Terms of Service

1. Agreement to Terms

By accessing or using the GoLeadSetter website, platform or any related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services.

These Terms apply to all visitors, users and others who access or use the Services, including but not limited to businesses that use GoLeadSetter for lead qualification and SMS-based appointment setting.

2. About GoLeadSetter

GoLeadSetter is a product of Helicon Solution LLC. GoLeadSetter is an AI-powered lead qualification and appointment-setting platform designed for home improvement businesses. Our platform uses intelligent SMS conversations to qualify leads, answer questions and schedule appointments on behalf of our customers.

3. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local or international law or regulation
• Transmit any material that is defamatory, obscene, threatening or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services
• Use the Services to send unsolicited communications (spam)
• Upload or use purchased, scraped or harvested phone number lists
• Use the Services for robocalling or automated cold outreach without proper consent
• Contact phone numbers obtained from illegal or non-compliant lead sources
• Use the Services for any purpose that is prohibited by these Terms

4. Accounts

When you create an account with us, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. SMS Messaging Terms

Program Name & Description

Program Name: GoLeadSetter SMS Demo Program

Program Description: GoLeadSetter provides an AI-powered SMS messaging service for home improvement lead qualification and appointment setting. When you opt in to our SMS service — including through the demo feature on our website — you will receive automated text messages from the GoLeadSetter AI Chatbot. These messages may include conversational lead qualification questions, appointment scheduling simulations, service-related information and support responses.

Consent & Opt-In

By providing your phone number and opting in to receive SMS messages from GoLeadSetter, you expressly consent to receive recurring automated text messages at the phone number you provided. Consent is not a condition of purchase.

Message Frequency

Message frequency varies. You may receive multiple messages per interaction session as part of the AI-powered conversation. The number of messages depends on the length and nature of the conversation. For the demo experience, you can expect to receive approximately 5–15 messages per session.

Message & Data Rates

Message and data rates may apply. Standard messaging and data rates from your wireless carrier may apply to any messages sent or received. Please contact your wireless carrier for details about your messaging plan and any charges that may apply. GoLeadSetter does not charge any fees for SMS messages sent through our service, but your carrier may charge you for each message you send or receive.

Opt-Out Instructions

To stop receiving messages from GoLeadSetter at any time, reply STOP to any message you receive from us. After you send STOP, we will send you a final confirmation message and you will no longer receive any SMS messages from GoLeadSetter. If you wish to re-enroll, you may opt in again through our website.

Reply STOP to cancel. Reply HELP for help.

Help & Customer Support

For help or assistance, reply HELP to any message you receive from GoLeadSetter. You will receive a response with support contact information.

You may also contact us directly for support:

Carrier Liability

Carriers are not liable for any delayed or undelivered messages. Message delivery is subject to effective transmission from your wireless carrier. GoLeadSetter and its service providers, including Twilio, are not responsible for delayed or undelivered messages due to carrier issues, network outages or device limitations.

Supported Carriers

Our SMS services are compatible with most major US wireless carriers. However, not all carriers support all types of messaging. If you experience issues receiving messages, please contact your wireless carrier for assistance.

SMS Service Provider

SMS messaging is provided through Twilio, our third-party messaging service provider. Twilio processes phone numbers and message content in accordance with their privacy policy and security standards. Our SMS services comply with US A2P (Application-to-Person) messaging standards, TCPA (Telephone Consumer Protection Act) regulations and CTIA (Cellular Telecommunications Industry Association) messaging guidelines.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

6. Customer Responsibilities for TCPA Compliance & SMS Consent

Customer is solely responsible for ensuring that all end recipients (leads, customers or contacts) have provided legally sufficient consent to receive SMS messages under the Telephone Consumer Protection Act (TCPA), CTIA guidelines and all other applicable federal, state and international laws.

Specifically, you represent and warrant that:

• All phone numbers you upload, provide or use with GoLeadSetter have given you express written consent to receive SMS communications
• You maintain proper records of consent for all contacts in compliance with TCPA requirements
• You have not obtained phone numbers through purchase, scraping or other non-compliant methods
• All campaign content and messaging you create complies with applicable advertising and consumer protection laws
• You will promptly honor all opt-out requests and maintain do-not-contact lists as required by law
• You understand that consent cannot be required as a condition of purchase unless the SMS messages are necessary for the transaction

Liability: You agree to indemnify and hold harmless Helicon Solution LLC, GoLeadSetter and all related parties from any claims, damages, fines, penalties or legal actions arising from your failure to obtain proper consent or comply with TCPA, CTIA or any other applicable laws. This includes but is not limited to class action lawsuits, regulatory fines and carrier penalties.

GoLeadSetter provides tools to help you manage SMS communications, but you remain solely responsible for the lawfulness of your campaigns and the consent status of your contacts.

7. AI-Generated Content & Limitations

GoLeadSetter uses advanced artificial intelligence and natural language processing to generate automated SMS responses and qualify leads. You acknowledge and agree that:

• AI May Be Inaccurate: AI-generated responses may contain errors, inaccuracies or inappropriate content. We do not guarantee the accuracy, completeness or appropriateness of any AI-generated communications.
• Not Professional Advice: AI-generated content does not constitute legal, financial, medical, business or professional advice of any kind. You should not rely on AI responses as a substitute for professional consultation.
• Customer Review Required: You are responsible for reviewing, monitoring and approving all AI-generated content used in your campaigns. You should implement appropriate oversight and quality control measures.
• Customer Liability: You are solely responsible for any actions you or your customers take based on AI-generated content. This includes any business decisions, commitments or representations made through the AI chatbot.
• No Guarantee of Results: We make no guarantees regarding lead quality, conversion rates, appointment bookings or any other business outcomes resulting from use of our AI technology.

You agree to indemnify Helicon Solution LLC and GoLeadSetter from any claims arising from your use of or reliance on AI-generated content, including claims from your customers, leads or third parties.

8. Data Ownership & Customer Content

Customer Data Ownership: You retain all ownership rights to any data, content, phone numbers, lead information, conversation logs and other materials you upload to or create using the Services (collectively, “Customer Content”). We do not claim any ownership rights to your Customer Content.

License to Process: By using the Services, you grant Helicon Solution LLC a limited, non-exclusive, worldwide license to use, store, process and transmit your Customer Content solely for the purpose of providing and improving the Services. This includes:

• Processing phone numbers and contact information to deliver SMS messages
• Using conversation data to train and improve our AI models
• Analyzing usage patterns to enhance service performance and features
• Storing data for backup, security and business continuity purposes

Aggregated & Anonymized Data: We may use aggregated, anonymized or de-identified data derived from your use of the Services for analytical purposes, product improvement, benchmarking and other business purposes. This data will not identify you or your customers.

Data Security: We implement commercially reasonable security measures to protect your Customer Content. However, no system is completely secure and we cannot guarantee absolute security. See our Privacy Policy for more details on data protection.

Data Deletion: Upon termination of your account, we will delete or anonymize your Customer Content within a reasonable timeframe, subject to backup retention policies and legal obligations. You may request data deletion by contacting us at [email protected].

9. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use and protect your personal information, including phone numbers and SMS data. Please review our Privacy Policy carefully.

10. Intellectual Property

The Services, including all content, features and functionality (such as text, graphics, logos, icons, images, audio, software and the design and arrangement thereof), are owned by Helicon Solution LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from our Services, except as permitted by these Terms.

11. Subscriptions, Payments, & Cancellations

Billing & Subscription Terms

Some portions of the Services are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the plan you select.

Free Trials

We may offer free trials for certain subscription plans. If you sign up for a free trial, you will not be charged during the trial period. At the end of the trial period, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial period ends.

Cancellation

You may cancel your subscription at any time by:

• Logging into your account dashboard and following the cancellation process or
• Contacting us at [email protected] with your cancellation request

Effective Date: Cancellations take effect at the end of your current billing period. You will continue to have access to the Services until the end of the paid period. We do not provide refunds or credits for partial subscription periods.

Refunds & No Proration

All subscription fees are non-refundable except as required by applicable law. If you cancel your subscription, you will not receive a refund for any unused portion of your subscription period and no proration will be provided for early cancellation.

In certain exceptional circumstances (such as service unavailability or billing errors), we may, at our sole discretion, issue refunds or credits. Please contact us at [email protected] if you believe you are entitled to a refund.

Price Changes

We reserve the right to change our subscription plans or adjust pricing at any time. Any price changes will take effect following at least 30 days' notice to you via email or through the Services. Your continued use of the Services after a price change constitutes acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect.

Payment Information

You agree to provide current, complete and accurate payment information. You agree to promptly update your payment information if it changes. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.

12. Service Availability & Third-Party Dependencies

No Uptime Guarantee: We strive to provide reliable and uninterrupted service, but we do not guarantee that the Services will be available at all times or that they will be error-free. The Services are provided on an “as available” basis.

Maintenance & Downtime: We may perform scheduled or emergency maintenance that may result in service interruptions or downtime. We will make reasonable efforts to notify you in advance of scheduled maintenance, but we are not obligated to do so.

Third-Party Dependencies: The Services rely on third-party service providers, including but not limited to:

• Twilio for SMS messaging delivery
• OpenAI for AI-powered conversation capabilities
• Cloud infrastructure providers for hosting and storage
• Payment processors for billing and subscriptions

We are not responsible for any service interruptions, errors or failures caused by third-party service providers. If a third-party service becomes unavailable, we will make commercially reasonable efforts to restore functionality, but we do not guarantee resolution timelines.

No Liability for Downtime: To the fullest extent permitted by law, Helicon Solution LLC shall not be liable for any losses, damages or costs resulting from service unavailability, downtime or third-party service failures.

13. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Helicon Solution LLC, its affiliates, directors, employees, agents or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use or alteration of your transmissions or content
• Errors, mistakes or inaccuracies in SMS messages or AI-generated responses
• Any delayed or undelivered messages
• TCPA violations or regulatory fines arising from your use of the Services
• Service interruptions, downtime or third-party service failures

Maximum Liability Cap: In no event shall our total liability to you for all claims arising from or related to the Services exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to liability or $100 USD, whichever is greater.

14. Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Helicon Solution LLC does not warrant that (a) the Services will function uninterrupted, securely or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the results of using the Services, including AI-generated communications, will be accurate or reliable; or (d) the quality of any information obtained through the Services will meet your expectations.

15. Indemnification

You agree to defend, indemnify and hold harmless Helicon Solution LLC, its affiliates, licensors and service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or your use of the Services
• Your violation of any law, regulation or third-party rights
• Your Customer Content or any data you upload to the Services
• Your failure to obtain proper consent for SMS communications or TCPA compliance
• Any claims by your customers, leads or third parties related to your use of the Services
• Any AI-generated content created or used through your account

16. Dispute Resolution, Arbitration, & Class Action Waiver

Agreement to Arbitrate

You and Helicon Solution LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved through binding individual arbitration rather than in court, except as set forth below.

Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court. However, arbitrators can award the same damages and relief that a court can award on an individual basis.

Arbitration Procedures

Any arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and filing forms are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will be conducted in the State of Wyoming (or another mutually agreed location) and judgment on the arbitration award may be entered in any court having jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Class Action Waiver

You and Helicon Solution LLC agree that any arbitration or proceeding shall be conducted on an individual basis only and not as a class action, consolidated action or representative action. You and Helicon Solution LLC expressly waive any right to file a class action or seek relief on a class basis.

If a court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement in this section shall be null and void. However, the remainder of these Terms will continue to apply.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring a lawsuit in court in the following circumstances:

• To seek injunctive or equitable relief for intellectual property infringement or misappropriation
• For disputes that qualify for small claims court, provided the matter remains in small claims court and proceeds only on an individual basis
• To compel arbitration under this agreement or to enforce an arbitration award

Time Limitation for Claims

You and Helicon Solution LLC agree that any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or it will be forever barred, regardless of any statute of limitations or other law to the contrary.

Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must notify us in writing within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, email address and a clear statement that you wish to opt out of this arbitration agreement. Send your opt-out notice to: [email protected] with the subject line “Arbitration Opt-Out.”

17. Governing Law & Venue

These Terms shall be governed and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Wyoming.

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

18. Assignment

Our Right to Assign: Helicon Solution LLC may freely assign or transfer these Terms and all rights and obligations hereunder to any third party, including in connection with a merger, acquisition, reorganization, sale of assets or operation of law, without notice or your consent.

Your Restrictions: You may not assign, transfer or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment, transfer or delegation without such consent shall be void and of no effect.

Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

19. Force Majeure

Helicon Solution LLC shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires or severe weather
• War, terrorism, civil unrest, riots or government action
• Pandemics, epidemics or public health emergencies
• Labor disputes, strikes or lockouts not involving Helicon Solution LLC employees
• Internet or telecommunications failures, cyberattacks or distributed denial-of-service (DDoS) attacks
• Third-party service provider outages or failures (including Twilio, OpenAI, cloud providers, etc.)
• Changes in law or regulation that make performance illegal or impracticable
• Any other event beyond our reasonable control

During any such event, our obligations shall be suspended for the duration of the force majeure event. We will use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than thirty (30) days, either party may terminate these Terms upon written notice to the other party.

20. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration agreement and limitations of liability.

21. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

22. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Notwithstanding the foregoing, if the Class Action Waiver in Section 16 is found to be unenforceable, the entirety of Section 16 (Dispute Resolution, Arbitration, & Class Action Waiver) shall be null and void, but the remainder of these Terms shall remain in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Helicon Solution LLC regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

24. Contact Us

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