Usage-Based Charges
Certain features incur usage-based carrier or provider fees billed directly to the Client:
SMS: $0.0079 per segment
Outbound Calls: $0.014 per minute
Inbound Calls: $0.0085 per minute
Emails: $0.000675 per email
Rates are subject to change by provider.