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This Addendum is entered into as of between GoldKeyVisuals ("Provider") and [Your Business] ("Client"). It supplements and forms part of the GoldKeyVisuals Service Agreement between the parties and applies whenever Provider sets up or operates AI voice-calling, automated calling, or SMS/text-messaging on the Client's behalf. If there is a conflict, the stricter compliance requirement controls.
The Client wishes to use AI voice agents and/or SMS text messaging to contact consumers and businesses. Because these activities are regulated, the Client makes the representations and agrees to the obligations below. The Client is the "sender" and "caller" of record for all campaigns and is responsible for their lawful use.
The Client represents and warrants that, before any number is called or texted, the Client has obtained and recorded all legally required consent for that contact, including prior express written consent where required for marketing or autodialed/AI/prerecorded calls and texts under the Telephone Consumer Protection Act (TCPA) and applicable state law. The Client will:
Every campaign will identify the Client's business and offer a clear, free way to opt out. SMS messages will include opt-out instructions (e.g., "Reply STOP to unsubscribe") and respond to STOP and HELP keywords. AI voice calls will identify the business at the start and honor a request to stop calling or be placed on the do-not-call list. Opt-out and do-not-call requests will be honored promptly (and in any event within the time required by law). The Client authorizes Provider to configure automatic opt-out handling, and the Client remains responsible for honoring opt-outs across all of its systems.
Calls and texts will be sent only during permitted hours (generally 8:00 a.m. to 9:00 p.m. in the recipient's local time zone) and at a reasonable frequency, consistent with TCPA, state law, and carrier guidelines.
The Client will not send messages or scripts that are unlawful, deceptive, harassing, or that contain prohibited content under carrier and platform rules (including content related to sex, hate, alcohol, firearms, tobacco/vaping, cannabis, or illegal activity, and high-risk financial or "SHAFT" content). All claims and offers must be truthful and substantiated. The Client owns and approves all call scripts and message content.
Where carrier or platform registration is required (for example, 10DLC brand/campaign registration, toll-free verification, or caller-ID/branded-calling enrollment), the Client will provide accurate business information and authorizes Provider to complete registration on its behalf using that information. The Client will comply with the terms and policies of all platforms and carriers used (including Google, Meta, Twilio, and the phone carriers), and acknowledges that platforms may suspend or filter traffic that violates their policies.
If email is also used, the Client will comply with the CAN-SPAM Act, including accurate headers, a valid physical address, and a working unsubscribe mechanism honored promptly.
Provider will configure and operate the calling/messaging tools in line with standard practices and the settings the Client approves, but Provider does not provide legal advice, does not collect or verify the Client's consents, and does not guarantee regulatory compliance. Responsibility for the legality of each campaign and each contacted number rests with the Client.
In addition to the indemnification in the Service Agreement, the Client will defend, indemnify, and hold harmless Provider and its owners, contractors, and affiliates from any claims, demands, fines, penalties, settlements, damages, or costs (including reasonable attorneys' fees) arising from the Client's calling, texting, emailing, or advertising, including any violation of the TCPA, CAN-SPAM Act, FTC rules, state consent or telemarketing laws, the Do-Not-Call rules, or platform/carrier policies, or from the Client's lack of valid consent.
Provider may immediately pause or stop any campaign that it reasonably believes is non-compliant, is generating complaints, or is being filtered or flagged by carriers or platforms, without liability. The Client remains responsible for fees accrued.
By signing below, the Client confirms it has read this Addendum, understands these obligations, and is authorized to bind the business. All other terms of the Service Agreement remain in effect.
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