Terms of Service

By engaging Revivo's services or accessing our website, you ("Client") agree to these Terms of Service. If you do not agree, do not use our services. These Terms, together with any service agreement or proposal executed between the parties, constitute the entire agreement between you and Revivo.

Revivo provides AI-powered automation services for businesses, including but not limited to:

• Database Lead Reactivation — SMS-based outreach to a client's existing lead database to recover unconverted inquiries
• Speed-to-Lead Automation — Automated follow-up systems for new inbound inquiries
• AI Receptionist — 24/7 automated call and SMS handling on behalf of client businesses

The specific services, pricing, and terms for each engagement are defined in a separate service agreement or proposal between Revivo and the Client.

By engaging Revivo's services, the Client agrees to:

• Provide accurate business information, lead data, and access credentials necessary to deliver services
• Ensure that all contacts in any database provided to Revivo have legitimately opted in to receive SMS communications, with documented proof of consent including timestamp, IP address, form URL, and the disclosure language shown at the time of opt-in
• Comply with all applicable laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state regulations
• Not use Revivo's systems to send spam, illegal content, harassment, or messages to individuals who have previously opted out
• Obtain and maintain any required business registrations, licenses, or consents relevant to their industry
• Report closed deals honestly and in a timely manner for performance-based engagements
• Implement compliant SMS consent collection on all intake forms, including the required disclosure language provided by Revivo during onboarding

Revivo is not liable for Client-provided data that violates consent or opt-in requirements. The Client assumes full legal responsibility for the accuracy and compliance of their contact lists.

Revivo operates SMS campaigns in compliance with A2P 10DLC carrier registration requirements. Clients whose campaigns are managed through Revivo's platform agree to:

• Provide accurate information for carrier brand and campaign registration
• Only submit contacts who have given prior express consent to receive SMS communications, with verifiable consent records
• Honor all opt-out requests immediately and permanently
• Not request that Revivo send messages that violate carrier guidelines or applicable law
• Acknowledge that message deliverability is subject to carrier filtering, network conditions, and regulatory requirements, and that Revivo does not guarantee delivery of any specific message

The Client is responsible for maintaining complete consent records for every contact submitted to Revivo for SMS campaigns. At minimum, consent records must include: the contact's phone number, the date and time consent was given, the IP address from which consent was submitted, the URL of the form where consent was collected, and the exact opt-in disclosure language displayed to the contact at the time of consent.

The Client agrees to retain all consent records for a minimum of five years from the date of consent or the date of the last communication to that contact, whichever is later. Revivo reserves the right to request and review consent records at any time with reasonable notice. Failure to produce adequate consent records upon request may result in suspension of campaigns for the affected contacts.

For lead reactivation services offered on a performance or revenue-share basis:

• Revivo earns compensation only on verified closed deals attributed to its reactivation campaigns
• Attribution is determined by the agreed method outlined in the service agreement
• The Client agrees to report closed deals honestly and in a timely manner
• Revivo reserves the right to audit closed deal reporting with reasonable notice

• Flat-rate retainer services are billed on the schedule outlined in the service agreement
• Performance-based fees are invoiced upon deal closure confirmation
• Invoices unpaid after 14 days may result in service suspension
• All fees are non-refundable unless otherwise stated in writing
• Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less

All automation workflows, systems, scripts, templates, and processes developed by Revivo remain the sole intellectual property of Revivo unless otherwise agreed in writing. Client data remains the property of the Client. The Client grants Revivo a limited, non-exclusive license to use Client data solely for the purpose of delivering the contracted services.

Both parties agree to keep confidential any proprietary business information, systems, pricing, client data, or trade secrets shared during the engagement. Neither party shall disclose confidential information to third parties without prior written consent, except as required by law. This obligation survives termination of the service relationship for a period of two years.

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REVIVO DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC RESULTS WILL BE ACHIEVED. REVIVO MAKES NO GUARANTEES REGARDING LEAD CONVERSION RATES, RESPONSE RATES, REVENUE RECOVERY AMOUNTS, OR MESSAGE DELIVERABILITY. MESSAGE DELIVERY IS SUBJECT TO CARRIER FILTERING, NETWORK CONDITIONS, AND REGULATORY REQUIREMENTS BEYOND REVIVO'S CONTROL.

REVIVO'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ITS SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO REVIVO IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. REVIVO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST LEADS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY.

REVIVO IS NOT LIABLE FOR DAMAGES ARISING FROM CARRIER FILTERING, MESSAGE NON-DELIVERY, NETWORK OUTAGES, THIRD-PARTY SERVICE FAILURES (INCLUDING TWILIO OR OTHER INFRASTRUCTURE PROVIDERS), OR REGULATORY CHANGES AFFECTING SMS DELIVERY.

The Client agrees to indemnify, defend, and hold harmless Revivo, its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Client's breach of these Terms or any service agreement
• The Client's violation of any applicable law, regulation, or carrier guideline, including the TCPA and CAN-SPAM Act
• The Client's provision of contact data that lacks proper consent or opt-in documentation
• Any claim by a third party that SMS messages sent on the Client's behalf were unauthorized, unsolicited, or otherwise non-compliant
• The Client's use of Revivo's services in a manner not authorized by these Terms

This indemnification obligation survives termination of the service relationship.

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions or orders, carrier policy changes, third-party service outages (including Twilio or other infrastructure providers), internet or telecommunications failures, cyberattacks, or changes in applicable law or regulation. The affected party shall provide prompt notice and make reasonable efforts to mitigate the impact.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided hereunder shall first be submitted to good-faith mediation. If mediation is unsuccessful within 30 days, the dispute shall be resolved by binding arbitration administered by JAMS in Orange County, California, under its Streamlined Arbitration Rules and Procedures. The arbitrator's decision shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm. Claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. Nothing in this section prevents either party from pursuing claims in small claims court if the claim qualifies.

Either party may terminate services with 14 days written notice. Revivo may suspend or terminate services immediately upon written notice if the Client breaches any material term, including consent or compliance obligations. Upon termination, Revivo will return or delete Client data upon request within 30 days. Outstanding fees remain due and payable.

These Terms are governed by the laws of the State of California without regard to conflict of law principles. Subject to the arbitration clause above, any proceedings shall take place in Orange County, California.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Revivo may update these Terms periodically. We will provide at least 14 days' notice of material changes via email or through our website. Continued use of services after such notice constitutes acceptance. If the Client does not agree to the updated Terms, the Client may terminate services in accordance with Section 15.

For questions about these Terms: