Terms of Service

1. Acceptance of Terms

By accessing or using ScendCore ("the Platform"), operated by Sprintmore LLC ("we", "us", "our"), you ("Customer", "you", "your") agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services. These terms apply to all users, including workspace owners, team members, and any person who accesses the Platform on your behalf.

2. Description of Service

ScendCore provides an AI-powered workforce platform that includes AI agents for sales, support, and operations. The Platform enables automated voice calls, SMS messaging, email communications, WhatsApp messaging, and web chat on your behalf. Features include AI agents, sequences, booking pages, CRM, knowledge base, and related tools. We reserve the right to modify or discontinue features with reasonable notice.

3. Your Account

You are responsible for maintaining the security of your account and for all activities that occur under your account. You must notify us immediately of any unauthorized use. You are responsible for ensuring that all users within your workspace comply with these Terms. The workspace owner is ultimately responsible for the actions of all team members.

4. Acceptable Use

You agree not to use ScendCore for any unlawful purpose. Without limiting the foregoing, you agree not to:

• Send spam, unsolicited messages, or bulk communications to individuals who have not consented to receive them
• Upload, import, or use contact lists that were purchased, rented, or obtained without the explicit consent of the individuals listed
• Make automated or AI-generated calls to individuals who have not provided prior express written consent
• Send text messages to individuals who have not opted in to receive messages from your business
• Impersonate others or misrepresent your identity or the nature of your communications
• Interfere with the operation of our services or violate any applicable law or regulation
• Use the Platform to harass, threaten, or abuse any individual
• Circumvent or disable any compliance safeguards built into the Platform, including consent checks, opt-out handling, or calling hour restrictions

5. Communications Compliance

ScendCore enables you to communicate with your contacts via AI-generated voice calls, SMS, email, WhatsApp, and web chat. By using these features, you acknowledge and agree to the following:

5.1 Your Consent Obligations

You are solely responsible for obtaining, documenting, and maintaining all necessary consents from individuals before initiating any automated or AI-generated communications through the Platform. This includes but is not limited to:

• Voice calls: Prior Express Written Consent (PEWC) as required by the Telephone Consumer Protection Act (TCPA) before making any AI-generated or automated outbound calls. Consent must be specific to your business and must disclose that calls may use artificial or pre-recorded voice technology, including AI-generated voices.
• SMS/Text messages: Express consent for informational messages and Prior Express Written Consent for marketing messages, in compliance with the TCPA and applicable A2P 10DLC regulations.
• Email: Compliance with the CAN-SPAM Act, including providing a clear unsubscribe mechanism and honoring opt-out requests within 10 business days.
• WhatsApp: Compliance with WhatsApp Business API terms and applicable messaging regulations.

5.2 Consent Requirements

Valid consent under these Terms must meet all of the following criteria:

• Consent must be specific to your business — you may not rely on consent obtained by a third party or shared across multiple businesses (one-to-one consent requirement, effective January 27, 2025)
• Consent must be freely given — consent cannot be a condition of purchasing goods or services
• Consent must include clear disclosure that the individual may receive automated calls or messages, including those generated by artificial intelligence
• Consent must be documented — you must maintain records of how and when consent was obtained for each contact
• Consent can be revoked at any time — you must honor opt-out requests promptly, within 10 business days as required by the FCC

5.3 AI Disclosure

The FCC has classified AI-generated voices as "artificial or pre-recorded voice" under the TCPA (February 2024 Declaratory Ruling). You acknowledge that all outbound voice calls made by ScendCore's AI agents are subject to the same regulations as traditional robocalls. ScendCore's AI agents disclose their AI nature at the beginning of each call. You must not configure your agents to conceal their AI nature or misrepresent themselves as human callers.

5.4 Calling Hours

You agree not to use the Platform to make voice calls or send text messages outside of permitted hours. Under the TCPA, calls and texts to residential numbers are prohibited before 8:00 AM and after 9:00 PM in the recipient's local time zone. ScendCore provides automated calling hour enforcement, but you remain responsible for ensuring compliance.

5.5 Opt-Out Handling

You must honor all opt-out requests received through any channel. ScendCore provides automated opt-out handling (e.g., SMS STOP keyword processing), but you are responsible for ensuring that opt-out requests received through other channels (verbal, email, in-person) are promptly recorded in the Platform. Per FCC rules effective April 11, 2025, opt-out requests must be processed within 10 business days and consumers may opt out via any reasonable method.

5.6 Do Not Call Compliance

You are responsible for maintaining compliance with the National Do Not Call (DNC) Registry and any applicable state DNC lists. You must scrub your contact lists against the DNC Registry before initiating outbound calling campaigns and at least every 31 days thereafter.

5.7 A2P Messaging Registration

To send SMS messages through the Platform in the United States, you must complete Application-to-Person (A2P) 10DLC registration, which includes brand registration and campaign registration with The Campaign Registry (TCR). ScendCore provides tools to facilitate this registration, but you are responsible for the accuracy of the information you provide and for maintaining your registration in good standing.

5.8 Contact Data Responsibility

You represent and warrant that all contact data uploaded to or entered into the Platform has been obtained lawfully and that you have the right to use such data for the purposes of sending automated communications. You must not upload purchased, rented, or scraped contact lists unless every individual on the list has provided direct, specific consent to receive communications from your business.

5.9 Platform Compliance Tools

ScendCore provides compliance tools including consent tracking, automated opt-out handling, calling hour enforcement, and A2P registration. These tools are provided to assist you in meeting your compliance obligations, but they do not replace your independent obligation to comply with all applicable laws and regulations. You must not circumvent, disable, or attempt to bypass any compliance safeguard built into the Platform.

6. Indemnification

You agree to indemnify, defend, and hold harmless Sprintmore LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform in violation of these Terms or any applicable law
• Your failure to obtain or maintain proper consent for automated communications
• Any TCPA, CAN-SPAM, or other regulatory violation resulting from your use of the Platform
• Any claims by third parties arising from communications sent through the Platform on your behalf
• The accuracy or legality of contact data you upload to or use within the Platform

This indemnification obligation survives termination of your account and these Terms.

7. Limitation of Liability

To the maximum extent permitted by law, Sprintmore LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Platform.

Sprintmore LLC is not responsible for any fines, penalties, or legal costs incurred by you as a result of your failure to comply with applicable telecommunications regulations, including but not limited to the TCPA, FCC rules, CAN-SPAM Act, or state-level telemarketing laws. You acknowledge that compliance with these regulations is your sole responsibility as the sender of communications.

8. Suspension and Termination

We reserve the right to suspend or terminate your access to the Platform, without prior notice, if we reasonably believe that:

• You are using the Platform in violation of these Terms or any applicable law
• Your use of the Platform poses a risk to our other customers, our reputation, or the integrity of our services
• You have failed to maintain proper consent for automated communications
• You have an excessive rate of opt-outs, spam complaints, or carrier violations
• Your A2P registration has been revoked or your brand has been flagged by carriers

Upon termination, your right to use the Platform ceases immediately. We may retain your data as required by law or for legitimate business purposes.

9. Data Security

We implement industry-standard security measures to protect your data, including AES-256 encryption for third-party credentials, row-level security for multi-tenant isolation, and HMAC-SHA256 webhook signature validation. You are responsible for the security of your account credentials and for ensuring that your team members follow appropriate security practices.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Platform. Your continued use of the Platform after such changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Any disputes arising under these Terms shall be resolved in the courts located in Texas.

12. Contact Us

If you have any questions about these Terms, please contact us at legal@scendcore.com.