Terms and Conditions

Effective Date: 5/5/2026 Last Updated: 5/5/2026

Welcome to Clearpath Profit Solutions LLC ("Clearpath," "Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the website located at https://clearpathprofitsolutions.com (the "Site") and any services, software, automations, content, or related deliverables provided by Clearpath Profit Solutions LLC (collectively, the "Services").

By accessing the Site, booking a consultation or Profit Audit, signing a service agreement, or otherwise engaging Clearpath, you ("you," "Client," or "User") agree to be bound by these Terms. If you do not agree, you must not access or use the Site or Services.

1. About Us

Clearpath Profit Solutions LLC is a limited liability company organized under the laws of the State of Indiana, with its principal place of business in Indianapolis, Indiana. We provide AI-powered marketing automation, communication, and business consulting services primarily to home service businesses, including but not limited to AI receptionist services, missed call text-back automation, database reactivation campaigns, reputation and review management, and social media and advertising management.

Contact: Clearpath Profit Solutions LLC Indianapolis, Indiana Phone: (317) 561-1102 Email: [email protected]

2. Acceptance of Terms

By using the Site or engaging the Services, you confirm that:

You are at least 18 years of age and legally capable of entering into binding contracts;

If you are entering into these Terms on behalf of a business or other legal entity, you have the authority to bind that entity to these Terms;

All information you provide is accurate, current, and complete;

You will comply with these Terms and all applicable laws and regulations.

These Terms apply in addition to any separate written service agreement, statement of work, proposal, or order form (each, an "Order") executed between you and Clearpath. In the event of a conflict between these Terms and a signed Order, the Order shall control with respect to the specific subject matter addressed therein.

3. Description of Services

Clearpath provides marketing technology and consulting services that may include, without limitation:

AI Receptionist: Automated voice-based call answering, FAQ handling, and appointment booking;

Missed Call Text Back: Automated SMS responses to unanswered inbound calls;

Database Reactivation: SMS, email, or multi-channel re-engagement campaigns directed at a Client's existing contact lists;

Reputation and Review Management: Automated review request workflows, review monitoring, and feedback routing;

Social Media and Ad Management: Content creation, posting, and paid advertising management on platforms such as Facebook, Instagram, and Google.

The specific Services to be provided, deliverables, timelines, and fees will be set forth in the applicable Order. Clearpath reserves the right to modify, update, or discontinue any feature of the Services at any time, provided that material changes affecting an active Order will be communicated to the Client.

4. The Profit Audit and Consultations

The "Profit Audit" and any free consultation offered through the Site is provided for informational and evaluation purposes only. It does not, by itself, constitute a contract for Services. Any recommendations, projections, or estimates discussed during a consultation are illustrative only and do not guarantee any specific business outcome. Engagement of Services requires a separately executed Order.

5. Client Responsibilities

To enable Clearpath to deliver the Services, you agree to:

a. Provide Accurate Information. Supply timely, accurate, and complete information about your business, customers, workflows, and existing systems.

b. Authorize Access. Grant Clearpath the access, credentials, and permissions reasonably required to integrate with your phone system, CRM, calendar, website, social media accounts, advertising accounts, review platforms, and other relevant systems.

c. Maintain Lawful Contact Lists. Ensure that any contact data, customer lists, or databases provided to Clearpath were collected lawfully and that you have all necessary rights and consents to permit Clearpath to send communications (including SMS, voice, and email) to those contacts on your behalf.

d. Comply with Laws. Comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, the Federal Trade Commission Act, state telemarketing and consumer protection laws, A2P 10DLC registration requirements, and platform-specific rules of any third-party service used in connection with the Services.

e. Approve Content. Review and approve outbound messaging templates, ad creative, social posts, and other Client-facing content prior to deployment, where Clearpath requests such approval.

f. Respond Promptly. Respond to leads, calls, appointments, and customer inquiries generated by the Services. Clearpath is not responsible for revenue lost due to your failure to follow up on or service leads delivered through the Services.

You acknowledge that the effectiveness of the Services depends materially on your cooperation, responsiveness, and adherence to these obligations.

6. Fees, Payment, and Billing

a. Fees. Fees for the Services are specified in the applicable Order. Unless otherwise stated, fees are due in U.S. dollars and exclusive of any taxes, levies, or duties, which are your responsibility.

b. Recurring Charges. Many Services are provided on a subscription or retainer basis and will renew automatically for successive billing periods until cancelled in accordance with these Terms or the Order.

c. Third-Party Pass-Through Costs. You are solely responsible for paying advertising spend, SMS messaging fees, voice/telephony costs, software license fees, and any other third-party costs incurred on your behalf, whether billed directly to you by the third party or passed through by Clearpath.

d. Late Payments. Invoices not paid by the due date may accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. Clearpath may suspend Services for any account more than ten (10) days past due, without liability to Client for such suspension.

e. No Refunds. Except as expressly stated in an Order or required by applicable law, all fees are non-refundable. Setup, onboarding, and configuration fees are non-refundable once work has commenced.

f. Chargebacks. You agree to contact Clearpath in good faith to resolve billing disputes prior to initiating any chargeback. Wrongful chargebacks may result in suspension or termination of Services and recovery of associated costs.

7. Telephone, SMS, and Electronic Communications

a. Consent for Communications with Client. By providing your phone number or email to Clearpath, you consent to receive communications from us, including service-related, transactional, and marketing messages. Message and data rates may apply. You may opt out of marketing communications by replying STOP to text messages or by following the unsubscribe instructions in our emails.

b. Communications to Client's Customers. You acknowledge that the Services may transmit voice calls, SMS messages, and emails to your customers, prospects, and contacts using identifiers, phone numbers, and content you authorize. You represent and warrant that:

You have obtained all consents required under the TCPA, CAN-SPAM Act, and other applicable laws prior to providing any contact list to Clearpath or directing Clearpath to send communications;

You will honor opt-out and do-not-contact requests promptly and will provide such requests to Clearpath without delay;

You will register and maintain any required A2P 10DLC brands, campaigns, and use cases, or authorize Clearpath to do so on your behalf, and you will provide accurate information for such registrations;

The content of any messaging campaigns is truthful, not misleading, and complies with carrier and platform rules.

c. Indemnification for Communications. You agree to indemnify, defend, and hold harmless Clearpath from any claims, fines, penalties, or damages arising from your contact lists, your messaging instructions, or your failure to obtain required consents, as further described in Section 14.

8. Use of Artificial Intelligence

The Services use artificial intelligence ("AI") technologies, including large language models and AI-generated voice. You acknowledge and agree that:

AI outputs may contain inaccuracies, errors, or unexpected behavior, and Clearpath does not warrant that AI-generated responses, voice interactions, or content will be free of errors;

AI receptionists and chat agents may misunderstand callers, mishandle complex situations, or generate incorrect information, and you remain responsible for monitoring and correcting AI outputs;

AI-generated voice interactions may need to disclose that the caller is interacting with an automated system in certain jurisdictions, and you are responsible for ensuring compliance with applicable disclosure laws;

You should not use the Services to provide medical, legal, financial, emergency, or other advice that requires a licensed professional, and you will configure the Services to direct such inquiries to appropriate human resources.

9. Intellectual Property

a. Clearpath IP. Clearpath retains all right, title, and interest in and to the Services, including all software, scripts, prompts, workflow templates, automations, training materials, methodologies, and related know-how (collectively, "Clearpath IP"). Subject to your payment of fees and compliance with these Terms, Clearpath grants you a limited, non-exclusive, non-transferable, revocable license to use the Clearpath IP solely as necessary to receive the benefit of the Services during the term.

b. Client Materials. You retain all right, title, and interest in and to the content, data, logos, trademarks, and other materials you provide ("Client Materials"). You grant Clearpath a non-exclusive, royalty-free license to use Client Materials for the purpose of providing the Services.

c. Deliverables. Unless otherwise specified in an Order, custom deliverables prepared specifically for you (such as ad creatives or written social media content) are licensed, not assigned, to you for use in your business, with Clearpath retaining underlying tools, templates, and know-how.

d. Feedback. You grant Clearpath a perpetual, irrevocable, royalty-free license to use any feedback, suggestions, or ideas you provide regarding the Services for any purpose.

e. No Reverse Engineering. You shall not copy, modify, reverse engineer, decompile, resell, or sublicense the Clearpath IP, nor use it to build a competing product or service.

10. Confidentiality

Each party agrees to keep confidential and not disclose to third parties any non-public information disclosed by the other party that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Confidential Information shall be used only as necessary to perform under these Terms. Confidential Information does not include information that (i) is or becomes public through no fault of the receiving party; (ii) was rightfully known prior to disclosure; (iii) is independently developed; or (iv) is required to be disclosed by law (provided reasonable notice is given).

11. Data Protection and Customer Data

You acknowledge that the Services involve the processing of personal information of your customers and prospects. As between the parties, you are the data controller and Clearpath acts as a service provider/processor with respect to such data. You are responsible for ensuring that you have a lawful basis to share such data with Clearpath and for providing any required notices to your customers. Clearpath will use commercially reasonable measures to safeguard such data and will only process it as necessary to provide the Services. For more details, please review our Privacy Policy at https://clearpathprofitsolutions.com/privacy-policy.

12. Disclaimers; No Guaranteed Results

a. Service Performance. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Clearpath disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

b. No Earnings or Results Guarantee. Marketing materials, case studies, examples, projections, and statements on the Site (including references to potential revenue recovery, lead generation, missed-call recapture, review counts, or similar outcomes) are illustrative only and do not constitute a guarantee or promise of any specific result. Actual results vary based on numerous factors outside Clearpath's control, including your industry, market, pricing, sales process, customer service, follow-through, and economic conditions. Clearpath makes no guarantee that you will earn any specific amount of revenue, generate any specific number of leads, recover any specific amount from your database, or achieve any specific return on investment.

c. Third-Party Platforms. The Services rely on third-party platforms, including but not limited to telephony providers, SMS aggregators, email service providers, advertising platforms (Facebook, Google, etc.), and review platforms. Clearpath does not control these platforms and is not responsible for their availability, policies, pricing changes, or actions, including account suspensions, ad disapprovals, or messaging deliverability issues.

d. No Professional Advice. Information on the Site and content provided through the Services is for general informational and marketing purposes and does not constitute legal, financial, tax, or professional advice. You should consult qualified professionals before making business decisions.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

a. In no event shall Clearpath, its members, officers, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill, whether arising in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.

b. Clearpath's total cumulative liability arising out of or relating to these Terms or the Services shall not exceed the total amount of fees actually paid by Client to Clearpath for the specific Service giving rise to the claim during the three (3) months immediately preceding the event giving rise to liability.

c. The foregoing limitations apply notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow certain limitations of liability, and to that extent, the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Clearpath and its members, officers, employees, contractors, and affiliates from and against any and all claims, demands, actions, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) your breach of these Terms or any Order; (b) your violation of any law, regulation, or third-party right, including TCPA, CAN-SPAM, telemarketing, advertising, intellectual property, privacy, or consumer protection laws; (c) the contact data, lists, or messaging instructions you provide to Clearpath; (d) Client Materials or content provided or approved by you; (e) your services, products, or business operations, including any disputes with your customers; or (f) your negligent or wrongful acts or omissions.

15. Term and Termination

a. Term. These Terms remain in effect while you use the Site or Services. The term of any Service engagement is set forth in the applicable Order.

b. Termination for Convenience. Unless otherwise stated in an Order, either party may terminate a month-to-month engagement upon thirty (30) days' written notice. Engagements with a defined term may only be terminated as set forth in the Order or for cause.

c. Termination for Cause. Either party may terminate immediately upon written notice if the other party materially breaches these Terms or an Order and fails to cure such breach within ten (10) days after receiving written notice (or immediately if the breach is incurable).

d. Effect of Termination. Upon termination: (i) your right to use the Services ceases; (ii) you must pay all outstanding fees through the effective date of termination, plus any non-cancellable third-party costs; (iii) Clearpath may deactivate automations, recall login credentials, and remove configurations; and (iv) Sections 6, 9, 10, 11, 12, 13, 14, 17, 18, and any other provisions that by their nature should survive, will survive termination.

16. Use of the Site

You agree not to:

Use the Site for any unlawful purpose or in violation of these Terms;

Attempt to gain unauthorized access to any portion of the Site, related systems, or networks;

Introduce viruses, malware, or other harmful code;

Scrape, harvest, or collect data from the Site by automated means without our prior written consent;

Impersonate any person or misrepresent your affiliation with any person or entity;

Interfere with or disrupt the Site or servers connected to the Site.

17. Governing Law and Dispute Resolution

a. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict-of-laws principles.

b. Venue. Subject to subsection (c), the exclusive venue for any dispute arising out of or relating to these Terms or the Services shall be the state and federal courts located in Marion County, Indiana, and each party consents to the personal jurisdiction of those courts.

c. Informal Resolution. Before filing any legal action, the parties agree to attempt to resolve any dispute in good faith for at least thirty (30) days through written notice and discussion between authorized representatives.

d. Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

e. Jury Waiver; Class Action Waiver. To the fullest extent permitted by law, each party waives any right to a trial by jury and waives the right to participate in any class, collective, or representative action arising out of these Terms.

18. General Provisions

a. Entire Agreement. These Terms, together with any Order and the Privacy Policy, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements and understandings.

b. Amendments. Clearpath may modify these Terms from time to time by posting an updated version on the Site. Continued use of the Site or Services after such posting constitutes acceptance of the updated Terms. Material changes affecting active Orders will be communicated directly.

c. Assignment. You may not assign or transfer these Terms or any rights hereunder without Clearpath's prior written consent. Clearpath may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

d. Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, government action, internet or telecommunications failures, or third-party platform outages.

e. Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.

f. No Waiver. A party's failure to enforce any provision is not a waiver of its right to do so later.

g. Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

h. Notices. Notices to Clearpath should be sent to the contact information in Section 1. Notices to you may be sent to the email or mailing address you provide and shall be deemed received upon delivery.

i. Headings. Section headings are for convenience only and have no legal effect.

19. Contact Us

If you have questions about these Terms, please contact us:

Clearpath Profit Solutions LLC Indianapolis, Indiana Phone: (317) 561-1102 Email: [email protected] Website: https://clearpathprofitsolutions.com

By using the Site or engaging the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.