TERMS OF SERVICE AGREEMENT

Effective Date: August 27, 2026
Last Updated: August 27, 2026

These Terms of Service (“Terms” or “Agreement”) govern access to and use of the websites, platforms, artificial intelligence solutions, automation services, consulting services, communication systems, integrations, and related services provided by Arbitron Systems LLC (“Arbitron Systems,” “Company,” “we,” “us,” or “our”).

By purchasing, accessing, subscribing to, or using Arbitron Systems' services, the individual or entity receiving the services (“Client,” “Customer,” “you,” or “your”) agrees to these Terms.

If you are accepting these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization to this Agreement.

1. SERVICES

Arbitron Systems provides AI-powered business automation, technology implementation, consulting, marketing automation, and related business services.

Depending upon the Client's selected services, these may include:

  • AI voice receptionists and voice agents
  • AI appointment-setting systems
  • Lead capture and qualification
  • Lead nurturing and automated follow-up
  • Lead reactivation
  • Missed-call response
  • CRM setup, management, and automation
  • SMS and email automation
  • Appointment confirmations and reminders
  • Customer communication workflows
  • Review and reputation-management automation
  • Sales and marketing automation
  • Database reactivation and outreach
  • AI-assisted content and communication
  • Workflow and business-process automation
  • Third-party software integrations
  • Reporting and analytics
  • AI strategy, consulting, implementation, and support

Specific deliverables, pricing, implementation requirements, usage allowances, and service levels may be established through an order form, proposal, statement of work, invoice, subscription agreement, or other written agreement between Arbitron Systems and the Client.

2. OUR ROLE

Arbitron Systems provides technology, implementation, automation, consulting, and related services intended to improve business efficiency and customer engagement.

Arbitron Systems does not guarantee any specific increase in revenue, profitability, lead volume, appointments, customer acquisition, conversion rate, cost savings, or other business result.

Results depend on numerous factors outside our control, including the Client's industry, market, pricing, reputation, existing database, advertising, sales process, personnel, responsiveness, customer demand, and implementation.

3. AI AND AUTOMATED TECHNOLOGY

The Client understands that certain Arbitron Systems services utilize artificial intelligence, machine learning, automated workflows, conversational systems, and third-party AI technologies.

AI-generated communications may occasionally contain errors, misunderstand information, generate unexpected responses, or require human review.

Clients remain responsible for determining the appropriate level of human oversight for their business and for reviewing important communications and decisions when appropriate.

AI systems should not be relied upon as the sole source of legal, medical, financial, insurance, accounting, engineering, or other regulated professional advice.

Arbitron Systems may establish safeguards, escalation rules, scripts, prompts, permissions, and operating parameters designed to control automated systems; however, no AI system can be guaranteed to perform perfectly in every situation.

4. CLIENT CONTROL AND AUTHORIZATION

Where supported by the applicable service, Clients may establish parameters regarding:

  • What AI systems are permitted to communicate
  • Approved scripts and messaging
  • Business hours and escalation procedures
  • Appointment availability
  • Lead qualification criteria
  • Communication channels
  • Human handoff requirements
  • Automated follow-up sequences
  • Access permissions
  • Other workflow rules

The Client authorizes Arbitron Systems to configure and operate systems according to instructions supplied or approved by the Client.

5. CLIENT RESPONSIBILITIES

The Client agrees to provide accurate and timely information reasonably necessary to implement and maintain the services.

The Client is responsible for:

  • Providing accurate business information
  • Maintaining appropriate licenses and regulatory approvals
  • Reviewing and approving business-specific messaging when required
  • Providing lawful access to customer or prospect information
  • Maintaining appropriate consent records
  • Responding to qualified leads and appointments
  • Maintaining accurate pricing, scheduling, product, and service information
  • Protecting account credentials
  • Training employees regarding relevant workflows
  • Informing Arbitron Systems of material changes affecting automation

The Client may not use Arbitron Systems' services for unlawful, deceptive, fraudulent, abusive, discriminatory, or unauthorized purposes.

6. COMMUNICATIONS, SMS, EMAIL, AND TELEPHONE COMPLIANCE

Clients using telephone, SMS, email, prerecorded, artificial voice, automated dialing, or marketing communication functionality are responsible for ensuring that their campaigns and contact lists comply with applicable laws, regulations, industry requirements, and platform policies.

This may include, where applicable:

  • Telephone Consumer Protection Act requirements
  • Do-Not-Call requirements
  • CAN-SPAM requirements
  • State telemarketing requirements
  • Consent and opt-out requirements
  • Call-recording and monitoring laws
  • Carrier and messaging-provider requirements
  • A2P/10DLC requirements
  • Applicable privacy laws

The Client represents that it possesses the necessary rights, permissions, and consent to contact individuals included in databases provided for outreach.

Arbitron Systems may suspend campaigns or services that we reasonably believe could violate applicable law, carrier requirements, platform policies, or these Terms.

7. CUSTOMER AND CLIENT DATA

As between Arbitron Systems and the Client, the Client retains ownership of customer, prospect, lead, and proprietary business data supplied by the Client, subject to applicable law and contractual rights.

The Client grants Arbitron Systems permission to access, process, transmit, store, and use such data to the extent reasonably necessary to provide the contracted services.

Arbitron Systems does not acquire ownership of a Client's customer database merely because the information is processed through our systems.

8. DATA PROVIDED TO AI SYSTEMS

Arbitron Systems may use third-party artificial intelligence, cloud-computing, CRM, telecommunications, analytics, and automation providers to deliver services.

The Client acknowledges that information necessary to perform an authorized service may be processed through these third-party systems.

Arbitron Systems does not intentionally use a Client's confidential customer database to train Arbitron Systems' own general-purpose AI models unless specifically authorized by the Client.

Third-party providers remain subject to their own contractual terms, data-processing practices, privacy policies, and security practices.

9. DATA SECURITY

Arbitron Systems will use commercially reasonable administrative, organizational, and technical safeguards designed to protect information processed through our services.

However, no electronic system, cloud platform, communication network, software product, or internet transmission can be guaranteed to be completely secure.

The Client is responsible for maintaining secure passwords, user permissions, devices, internal networks, and access credentials under its control.

10. THIRD-PARTY SERVICES

Arbitron Systems may integrate with or rely upon third-party software and services, including CRM platforms, AI providers, telecommunications providers, scheduling systems, email providers, payment processors, social platforms, cloud providers, and other technology vendors.

Third-party services are not entirely controlled by Arbitron Systems.

Accordingly, Arbitron Systems is not responsible for outages, service interruptions, policy changes, pricing changes, API modifications, account suspensions, security incidents, functionality changes, or other actions originating from third-party providers except to the extent otherwise required by law or expressly agreed in writing.

11. FEES AND PAYMENT

The Client agrees to pay all fees associated with the selected services according to the applicable proposal, order form, invoice, subscription agreement, or statement of work.

Fees may include:

  • Initial setup or implementation fees
  • Monthly service fees
  • Software or platform fees
  • AI usage charges
  • Telephone or messaging charges
  • Integration expenses
  • Advertising expenses
  • Custom-development charges
  • Third-party service expenses
  • Additional professional services

Unless otherwise agreed in writing, recurring charges are due according to the Client's applicable billing schedule.

12. LATE OR FAILED PAYMENTS

If payment is declined, overdue, disputed without reasonable basis, or otherwise unpaid, Arbitron Systems may suspend or restrict services until the account is brought current.

The Client remains responsible for amounts incurred before suspension or termination.

Any collection costs, chargeback fees, or other recovery costs may be charged to the Client to the extent permitted by applicable law and the applicable agreement.

13. SUBSCRIPTIONS AND CANCELLATION

Subscription terms, minimum commitments, renewal periods, and cancellation requirements may be specified in the Client's applicable proposal, order form, or service agreement.

Cancellation of Arbitron Systems services does not automatically cancel third-party subscriptions or services independently purchased or controlled by the Client.

Upon termination, access to certain automations, software configurations, phone numbers, integrations, workflows, or other resources may end depending upon ownership, licensing arrangements, and third-party platform requirements.

14. INTELLECTUAL PROPERTY

Arbitron Systems retains ownership of its pre-existing and independently developed intellectual property, including:

  • Proprietary methodologies
  • Automation frameworks
  • Workflow architecture
  • Templates
  • System designs
  • Prompts and prompt frameworks
  • Processes
  • Documentation
  • Training materials
  • Software configurations
  • Business methods
  • Branding
  • Proprietary technology

Unless otherwise agreed in writing, providing services to a Client does not transfer ownership of Arbitron Systems' underlying intellectual property.

Client-owned trademarks, logos, customer databases, proprietary content, and other materials remain the Client's property.

15. ACCEPTABLE USE

Clients may not use the services to:

  • Commit fraud or impersonate another person unlawfully
  • Send unlawful spam or unauthorized communications
  • Harass, threaten, or abuse individuals
  • Violate privacy or data-protection laws
  • Infringe intellectual-property rights
  • Distribute malicious software
  • Attempt unauthorized access to systems or accounts
  • Conduct illegal activities
  • Misrepresent AI communications in violation of applicable law
  • Circumvent security measures or platform restrictions

Arbitron Systems reserves the right to suspend services when we reasonably believe they are being used unlawfully or in violation of these Terms.

16. CONFIDENTIALITY

Each party may receive confidential or proprietary information belonging to the other party.

Each party agrees to use reasonable measures to protect confidential information and to use such information only for purposes related to the business relationship.

Confidential information does not include information that is publicly available through no breach of this Agreement, independently developed without use of confidential information, or lawfully received from another source without confidentiality restrictions.

17. SERVICE AVAILABILITY

Arbitron Systems will use commercially reasonable efforts to maintain reliable services.

However, uninterrupted availability is not guaranteed.

Services may occasionally be unavailable because of maintenance, software updates, internet disruptions, telecommunications failures, third-party outages, API failures, cybersecurity events, force majeure events, or circumstances outside Arbitron Systems' reasonable control.

18. NO GUARANTEE OF RESULTS

Arbitron Systems provides tools, technology, implementation, automation, and business strategies designed to improve efficiency and business performance.

We do not guarantee:

  • Specific revenue
  • Specific profit
  • Specific numbers of leads
  • Specific conversion rates
  • Specific appointment volume
  • Specific cost reductions
  • Search-engine rankings
  • Advertising results
  • Customer retention rates
  • Business growth

Past results or examples do not guarantee future performance.

19. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ARBITRON SYSTEMS DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRON SYSTEMS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA ARISING FROM THE USE OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBITRON SYSTEMS' AGGREGATE LIABILITY ARISING FROM THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY THE CLIENT TO ARBITRON SYSTEMS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

21. INDEMNIFICATION

To the extent permitted by law, the Client agrees to indemnify and hold harmless Arbitron Systems LLC and its owners, officers, employees, contractors, and agents from third-party claims, damages, liabilities, penalties, and reasonable costs arising from:

  • Client's unlawful use of the services
  • Client-provided data obtained without appropriate authority
  • Communications initiated without legally required consent
  • Client's violation of applicable laws
  • Client's violation of these Terms
  • Client content that infringes third-party rights

This provision does not require indemnification for matters caused solely by Arbitron Systems' own conduct where such indemnification is prohibited by law.

22. TERMINATION OR SUSPENSION

Arbitron Systems may suspend or terminate services for material breach of these Terms, nonpayment, fraudulent activity, security threats, unlawful activity, misuse of the services, or conduct that could materially harm Arbitron Systems, its providers, or other customers.

Where reasonably practicable, Arbitron Systems may provide notice and an opportunity to correct the issue before termination.

23. FORCE MAJEURE

Neither party will be responsible for delays or failures caused by events reasonably outside its control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disruptions, government actions, telecommunications failures, internet outages, utility failures, widespread cybersecurity incidents, or material failures of third-party infrastructure.

24. GOVERNING LAW

Unless otherwise stated in a separate written agreement, these Terms shall be governed by the laws of the State of Louisiana, without regard to conflict-of-law principles.

Any dispute concerning these Terms shall be subject to the jurisdiction and venue established by applicable law or any separate written agreement between the parties.

25. CHANGES TO THESE TERMS

Arbitron Systems may update these Terms periodically to reflect changes in our technology, services, business practices, third-party requirements, or applicable laws.

The updated version will identify a revised “Last Updated” date.

Material changes affecting existing contractual obligations will be handled in accordance with applicable law and any separate agreement between Arbitron Systems and the Client.

26. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with any applicable proposal, order form, statement of work, subscription agreement, privacy policy, or other written agreement incorporated by reference, constitute the agreement governing the applicable services.

If a signed agreement expressly conflicts with these general Terms, the signed agreement will control with respect to that conflict unless otherwise stated.

27. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by law.

28. NO WAIVER

Failure by Arbitron Systems to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

29. ELECTRONIC ACCEPTANCE

Electronic acceptance, electronic signatures, online purchases, and other electronic acknowledgments may constitute acceptance of these Terms to the extent permitted by applicable law.

30. CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Arbitron Systems LLC
Website: arbitronsystems.com
Phone: (504) 420-7009

Automated Advantage. Engineered Profit.


BY ACCESSING, PURCHASING, OR USING ARBITRON SYSTEMS SERVICES, THE CLIENT ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO THESE TERMS OF SERVICE.