Terms that govern website use, B2B services, AI systems, communications, and SMS consent.

1. Introduction

These Terms of Service, referred to as “Terms,” describe the conditions under which FULCRUMIQ GROUP HOLDINGS LLC, referred to as “FulcrumIQ,” “the Company,” “we,” “us,” or “our,” operates its website, communicates with website visitors, and provides services to customers and prospective customers.

FulcrumIQ provides Business-to-Business Services. We install AI-powered business growth infrastructure for service businesses, including AI reception, CRM automation, lead-flow automation, smart websites, reputation systems, search visibility systems, customer communication workflows, and related operational automation.

SMS communication is used only for individuals who submit the official FulcrumIQ Lead Flow Audit form or otherwise provide express opt-in consent. SMS messages may relate to the user’s inquiry, scheduling, confirmations, service updates, onboarding coordination, and support. SMS consent is optional and is not required as a condition of purchase.

These Terms apply to use of the website located at https://fulcrumiq.com, all service engagements with the Company, and all communications, forms, booking pages, website intake systems, phone calls, SMS messages, email messages, AI communication systems, CRM systems, automation systems, and other business communication channels operated by or on behalf of the Company.

Please read these Terms carefully before using our website, submitting information, communicating with us, or engaging with our services. If you do not agree with these Terms, you should not use our website or services.

These Terms are intended to be read together with our Privacy Policy, available at https://fulcrumiq.com/privacy-policy, which is incorporated by reference.

2. Business Identity

The legal entity responsible for this website and all services described in these Terms is:

FulcrumIQ operates as a Business-to-Business Services provider. Our website, services, systems, and communications are intended for business owners, professionals, service businesses, contractors, trades, real estate operators, legal practices, professional services, and other commercial users.

3. Age and Business Use Requirement

The website and services of the Company are intended for business owners, professionals, and adults who are 18 years of age or older and who are operating in commercial, professional, or service industry contexts.

By using the website, submitting information, booking a consultation, opting in to communications, or engaging with our services, you represent that you are at least 18 years of age and have the authority to act on behalf of yourself, your business, or your organization.

The website and services are not directed to individuals under the age of 18.

4. Services Provided

The Company designs, builds, configures, and installs AI-powered business growth infrastructure and automation systems intended to support service businesses, small and mid-sized businesses, contractors, trades, real estate businesses, legal practices, professional service providers, and other commercial operators.

Services and systems offered may include, but are not limited to:

• AI reception and customer response systems
• AI-powered phone, voice, and customer communication systems
• Smart website and funnel systems
• CRM setup and workflow automation
• Lead capture and follow-up systems
• Missed-call recovery systems
• Appointment booking workflows
• Review request and reputation management workflows
• Customer retention and reactivation workflows where lawful and consent-based
• Customer communication workflows
• Email, SMS, phone, form, chat, and website intake systems
• Search visibility, reputation, reporting, and operational visibility systems
• Business growth automation and AI-powered operational infrastructure

The specific services provided to each customer are governed by a separate service agreement, proposal, invoice, order form, statement of work, subscription agreement, or written engagement arrangement between the customer and the Company.

Descriptions of services on this website are provided for informational purposes only and do not constitute an offer, promise, warranty, or guarantee of specific outcomes, approvals, deliverables, revenue increases, rankings, message deliverability, platform approvals, or business results.

The Company reserves the right to modify, update, add, pause, discontinue, or replace services with reasonable notice where practicable.

5. Website Use

This website is provided to allow visitors, prospective customers, and current customers to learn about our Business-to-Business Services, submit inquiries, request consultations, book appointments, review our policies, and communicate with us.

You agree to use this website only for lawful purposes and in a manner consistent with these Terms.

You agree not to:

• Use the website in any manner that violates applicable local, state, provincial, federal, or international law or regulation
• Submit false, misleading, fraudulent, or unauthorized information through any form or intake channel
• Attempt to gain unauthorized access to any system, database, server, account, CRM, workflow, automation, or communication channel associated with the website or our services
• Use automated tools, bots, scrapers, or similar technologies to access the website in a manner that may impair, overload, or interfere with its operation
• Copy, reproduce, resell, reverse engineer, or exploit any website content, workflows, prompts, frameworks, designs, systems, code, documentation, or materials except as expressly permitted in writing
• Use the website or our systems to send spam, unlawful messages, unauthorized SMS, unlawful calls, fraudulent content, or misleading communications
• Interfere with website security, platform integrity, message routing, or customer communication workflows

6. Submitted Information

When you submit a form, request a Lead Flow Audit, book a consultation, contact us, or provide information through our website, you agree that the information you provide is accurate, current, and submitted with proper authority.

Submitted information may include your name, business name, email address, phone number, website, business role, industry, inquiry details, communication preferences, and other information needed to respond to your request or evaluate service fit.

Submitting information through the website does not guarantee that we will provide services, approve a request, accept an engagement, provide a quote, or enter into a business relationship.

Providing a phone number through a form or intake channel does not, by itself, constitute consent to receive SMS or text messages from us. SMS consent requires a separate affirmative opt-in action.

7. AI-Powered Systems

FulcrumIQ may use, configure, or install AI-powered systems, AI voice systems, AI chat systems, automation workflows, CRM tools, smart website systems, data capture workflows, and other business automation tools as part of our services.

AI-powered systems may assist with tasks such as intake, routing, response drafting, call handling, appointment coordination, lead follow-up, customer support, review workflows, reporting, and operational visibility.

AI systems are not a substitute for professional judgment, legal advice, financial advice, medical advice, engineering review, regulatory review, or human oversight where required.

AI-generated outputs may be incomplete, inaccurate, delayed, or require review. Customers remain responsible for reviewing important outputs, confirming accuracy, maintaining proper records, and using AI-assisted information appropriately.

Where AI voice systems, AI phone systems, or automated assistants are used for outbound communication, those communications must be consistent with applicable law, platform rules, customer consent, and the scope of the applicable engagement.

8. Customer Responsibilities

Customers and prospective customers are responsible for providing accurate information, maintaining lawful business practices, and ensuring that their own use of any systems, workflows, communications, automations, databases, contact lists, or customer data complies with applicable law and platform requirements.

Customers are responsible for:

• Providing accurate business, billing, service, compliance, and account information
• Ensuring that customer data, contact lists, phone numbers, email addresses, and other information provided to us was lawfully collected
• Obtaining and maintaining any required consents from their own customers, leads, or contacts
• Honoring opt-out, unsubscribe, STOP, HELP, do-not-contact, and other communication preference requests
• Reviewing and approving messaging content, workflows, offers, scripts, intake logic, and automation rules before use where applicable
• Monitoring system performance, messages, calls, inquiries, and customer communications after launch
• Maintaining compliance with industry-specific, jurisdiction-specific, carrier, CRM, phone, email, SMS, privacy, and platform requirements
• Promptly notifying the Company of changes to business operations, contact lists, offers, services, messaging practices, or compliance obligations that may affect service delivery or risk

The Company is not responsible for losses, claims, fines, penalties, rejected messages, suspended accounts, blocked campaigns, compliance actions, or other consequences arising from a customer’s failure to fulfill these responsibilities.

9. SMS, Phone, Email, and Communication Terms

SMS Program Name: FULCRUMIQ GROUP HOLDINGS LLC Customer Communications Program.

FulcrumIQ provides Business-to-Business Services and may collect contact information, including mobile phone numbers, to respond to inquiries, schedule consultations, coordinate services, provide onboarding information, provide customer support, and operate communication systems related to services requested by customers or prospective customers.

The Company’s messaging practices are designed to support compliance with applicable carrier requirements, CTIA messaging principles, TCPA requirements where applicable, CAN-SPAM requirements where applicable, platform rules, and other applicable messaging laws and industry standards.

Official Lead Flow Audit Opt-In Path

SMS communication is used only for individuals who submit the official FulcrumIQ Lead Flow Audit form or otherwise provide express opt-in consent. Messages may relate to the user’s inquiry, scheduling, confirmations, service updates, onboarding coordination, and support.

Submitting a form, providing a phone number, calling our business, using the website, or accepting these Terms does not, by itself, create SMS consent.

Collection of Contact Information

We may collect contact information, including mobile phone numbers, through:

• The official FulcrumIQ Lead Flow Audit form
• Website forms and intake forms
• Booking pages and consultation request pages
• Website intake and communication systems
• Phone calls initiated by the user
• SMS interactions initiated by the user or following opt-in
• Email communications
• Customer support channels
• Other lawful intake or communication methods

Types of SMS Messages We May Send

When express SMS consent has been provided, we may send SMS or text messages related to:

• Lead Flow Audit inquiry follow-up
• Appointment scheduling
• Appointment confirmations
• Appointment reminders
• Requested information
• Service updates
• Onboarding coordination
• Customer support messages
• Account or service-related notifications
• Follow-up communications directly related to the user’s inquiry or service relationship

SMS Consent Requires Affirmative Opt-In

SMS consent is obtained only through a separate affirmative opt-in action, such as selecting an optional SMS consent checkbox, submitting an SMS consent form, confirming an opt-in where applicable, replying to initiate or confirm a messaging interaction where permitted, or otherwise providing express written consent.

SMS consent checkboxes are optional and are never pre-checked.

SMS consent is not bundled with general Terms acceptance, website use, AI communication consent, phone call consent, or simple submission of a contact form.

You may submit a form, request information, request a quote, or request services without consenting to receive SMS or text messages.

SMS Consent Is Not a Condition of Purchase

Consent to receive SMS or text messages is not required as a condition of purchasing any service or product from the Company.

Message Frequency

Message frequency may vary depending on the nature of your inquiry, the scheduling process, service coordination, onboarding status, support needs, and service relationship.

Message and Data Rates

Message and data rates may apply. Your mobile carrier may charge fees for sending or receiving text messages. You are responsible for any charges assessed by your mobile carrier.

Protection of Mobile Opt-In Data

Mobile opt-in information and SMS consent records will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes.

Information sharing to subcontractors or service providers in support services, such as customer support, CRM operations, SMS delivery, phone systems, automation platforms, or messaging infrastructure, is permitted only as necessary to provide services to us or to operate the messaging program.

All other use case categories exclude text messaging originator opt-in data and consent. Text messaging originator opt-in data and consent will not be shared with any third parties except aggregators, carriers, and providers of text messaging services as necessary to operate the SMS program.

AI Phone and Voice Communications

Where AI-powered phone systems, AI voice systems, or automated assistants are used, such systems may support intake, routing, reminders, scheduling, voicemail, and customer communication workflows. Outbound AI voice communication must be consistent with applicable law, platform rules, and any required consent.

AI communication consent, where requested, is separate from SMS consent. A user’s consent to SMS does not automatically create consent for AI voice calls, and AI communication consent does not automatically create SMS consent.

Email Communications

We may send email communications related to inquiries, consultations, service updates, onboarding, billing, support, account administration, and other business communications. Email communications may include unsubscribe instructions where required by applicable law.

10. SMS STOP and HELP

SMS Opt-Out

You may opt out of receiving SMS or text messages from FULCRUMIQ GROUP HOLDINGS LLC at any time by replying STOP to any text message you receive from us.

After you reply STOP, we may send one final confirmation message to confirm that you have been unsubscribed. After that, no further SMS messages will be sent to that number unless you choose to opt in again.

SMS Help

If you need assistance, reply HELP to any text message from us. You may also contact us directly using the information below:

Carrier Liability

Wireless carriers are not liable for delayed or undelivered messages.

11. Privacy and Data Practices

Our collection, use, retention, sharing, and protection of personal information is described in our Privacy Policy at https://fulcrumiq.com/privacy-policy.

By using the website, submitting information, opting in to communications, or engaging with our services, you acknowledge that you have reviewed the Privacy Policy.

Mobile opt-in information and SMS consent records will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes.

Customers who provide data, contact lists, customer records, call recordings, lead records, CRM data, or other business information to the Company represent that they have the lawful right and required consents to provide that information for the purpose of service delivery.

12. Payments and Fees

Fees, payment terms, setup costs, subscription charges, managed service fees, usage charges, platform fees, and other commercial terms are governed by the applicable proposal, invoice, order form, statement of work, subscription agreement, or written engagement arrangement.

Unless otherwise stated in writing, fees may include setup fees, implementation fees, monthly service fees, software access fees, consulting fees, managed service fees, usage-based fees, third-party platform fees, AI usage fees, phone charges, SMS charges, email usage charges, hosting charges, domain charges, integration fees, and other service-related costs.

FulcrumIQ does not offer unlimited use of systems that create usage-based charges unless such terms are expressly stated in a signed written agreement. AI voice minutes, SMS messages, phone usage, email usage, AI model usage, third-party platform actions, data processing, and other metered services may result in additional charges or overages.

Customers are responsible for paying all applicable fees, overages, taxes, platform costs, usage charges, pass-through charges, and third-party fees associated with the systems and services they use.

Late payments, failed payments, chargebacks, non-payment, or billing disputes may result in suspension, limitation, or termination of services, workflows, platform access, communication systems, AI systems, or support.

13. Refunds and Cancellations

Refunds, cancellations, waiting periods, partial refunds, non-refundable setup fees, implementation fees, usage-based charges, third-party charges, and cancellation procedures are governed by our Refund Policy, available at https://fulcrumiq.com/refund-policy, and by any applicable written agreement between the customer and the Company.

Unless expressly stated in writing, setup fees, implementation fees, custom build fees, third-party platform charges, domain fees, phone charges, SMS charges, AI usage charges, completed service work, consulting time, and pass-through costs may be non-refundable.

Cancellation of a service may not automatically cancel third-party subscriptions, phone numbers, domains, software accounts, or platform services that are billed separately or controlled by the customer.

14. No Guarantee of Results

FulcrumIQ provides AI-powered business growth infrastructure, automation systems, operational workflows, website systems, CRM systems, communication systems, and related services designed to improve business operations, response time, visibility, follow-up, and customer communication.

We do not guarantee specific revenue increases, profit increases, rankings, lead volume, sales, booked appointments, review volume, conversion rates, platform approvals, A2P approvals, deliverability rates, search visibility, AI search placement, advertising results, customer responses, or business outcomes.

Results depend on many factors outside our control, including the customer’s offer, pricing, market, sales process, staff behavior, response quality, customer demand, competition, advertising spend, data quality, compliance practices, and third-party platform performance.

15. Third-Party Platforms

Our services may involve third-party platforms, including CRM systems, website builders, phone providers, SMS providers, AI service providers, payment processors, email systems, calendar tools, analytics systems, advertising platforms, domain providers, hosting providers, and other software or infrastructure providers.

Third-party platforms may have their own terms, privacy policies, usage rules, billing policies, compliance requirements, service limitations, outages, approval requirements, and support processes.

FulcrumIQ is not responsible for the acts, omissions, outages, suspensions, pricing changes, account restrictions, campaign rejections, deliverability issues, downtime, data loss, policy changes, or service limitations of third-party platforms.

Customers may be required to maintain their own accounts, billing details, login credentials, platform permissions, and compliance settings for third-party systems.

16. Intellectual Property

The website, brand assets, service descriptions, frameworks, diagrams, copy, designs, layouts, graphics, workflows, prompts, templates, system architecture, methods, documentation, content, and other materials created by or for FulcrumIQ are protected by intellectual property laws and remain the property of the Company or its licensors unless expressly stated otherwise in writing.

FulcrumIQ names, marks, service names, system names, and branded terminology, including AI Workforce Systems™, AI Reception System™, Front Door Operations System™, Revenue Leak Engine™, Smart Website System™, Search Everywhere Authority™, and related names, are used as brand identifiers and may not be copied or used without permission.

No right, title, or interest in the Company’s intellectual property is transferred to you except as expressly stated in a written agreement.

17. Customer Content

Customers may provide business information, text, images, logos, service descriptions, offers, contact data, customer data, testimonials, reviews, website content, call scripts, CRM records, and other materials to support service delivery.

Customers represent that they have the necessary rights, permissions, licenses, consents, and authority to provide such content and to allow the Company to use it for service delivery.

Customers retain ownership of their own pre-existing content, subject to any rights granted to the Company for the purpose of performing services, building systems, operating workflows, creating deliverables, and supporting customer accounts.

18. Acceptable Use

You may not use the website, services, systems, workflows, AI tools, communication channels, phone systems, SMS systems, email systems, or automation systems for unlawful, harmful, deceptive, abusive, or unauthorized purposes.

Prohibited uses include, but are not limited to:

• Sending unlawful, misleading, abusive, harassing, or deceptive communications
• Sending SMS, email, phone, or AI voice communications without required consent
• Using purchased, scraped, rented, or unauthorized contact lists for SMS outreach
• Misrepresenting identity, affiliation, offers, pricing, results, or business claims
• Uploading or transmitting malicious code, malware, spyware, or harmful content
• Attempting to bypass consent, opt-out, carrier, platform, or compliance controls
• Using systems for illegal products, services, fraud, impersonation, or prohibited content
• Violating third-party platform rules, carrier rules, privacy laws, consumer protection laws, or communication laws

The Company may suspend or terminate access to services if it believes a customer’s use creates legal, platform, carrier, security, operational, or reputational risk.

19. Communication Compliance

Customers are responsible for ensuring that their use of communications systems, including SMS, email, phone, AI voice, voicemail, chat, forms, CRM workflows, and customer outreach, complies with applicable laws, rules, and platform requirements.

This may include requirements under TCPA, CAN-SPAM, CASL, CTIA guidelines, A2P/10DLC carrier requirements, privacy laws, consumer protection laws, call recording laws, AI disclosure rules, industry-specific rules, and other applicable requirements.

FulcrumIQ may assist with system configuration, workflows, consent language, policy alignment, and operational best practices, but such assistance does not replace legal advice. Customers should consult qualified legal counsel regarding their specific compliance obligations.

The Company may modify, pause, restrict, or decline to deploy communications, workflows, scripts, campaigns, automations, or systems that it believes may create legal, platform, carrier, deliverability, or reputational risk.

20. Disclaimers

The website and services are provided on an “as available” and “as provided” basis unless otherwise stated in a written agreement.

We do not warrant that the website, services, systems, AI outputs, workflows, integrations, communications, or third-party platforms will be uninterrupted, error-free, secure, approved by any platform, or free from delays, defects, outages, or inaccuracies.

AI outputs, automation outputs, system recommendations, business diagnostics, revenue estimates, calculator outputs, and workflow suggestions are provided for informational and operational planning purposes only and should be reviewed before reliance.

21. Limitation of Liability

To the fullest extent permitted by law, FULCRUMIQ GROUP HOLDINGS LLC, its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, consequential, punitive, exemplary, or similar damages, including lost profits, lost revenue, lost data, business interruption, loss of goodwill, or loss of opportunity.

To the fullest extent permitted by law, the Company’s total liability for any claim arising out of or related to the website, services, systems, communications, or these Terms will not exceed the amount paid by the customer to the Company for the specific service giving rise to the claim during the three months before the event giving rise to the claim, unless a different limitation is stated in a signed written agreement.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

22. Indemnification

You agree to defend, indemnify, and hold harmless FULCRUMIQ GROUP HOLDINGS LLC, its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use of the website or services
• Your violation of these Terms
• Your violation of applicable law, regulation, carrier rule, platform rule, or third-party right
• Your content, data, contact lists, customer records, or communications
• Your failure to obtain or maintain required consent
• Your misuse of SMS, email, phone, AI voice, CRM, automation, or communication systems
• Your business practices, offers, claims, products, services, or customer relationships

23. Termination

The Company may suspend or terminate access to the website, services, systems, accounts, workflows, automations, communication tools, or support if you violate these Terms, fail to pay amounts due, create compliance risk, misuse systems, violate platform rules, or engage in conduct that may harm the Company, customers, service providers, or third parties.

Termination may not relieve you of payment obligations, confidentiality obligations, acceptable use obligations, indemnification obligations, or other obligations that by their nature should survive termination.

24. Changes to These Terms

The Company may update these Terms from time to time. When we update the Terms, we may revise the “Last Updated” date shown on this page.

Continued use of the website or services after updates are posted means you accept the updated Terms, unless otherwise required by law or by a written agreement.

Material service-specific changes may also be addressed through updated proposals, invoices, statements of work, subscription terms, written notices, or platform notices.

25. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles, unless a separate written agreement states otherwise.

Any dispute arising from or related to these Terms, the website, or services will be handled in the courts located in Florida, unless otherwise required by law or agreed in writing.

26. Contact Information

If you have questions about these Terms, our services, SMS communication terms, privacy practices, billing, support, or legal notices, please contact us:

For SMS support, reply HELP to any text message from us or contact [email protected]. To stop SMS messages, reply STOP.