LEGAL POLICIES AND COMPLIANCE FRAMEWORK
Effective Date: Feb 23 2026
These Legal Policies supplement and are incorporated into the Terms of Service and Privacy Policy of NEMT Growth Machine and ONE NEMT (collectively, “Company,” “we,” “us,” or “our”).
These policies apply to:
• www.nemtgrowthmachine.com
• www.onenemt.com
• All subdomains
• The ONE NEMT SaaS platform
• All CRM, AI, telecommunications, automation, website, consulting, marketing, and related services
By accessing or using any Company service, you agree to these policies.
ENTERPRISE RISK ALLOCATION STATEMENT
The Company provides marketing systems, automation software, CRM infrastructure, telecommunications routing, AI tools, and business consulting.
The Company does NOT:
• Provide legal advice
• Provide compliance certifications
• Provide regulatory representation
• Guarantee lawful marketing conduct
• Guarantee business results
• Guarantee telecommunications compliance
• Guarantee data protection compliance
• Guarantee revenue outcomes
All regulatory, marketing, operational, and compliance risk rests solely with the user.
ACCEPTABLE USE POLICY (STRICT LIABILITY FRAMEWORK)
You may not use the platform to:
• Violate TCPA, CAN-SPAM, or any telemarketing laws
• Send unsolicited SMS without documented consent
• Record calls without legally required consent
• Send unlawful robocalls
• Transmit PHI in violation of HIPAA
• Engage in deceptive marketing
• Harass individuals
• Circumvent opt-out mechanisms
• Scrape data
• Reverse engineer the software
• Use the platform to build competing products
• Launch coordinated spam campaigns
• Facilitate fraud or impersonation
• Interfere with platform stability
We reserve sole discretion to:
• Suspend accounts immediately
• Terminate accounts without notice
• Delete data
• Report unlawful conduct to authorities
No refund shall be issued in cases of policy violation.
TELECOMMUNICATIONS AND TCPA LIABILITY DISCLAIMER
ONE NEMT may provide:
• SMS messaging capabilities
• Call tracking
• AI call handling
• Voicemail routing
• Call recording
• Automated response sequences
YOU ARE SOLELY RESPONSIBLE FOR:
• Maintaining written express consent for SMS
• Documenting opt-in timestamps
• Maintaining opt-out logs
• Ensuring compliance with federal and state laws
• Providing disclosures
• Managing do-not-call compliance
• Adhering to quiet hours and calling windows
The Company:
• Is not a telecommunications carrier
• Is not responsible for message content
• Is not responsible for consent collection
• Is not responsible for regulatory fines
• Is not responsible for TCPA class actions
You agree to defend and indemnify the Company against all telecommunications claims, including class actions.
HIPAA AND HEALTH DATA DISCLAIMER
The Company is not a covered entity and is not acting as a HIPAA Business Associate unless a separate executed Business Associate Agreement exists.
Users are solely responsible for:
• Determining whether HIPAA applies
• Avoiding improper PHI transmission
• Executing required agreements
• Ensuring secure handling of sensitive information
Absent a signed BAA, the platform is not intended for storage of regulated health information.
AI SYSTEMS LIABILITY DISCLAIMER
The platform may include AI-generated responses, automated intake systems, or conversational agents.
You acknowledge:
• AI systems are probabilistic
• AI outputs may contain errors
• AI may misinterpret user input
• AI responses are not guaranteed accurate
• AI does not provide professional advice
You assume all risk arising from reliance on AI-generated communications.
The Company disclaims all liability for:
• Business losses caused by AI
• Client dissatisfaction
• Miscommunication
• Contractual misunderstandings
You are responsible for monitoring and supervising AI interactions.
DATA PROCESSING ADDENDUM (MAXIMUM INSULATION MODEL)
Role Definition
For SaaS Customer Data:
• You are the data controller
• We are the data processor
We process data solely for service delivery.
You are responsible for:
• Lawful basis for processing
• Consent management
• Regulatory compliance
• Data accuracy
• Handling subject access requests
• Deletion compliance
Subprocessors
We may use third parties including:
• Cloud hosting providers
• AI infrastructure providers
• SMS gateways
• Voice carriers
• Analytics providers
• Payment processors
We may change subprocessors at our discretion.
Security Disclaimer
We implement commercially reasonable safeguards. However:
• No system is impenetrable
• We do not guarantee absolute security
• You assume risk of internet transmission
Data Retention
We may retain backups after termination for audit, compliance, or technical reasons.
BILLING, CHARGEBACK, AND PAYMENT PROTECTION POLICY
All payments are due as agreed.
You agree:
• Not to initiate unjustified chargebacks
• That setup fees are non-refundable
• That subscription fees are non-refundable unless required by law
Improper chargebacks may result in:
• Immediate suspension
• Collection activity
• Recovery of legal fees
LIMITATION OF LIABILITY (ENHANCED PROTECTION)
To the maximum extent permitted by law:
The Company shall not be liable for:
• Lost profits
• Lost revenue
• Lost contracts
• Regulatory fines
• Business interruption
• Data loss
• Third-party claims
• Consequential damages
• Punitive damages
Total aggregate liability shall not exceed the lesser of:
• Three months of fees paid
OR
• $1,000
This limitation applies regardless of theory of liability.
FORCE MAJEURE
We are not liable for failure to perform due to:
• Carrier outages
• Internet disruptions
• Government actions
• Regulatory changes
• Natural disasters
• Acts of war
• Cyberattacks
• Labor disruptions
DISPUTE RESOLUTION AND ARBITRATION
All disputes shall be resolved by binding arbitration in North Carolina.
You waive:
• Jury trial
• Class action participation
• Collective proceedings
Each party bears its own legal fees unless otherwise awarded.
GOVERNING LAW
These policies are governed by the laws of the State of North Carolina.
SURVIVAL
The following survive termination:
• Indemnification
• Limitation of liability
• Arbitration
• Data retention rights
• Payment obligations
INDEMNIFICATION (BROAD FORM)
You agree to indemnify, defend, and hold harmless the Company from any claim arising out of:
• Regulatory violations
• TCPA claims
• Privacy violations
• Data breaches caused by your conduct
• AI misuse
• Marketing misconduct
• Client disputes
• Government investigations
This obligation includes attorney’s fees and settlement costs.
ENFORCEMENT DISCRETION
We may:
• Investigate suspected violations
• Access account data for compliance review
• Cooperate with law enforcement
• Terminate accounts without notice
We are not obligated to monitor but may do so at our discretion.
ENTIRE LEGAL FRAMEWORK
These Legal Policies are incorporated into and governed by the Terms of Service and Privacy Policy.
In the event of conflict, the Terms of Service control.
FINAL NOTICE
IF YOU DO NOT AGREE TO THESE LEGAL POLICIES, YOU MAY NOT ACCESS OR USE ANY COMPANY SERVICES.