TERMS OF SERVICE

Last Updated: February 15, 2025

1. Introduction

1.1. Company Overview

These Terms of Service (“Terms”) are entered into by and between you (“User,” “you,” or “your”) and LYNC, LLC (“LYNC,” “we,” “us,” or “our”), the platform operator of BOSS 4 Agents by LYNC CRM, with its principal place of business at 400 Travis Street, #930 BLDG, Shreveport, LA 71101. Pinnacle Financial Services, Inc. (“Pinnacle”) is an authorized affiliate and white-label marketer of the Services under the brand Boss 4 Agents by LYNC CRM. While Pinnacle markets and supports this offering, LYNC remains the platform operator.

1.2. Agreement Overview

These Terms govern your use of the Boss 4 Agents by LYNC CRM services, including related websites, software, and content (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that you have full authority to bind that entity. If you sign up with a work email address, we will treat your use as authorized on behalf of your employer.

1.3. Acceptance of Terms

BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.

We may modify these Terms at any time. Updates will be effective when posted to the Services. Continued use means you accept the updated Terms.

1.4. Services Description

The Services are offered under the Boss 4 Agents by LYNC CRM brand (marketed by Pinnacle; operated by LYNC). Certain features are subscription-based and auto-renew unless canceled in accordance with Section 8.

1.5. Arbitration Notice

Section 10 of these Terms includes an arbitration clause that requires most disputes to be resolved by binding arbitration instead of in court and on an individual basis only. Please review carefully.

2. Subscription and Payment Terms

(unchanged except brand references; still month-to-month auto-renew; non-refundable fees; usage billing for AI/telephony, etc.)

3. Service Access and Use

You agree to:

Provide accurate account information;

Use the Services lawfully and in compliance with applicable regulations (including insurance, privacy, and communication laws);

Not share your credentials or attempt unauthorized access;

Respect LYNC’s and Pinnacle’s intellectual property, including custom templates, workflows, and designs licensed for your agency’s internal use only.

4. Third-Party Services

The Services rely on third-party providers, including:

GoHighLevel (core CRM infrastructure);

Thoughtly AI (optional phone/AI integration);

Other integration partners you may enable.

We do not control third-party services and are not responsible for their performance or compliance. Your use of integrated services is subject to their separate terms and policies.

5. Compliance and Legal Responsibilities

You are solely responsible for compliance with all applicable laws (e.g., TCPA, CAN-SPAM, HIPAA, GLBA, Do Not Call rules, and state regulations). You must:

Obtain all required consents before initiating communications through the Services;

Honor opt-outs promptly;

Keep accurate consent and compliance records.

LYNC and Pinnacle provide tools but are not responsible for your compliance. You agree to indemnify us for violations.

6. Limitation of Liability and Disclaimers

The Services are provided “as-is” and “as-available.” To the fullest extent permitted by law:

LYNC and Pinnacle disclaim all warranties (including implied warranties of merchantability and fitness for purpose);

Liability is limited to the fees paid by you in the 12 months prior to the claim;

We are not responsible for indirect, incidental, or consequential damages.

Certain state laws may grant additional rights that override these limits.

7. Indemnification

You agree to indemnify and hold harmless LYNC, Pinnacle, their affiliates, and their officers, directors, employees, and agents from claims, damages, or penalties arising out of:

Your violation of these Terms or applicable laws;

Your misuse of the Services, including unlawful communications;

Your content or data inputs.

This obligation survives termination.

8. Termination

By You: Cancel anytime via your account. Access remains until the end of the billing cycle. Fees already paid are non-refundable.

By Us: We may suspend or terminate your access for violations, nonpayment, or misuse.

On termination, access to your data ends; retention is governed by our data retention policy.

9. Modifications to Terms and Services

We may update these Terms or the Services at any time. Notice may be provided through the platform, email, or website posting. Continued use after changes constitutes acceptance.

10. Dispute Resolution & Arbitration

Disputes will be resolved by binding arbitration under the AAA Consumer Arbitration Rules. Class actions and jury trials are waived. Small claims court remains an option for qualifying disputes. Arbitration fees will be managed consistent with AAA rules, with hardship protections.

11. Electronic Communications and Signatures

By using the Services, you consent to receive notices and records electronically and agree that e-signatures are binding.

12. Publicity

You grant us permission to identify you as a customer (e.g., name and logo) in marketing and promotional materials. You may revoke this permission by written notice.

13. Miscellaneous

Entire Agreement: These Terms plus the Privacy Policy form the full agreement.

Assignment: You may not transfer your rights without consent; we may assign without restriction.

Force Majeure: Neither party is liable for failure due to events beyond reasonable control.

Notices: Notices must be in writing to the addresses provided.

Governing Law: These Terms are governed by the laws of the State of Louisiana (without conflict of laws).

14. Contact Us

Platform Operator (LYNC):

LYNC, LLC

400 Travis Street, #930 BLDG

Shreveport, LA 71101

Email: [email protected]

Affiliate Marketer (Pinnacle):

Pinnacle Financial Services, Inc.

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