Terms of Service

Effective Date: Feb 23 2026

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of:

• www.nemtgrowthmachine.com
• www.onenemt.com
• The ONE NEMT SaaS platform
• Any related subdomains
• Any software, automation systems, AI features, telecommunications services, consulting, marketing services, training, onboarding, or related offerings provided by NEMT Growth Machine and ONE NEMT

NEMT Growth Machine and ONE NEMT are collectively referred to as “Company,” “we,” “us,” or “our.”

By accessing the Website, clicking any acceptance button, creating an account, subscribing to services, or using the platform, you agree to be bound by these Terms. If you do not agree, do not use the services.

Modifications

We may modify these Terms at any time. Changes are effective upon posting. Continued use constitutes acceptance.

Nature of Services

The Company provides:

• Consulting services
• Marketing systems and automation
• CRM software
• Telecommunications features including SMS, voice, voicemail
• AI virtual receptionist services
• Website design and SEO services
• Reporting dashboards
• Training and strategic guidance

We do not provide legal, financial, accounting, medical, or regulatory advice.

No Guarantee of Results

We do not guarantee:

• Revenue
• Lead volume
• Conversion rates
• Contract acquisition
• Business growth
• Compliance with laws

All business outcomes depend on user implementation, market conditions, and external factors.

SaaS Platform License

We grant you a limited, revocable, non-exclusive, non-transferable license to use the ONE NEMT platform for lawful business purposes.

You may not:

• Resell the platform without written authorization
• Reverse engineer the software
• Use the platform to build a competing product
• Access another user’s data
• Circumvent technical limitations

We may suspend or terminate access at our discretion.

Telecommunications and Compliance Responsibilities

If you use phone, SMS, AI, voicemail, or call recording features:

You are solely responsible for:

• Obtaining express written consent for SMS messaging
• Complying with TCPA
• Complying with CAN-SPAM
• Complying with state call recording laws
• Maintaining opt-out mechanisms
• Maintaining required disclosures

You acknowledge that:

• Calls may be recorded
• SMS may incur carrier fees
• AI responses may be automated

The Company is not liable for your regulatory violations.

AI Services Disclaimer

AI features generate automated responses based on algorithmic processes.

You acknowledge:

• AI may produce errors
• AI may misunderstand user input
• AI outputs are not guaranteed accurate
• You are responsible for monitoring AI interactions

We disclaim liability for damages arising from AI outputs.

Data Controller and Data Processor

If you use ONE NEMT:

You are the data controller for customer data.
We are the data processor.

You are responsible for:

• Obtaining consent
• Providing privacy notices
• Responding to deletion requests
• Ensuring lawful data processing

We process data only to provide contracted services.

Payment and Subscription Terms

Certain services require payment.

You agree:

• To pay all fees when due
• That subscriptions may renew automatically unless canceled
• That failure to pay may result in suspension
• That fees are non-refundable unless otherwise specified

We may change pricing with advance notice.

Intellectual Property

All software, branding, content, and materials are owned by the Company or licensed to us.

You may not:

• Copy
• Reproduce
• Modify
• Distribute
• Create derivative works

Unauthorized use may result in legal action.

Acceptable Use

You may not:

• Upload unlawful content
• Engage in fraud
• Transmit malware
• Send spam
• Use the system for illegal marketing
• Harass individuals
• Violate export laws

Violation may result in immediate termination.

Security

You are responsible for safeguarding login credentials.

We are not liable for unauthorized access caused by your failure to maintain security.

Third Party Services

The platform integrates third party providers including but not limited to:

• Cloud hosting providers
• Payment processors
• Telecommunications carriers
• AI infrastructure providers

We are not responsible for third party outages or disruptions.

Availability Disclaimer

We do not guarantee uninterrupted service.

The platform may experience downtime, maintenance, or outages.

We are not liable for losses due to service interruptions.

Limitation of Liability

To the maximum extent permitted by law:

The Company shall not be liable for:

• Indirect damages
• Lost profits
• Lost revenue
• Loss of business
• Regulatory fines
• Data loss
• Consequential damages

Total liability shall not exceed the amount paid by you in the previous 3 months.

Indemnification

You agree to indemnify and hold harmless the Company from any claims arising out of:

• Your misuse of the platform
• Your regulatory violations
• Your failure to obtain consent
• Your customer disputes
• Your unlawful marketing practices

This obligation survives termination.

Right to Refuse or Restrict Service

The Company reserves the right, in its sole discretion and for legitimate business reasons, to refuse, suspend, restrict, or terminate service to any individual or entity. Legitimate business reasons may include, but are not limited to:

• Non-payment or outstanding balances
• Chargebacks or disputed payments
• Repeated cancellations or no-shows
• Fraud or misrepresentation
• Abusive, threatening, or unsafe conduct
• Violation of Company policies
• Operational, safety, or reputational risk concerns

The Company may internally designate accounts as restricted, flagged, or subject to service limitations for risk management purposes. Such internal designations constitute confidential business records and may be used in determining eligibility for future services.

Nothing in this section shall be interpreted to permit unlawful discrimination in violation of applicable federal, state, or local law.

Termination

We may suspend or terminate access:

• For violation of Terms
• For nonpayment
• For risk mitigation
• At our discretion

Upon termination:

• Access may be revoked immediately
• Data may be deleted after a retention period
• Fees remain owed

Governing Law

These Terms shall be governed by the laws of the State of North Carolina without regard to conflict of law principles.

Arbitration and Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in North Carolina, except where prohibited by law.

You waive the right to participate in class actions.

No Third Party Beneficiaries

This Agreement does not create rights for third parties.

Entire Agreement

These Terms, together with the Privacy Policy, Legal Policies, and any signed agreements, constitute the entire agreement.

Contact

support@nemtgrowthmachine.com