Terms and Conditions

1. Agreement to Terms

By accessing or using Market Movers Inc. ("Company," "we," "us," or "our") website and services, you ("Client," "you," or "your") agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

Company Address:
Market Movers Inc.
1150 NW 72nd Ave, Tower 1
STE 455
Miami, FL 33126
United States

2. Services Overview

Market Movers is a digital marketing and automation agency specializing in services for home service contractors, including but not limited to:

• Search Engine Optimization (SEO) and AI Visibility Optimization
• Website design, development, and hosting
• Brand identity design (logos, photography, brand guidelines)
• AI-powered automation (chatbots, voice assistants, SMS automation)
• Lead generation and management
• Digital advertising and campaign management
• Content creation and marketing
• Analytics and reporting

Specific services, deliverables, and pricing will be outlined in your individual Service Agreement, which is incorporated into these Terms by reference.

3. Minimum Service Commitment

All service agreements require a minimum commitment of three (3) months from the service start date. This minimum commitment period allows sufficient time for:

• Proper implementation of marketing strategies
• Search engine indexing and ranking improvements
• AI platform training and optimization
• Data collection for meaningful performance analysis
• Building brand awareness in your target market

Early Termination: If you choose to terminate services before the completion of the three-month minimum commitment period, you will be responsible for payment of the remaining balance for all months within the commitment period. This early termination fee compensates for resources allocated, work completed, and opportunity costs incurred by the Company.

After the initial three-month period, services continue on a month-to-month basis unless otherwise specified in your Service Agreement.

4. AI Technology and Automation Services

Our services incorporate artificial intelligence and automation technologies. By engaging our services, you acknowledge and agree to the following:

4.1 AI Platforms and Tools

We utilize third-party AI platforms and tools to deliver our services. A complete list of AI providers and links to their privacy policies is available in our Privacy Policy (Section 5.1). You acknowledge that these third-party platforms operate under their own terms of service and that their behavior, availability, and capabilities may change without notice.

4.2 AI-Powered Voice Communications (TCPA Compliance)

Our services may include AI-powered voice calling for lead qualification, appointment scheduling, and customer follow-up. You acknowledge and agree that:

• AI-generated voices are classified as "artificial or prerecorded voice" under the Telephone Consumer Protection Act (TCPA) per the FCC's February 2024 Declaratory Ruling
• Prior express written consent is required from all recipients before AI-powered marketing calls or texts are placed on your behalf
• You are responsible for obtaining and maintaining verifiable, documented consent from your contacts before we initiate AI-powered communications to them
• Consent records must include: timestamp, source, exact consent language, and IP address or signature
• AI calls will include a disclosure at the beginning informing the recipient that the call uses AI-generated voice technology
• Opt-out requests will be honored within 10 business days across all channels, in compliance with FCC regulations effective April 11, 2025
• We will maintain Do-Not-Call list compliance and scrub contact lists accordingly

TCPA Penalties: Violations of the TCPA carry penalties of $500 to $1,500 per illegal call or text. You agree to indemnify Market Movers Inc. against TCPA claims arising from contacts for whom you failed to obtain or maintain proper consent.

4.3 AI-Powered SMS Automation

You authorize us to deploy AI-powered SMS systems that may:

• Send and respond to text messages for lead qualification and scheduling
• Send automated appointment reminders and follow-ups
• Conduct conversational lead nurturing via text

All SMS communications comply with the TCPA, the Cellular Telecommunications Industry Association (CTIA) guidelines, and applicable state laws including Texas SB 140 (effective September 2025), which explicitly classifies text messages as telephone solicitations.

4.4 AI Chatbot Disclosure

We deploy AI-powered chatbots on client websites for visitor engagement, lead capture, and customer support. In compliance with the California B.O.T. Act (SB 1001), California SB 243 (effective January 1, 2026), and applicable state and federal laws:

• All chatbots will display a clear, persistent notice informing users they are interacting with an AI assistant, not a human
• The AI disclosure will be presented before the conversation begins
• Chatbot interactions are logged and may be reviewed for quality assurance
• Users can request to speak with a human at any time during the interaction

4.5 AI-Generated Email Communications

Our services may include AI-generated or AI-personalized email marketing. All email communications comply with the CAN-SPAM Act, including:

• Accurate header and sender information
• Non-deceptive subject lines
• Clear identification as advertisements where applicable
• Valid physical postal address in every message
• Clear opt-out mechanism honored within 10 business days

AI is not used to fabricate sender identities, impersonate real individuals, or generate fake testimonials or endorsements in email communications.

4.6 AI-Generated Content and Images

Content created using AI tools (including website copy, blog posts, social media content, images, graphics, and marketing materials) may be generated or substantially modified by artificial intelligence. We review and edit AI-generated content for accuracy and appropriateness, but you acknowledge that:

• AI-generated content may require your review and approval before publication
• You are ultimately responsible for the accuracy of information about your business
• AI systems may occasionally produce errors, inconsistencies, or hallucinations
• AI-generated content may not be unique -- similar content could be generated for other users of the same AI platforms
• AI-generated content may not be eligible for copyright protection under current U.S. Copyright Office guidance, which requires human authorship for copyright registration

AI-Generated Images Disclosure: Certain images displayed on your website or in marketing materials produced by Market Movers Inc. may be generated using artificial intelligence. These images may depict synthetic representations of people, environments, or scenarios that do not represent actual individuals, real locations, or real events unless expressly stated otherwise. In compliance with applicable state and federal laws, including the New York Synthetic Performer Disclosure Law (GBL Section 396-b, effective June 9, 2026) and FTC guidelines on AI-generated commercial content, AI-generated images of people will be labeled with appropriate disclosures. AI-generated images will include IPTC DigitalSourceType metadata as required by advertising platforms (Google Ads, Meta Ads).

No Fabricated Testimonials: Market Movers Inc. does not use AI to create fabricated testimonials, reviews, or endorsements. All testimonials and reviews displayed on this website and in marketing materials are from actual customers and reflect genuine experiences, in compliance with the FTC Consumer Reviews and Testimonials Rule (16 CFR Part 465, effective October 21, 2024). Violations of this rule carry penalties of up to $51,744 per violation.

4.7 AI Visibility Optimization

Our AI Visibility services aim to improve your business's presence on AI platforms such as ChatGPT, Google AI Overview, Perplexity, Claude, Gemini, and Grok. You acknowledge that:

• AI platform algorithms and recommendations are controlled by third parties
• We cannot guarantee specific placement or recommendations on AI platforms
• AI platform behaviors may change without notice
• Results depend on various factors including competition and platform updates

4.8 AI Output Limitations and Accuracy

You acknowledge that AI technology has inherent limitations. AI-generated outputs (content, recommendations, analytics insights, lead qualifications) are provided on a best-efforts basis and may:

• Contain factual errors, outdated information, or "hallucinated" content
• Produce results that vary in quality and relevance
• Be affected by biases present in training data
• Not always reflect the most current information about your industry or market

We implement human review processes for AI-generated deliverables, but you are responsible for verifying the accuracy of information about your business, licensing, certifications, and services before publication.

5. Acceptable Use

You agree not to use our AI-powered services to:

• Generate illegal, fraudulent, deceptive, or misleading content
• Create fake reviews, testimonials, or endorsements
• Impersonate real individuals without their consent
• Generate content that infringes on third-party intellectual property rights
• Send unsolicited communications to individuals who have not provided consent
• Harass, threaten, or discriminate against any individual or group
• Violate any applicable law, regulation, or third-party platform policy
• Attempt to extract, reverse-engineer, or misuse our AI tools, prompts, or configurations

Violation of this Acceptable Use policy may result in immediate suspension or termination of services.

6. Data Processing and Privacy

By using our services, you authorize us to collect, process, and share data as necessary to perform our services. This includes:

• Sharing business information with AI platforms and service providers
• Processing customer data through AI systems for lead qualification
• Recording and transcribing phone calls using AI technology
• Storing chat logs, SMS records, and communication records
• Analyzing performance data across platforms

Our data practices, including our role as a data processor, sub-processor disclosures, and your privacy rights, are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Processing Agreement: For clients subject to GDPR or other data protection laws requiring a formal Data Processing Agreement (DPA), we will execute a DPA upon request that specifies the scope, nature, and purpose of data processing.

7. Call Recording and Consent

You acknowledge and agree that our services may involve recording and transcribing phone calls using AI technology. By engaging our services:

• You authorize the recording of AI-powered calls made on your behalf
• You understand that call recipients will be notified of recording at the start of each call
• You acknowledge that we comply with all-party consent requirements in applicable states (including but not limited to California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington)
• You agree not to disable or circumvent recording disclosures
• You understand that recordings and transcripts may be reviewed for quality assurance, compliance monitoring, and service improvement

For full details on call recording, AI transcription, and voice data practices, see our Privacy Policy (Section 7).

8. Payment Terms

Billing: Services are billed monthly in advance on the date specified in your Service Agreement. By providing payment information, you authorize us to charge your designated payment method for all fees due.

Late Payments: Payments not received within 7 days of the due date may result in:

• Suspension of services including website, AI systems, and advertising
• Late fees of 1.5% per month on outstanding balances
• Loss of territory exclusivity protections
• Collection actions and associated costs

Refund Policy: Due to the nature of digital marketing services and the resources committed upon engagement, all fees are non-refundable once services have commenced. Setup fees, advertising spend, and third-party costs are non-refundable under any circumstances.

9. Territory Exclusivity

Where territory exclusivity is included in your Service Agreement:

• Exclusivity applies only to the specific trade and geographic area defined
• Territory boundaries are subject to availability at time of signing
• Exclusivity is maintained only while your account is in good standing
• We reserve the right to modify boundaries with 30 days written notice
• Exclusivity does not apply to AI platform recommendations, which we cannot control

10. Client Responsibilities

You agree to:

• Provide accurate and complete business information
• Respond to requests for feedback and approvals within 5 business days
• Ensure you have rights to any content, images, or materials you provide
• Maintain valid business licenses and insurance for your trade
• Comply with all applicable laws, regulations, and industry standards
• Not engage in illegal, unethical, or fraudulent business practices
• Provide timely notification of any changes to your business information
• Maintain proper account access credentials securely
• Obtain and maintain verifiable consent from all contacts before we initiate AI-powered calls, texts, or emails on your behalf
• Notify us of any state-specific regulatory requirements applicable to your business or jurisdiction that may affect how we deliver AI-powered services

Content Approval: Unless otherwise agreed, we will seek your approval before publishing significant content or making major changes to your website or marketing materials. Failure to respond to approval requests within 5 business days constitutes approval.

11. Intellectual Property

Client Ownership: Upon full payment, you own the rights to custom deliverables created specifically for your business, including:

• Custom website designs and code (excluding licensed third-party components)
• Logo designs and brand identity materials
• Custom photography and videography
• Marketing content created specifically for your business

Company Retention: Market Movers retains ownership of:

• Proprietary tools, templates, and automation systems
• AI training data, prompts, and configurations
• Marketing methodologies and strategies
• Generic code components, frameworks, and plugins
• Aggregate and anonymized performance data

AI-Generated Content Ownership: You acknowledge that content generated substantially by AI tools may not be eligible for copyright protection under current U.S. Copyright Office guidance, which requires human authorship for registration. While we assign to you whatever rights we hold in AI-generated deliverables created for your business, we cannot guarantee that such content will receive copyright protection. AI-generated outputs may also not be unique, as other users of the same AI platforms may receive similar results.

Portfolio Rights: We reserve the right to use completed work in our portfolio and marketing materials unless you specifically opt out in writing.

12. Third-Party Services

Our services may require or include third-party services such as:

• Web hosting and domain registration
• Advertising platforms (Google Ads, Meta Ads, etc.)
• CRM and business management software
• AI platform APIs and services
• Analytics and tracking tools
• Communication platforms (phone, SMS, email services)

These services are subject to their own terms of service and privacy policies. We are not responsible for third-party service outages, policy changes, or actions taken by third-party platforms. We will use commercially reasonable efforts to select reliable providers and to notify you of material changes that affect your services.

13. Advertising and Campaign Management

For advertising services:

• Advertising spend is billed separately from management fees
• Ad spend is paid directly to platforms or invoiced and collected by Market Movers
• We manage campaigns in good faith but cannot guarantee specific results
• Platform policies may affect ad delivery and performance
• We may pause campaigns if payment is delinquent
• AI-generated ad creative will include required platform disclosures and metadata (e.g., Google Ads requires IPTC DigitalSourceType metadata for AI-generated images; Meta requires "AI info" labels for synthetic content)

14. Results Disclaimer

No Guarantees: While we strive to deliver excellent results, marketing outcomes depend on many factors beyond our control. We do not guarantee:

• Specific search engine rankings or positions
• Placement or recommendations on AI platforms
• Specific traffic, lead, or revenue numbers
• Return on investment (ROI) or conversion rates
• Timeline for achieving results
• Accuracy, completeness, or originality of AI-generated content

Case studies, testimonials, and performance examples represent individual results and are not indicative of future performance. Results vary based on market conditions, competition, business quality, and other factors.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• AI-powered services will be uninterrupted, error-free, or available at all times
• AI-generated content will be accurate, complete, original, or free from bias
• AI-generated content will qualify for copyright or other intellectual property protection
• Third-party AI platforms will remain available or maintain their current functionality
• Marketing campaigns will achieve specific results or performance metrics

16. Limitation of Liability

To the maximum extent permitted by law:

• Market Movers is not liable for any indirect, incidental, consequential, special, or punitive damages arising from the use of our services
• We are not liable for lost profits, revenue, data, or business opportunities
• Our total liability for any claim is limited to the amount paid for services in the preceding three (3) months
• We are not responsible for actions taken by AI systems that operate outside expected parameters, including inaccurate, biased, or hallucinated AI outputs
• We are not liable for third-party platform changes, outages, or policy enforcement
• We are not liable for TCPA, CAN-SPAM, or other regulatory violations resulting from contacts for whom the Client failed to obtain or maintain proper consent
• We are not liable for intellectual property claims related to AI-generated content, as such content may not be eligible for copyright protection

17. Indemnification

You agree to indemnify and hold harmless Market Movers Inc., its officers, employees, and contractors from any claims, damages, or expenses (including reasonable attorney's fees) arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Content or materials you provide
• Your business practices or customer disputes
• Misuse of AI systems or automation tools provided to you
• Failure to obtain or maintain proper consent for AI-powered communications (TCPA, CAN-SPAM, state laws)
• Claims arising from your use of AI-generated content after your review and approval
• Regulatory fines or penalties resulting from your failure to comply with applicable laws in your jurisdiction

18. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the service relationship. This includes business strategies, pricing, customer data, AI prompts and configurations, and technical implementations.

Limitations: You acknowledge that confidential information processed through third-party AI platforms is subject to those platforms' data handling practices. While we use API-based integrations designed to minimize data exposure, we cannot guarantee that third-party AI providers will never access, retain, or use data in ways beyond our control. We select AI providers with enterprise-grade data protection policies and maintain DPAs where available.

Confidentiality obligations survive termination of services for a period of three (3) years.

19. Termination

After Minimum Commitment: Either party may terminate services with 30 days written notice after the initial three-month commitment period.

Early Termination: Termination during the three-month minimum commitment period requires payment of remaining months as described in Section 3.

Termination for Cause: We may terminate immediately if you:

• Fail to pay fees after 14 days written notice
• Breach these Terms or your Service Agreement
• Engage in illegal or fraudulent activities
• Misuse AI systems in ways that violate laws or third-party terms
• Damage our reputation or business relationships
• Violate the Acceptable Use policy (Section 5)

Effect of Termination: Upon termination:

• All outstanding fees become immediately due
• Access to our platforms, tools, and systems will be revoked
• AI assistants and automation will be deactivated
• Website transfer (if applicable) requires payment of all outstanding balances
• Territory exclusivity protections end immediately
• Client data will be handled in accordance with our Privacy Policy (Section 9)

20. Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

• Good faith negotiation between the parties
• If unresolved, mediation in the State of Florida
• If mediation fails, binding arbitration under the rules of the American Arbitration Association

These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You agree that any arbitration or legal proceeding shall be conducted in Miami-Dade County, Florida.

21. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations due to causes beyond its reasonable control, including but not limited to:

• Natural disasters, acts of God, pandemics, or government actions
• Third-party AI platform outages, degradation, or discontinuation of services
• Internet or telecommunications failures
• Cyberattacks, data breaches at third-party providers, or security incidents beyond our control
• Changes in third-party platform policies, algorithms, or APIs that affect service delivery
• Changes in laws or regulations that materially affect our ability to provide services

The affected party will provide prompt notice and use commercially reasonable efforts to resume performance. If a force majeure event continues for more than 60 days, either party may terminate the affected services without penalty.

22. Regulatory Compliance

Market Movers Inc. operates in compliance with applicable AI and marketing regulations, including:

• Federal (FTC): All content, including AI-generated content, adheres to truth-in-advertising standards under Section 5 of the FTC Act and the FTC's Operation AI Comply enforcement framework. We do not use AI to create deceptive content, fake reviews, or misleading representations.
• TCPA: All AI-powered calls and texts comply with the Telephone Consumer Protection Act, including the FCC's February 2024 classification of AI-generated voices as "artificial or prerecorded voice."
• CAN-SPAM: All AI-generated email communications comply with the CAN-SPAM Act.
• New York: In compliance with the New York Synthetic Performer Disclosure Law (S.8420-A, effective June 9, 2026), advertisements containing AI-generated depictions of people will include conspicuous disclosures.
• Connecticut: In compliance with the CTDPA as amended (SB 1295, effective July 1, 2026), our Privacy Policy includes LLM training data and profiling disclosures.
• California: In compliance with the B.O.T. Act (SB 1001), SB 243, CCPA/CPRA, and applicable AI transparency laws.

As AI regulations continue to evolve, Market Movers Inc. will update these Terms and our practices to maintain compliance. Clients operating in states with additional requirements should notify us so we can ensure compliance in their jurisdictions.

23. Notices

All formal notices required under these Terms shall be in writing and delivered by email with read receipt, certified mail, or recognized overnight courier to the addresses specified in the Service Agreement. Notices are deemed received upon confirmed delivery. Routine communications (approvals, feedback, scheduling) may be conducted via email or other agreed-upon channels.

24. Assignment

You may not assign or transfer these Terms or your Service Agreement without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this section is void.

25. Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time. A waiver of any breach shall not constitute a waiver of any subsequent breach.

26. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

27. Entire Agreement

These Terms, together with your Service Agreement and our Privacy Policy, constitute the entire agreement between you and Market Movers Inc. regarding the services described herein. In the event of a conflict between these Terms and your Service Agreement, the Service Agreement shall prevail with respect to the specific services covered therein.

28. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new terms on our website, updating the "Last updated" date, and providing at least 30 days notice for material changes via email. Continued use of our services after the effective date of changes constitutes acceptance of the updated Terms.

29. Contact Information

For questions about these Terms or our services, please contact us:

Market Movers Inc.
1150 NW 72nd Ave, Tower 1
STE 455
Miami, FL 33126
United States

Legal Inquiries: legal@marketmovers.ai
General Inquiries: info@marketmovers.ai