Create Telecom LLC · d/b/a Ready Freddy

Master Software-as-a-Service Terms of Service

Effective Date: July 19, 2026  |  Version 9.1
Oregon Limited Liability Company  |  createtelecom.net  |  [email protected]

1. Definitions

For purposes of this Agreement, the following definitions apply:

• "Platform" means the Ready Freddy SaaS application, AI inference engine, VoIP infrastructure, SMS/MMS messaging systems, lead-capture widgets, embeddable code snippets, APIs, dashboards, and all associated software and services provided by Create Telecom LLC.
• "Widget" or "Snippet" means the embeddable JavaScript code, iFrame, or HTML component Client may install on its websites to enable End User interactions with the Platform.
• "AI Services" means artificial-intelligence-powered inference, transcription, NLP, voice synthesis, synthetic voice generation, prerecorded-voice routing, and related automated features.
• "Client" means any business entity, sole proprietor, or individual who subscribes under a paid or trial plan.
• "Client Content" means any content, data, prompts, instructions, contact lists, messages, scripts, call flows, or materials submitted by Client through the Platform.
• "End User" means any member of the public who interacts with the Widget or Platform.
• "Lead Data" means name, phone number, email address, geographic location, conversation content, voice recordings, transcriptions, or any other personally identifiable information submitted by an End User.
• "MRR" means monthly recurring revenue collected from a Client's active subscription.
• "Order Form" means any electronic order, checkout page, plan selection, or subscription confirmation accepted by Client.
• "Sensitive Data" means protected health information, payment card data, government identification numbers, SSNs, biometric identifiers, and other highly regulated data.
• "TCPA" means the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing FCC regulations.
• "Privacy Laws" means all applicable federal, state, and local privacy, data protection, consumer protection, and electronic communications laws, including the CCPA/CPRA and Oregon Consumer Privacy Act (OCPA).
• "A2P 10DLC" means the Application-to-Person 10-Digit Long Code framework for carrier-registered business SMS/MMS messaging in the United States.

2. Acceptance, Eligibility, and Authorized Users

2.1 Age and Authority. By using the Platform, Client represents that Client is at least 18 years of age and has full legal authority to enter into binding contracts on behalf of itself or the entity it represents.

2.2 Business Use Only. The Platform is designed exclusively for lawful business purposes. Consumer or personal use is prohibited.

2.3 Electronic Acceptance. Client agrees that electronic signatures, clickwrap acceptance, account registration, and checkbox acceptance have the same legal effect as handwritten signatures under the E-SIGN Act (15 U.S.C. § 7001) and applicable state law. Client's IP address, timestamp, and document hash are recorded as legal audit evidence upon acceptance.

2.4 Continued Use. Continued access after any modification of these Terms constitutes acceptance of the revised Terms.

2.5 Account Responsibility. Client is responsible for all activity conducted through Client's account, including activity by employees, contractors, and agents, and for maintaining the security of all credentials.

3. Subscription Plans and Platform Access

Access to the Platform requires an authorized paid subscription. The Platform's primary subscription tiers are Starter and Growth. Included features and seat allocations for each tier are as follows:

• Starter Plan ($297.00/mo): Includes the website conversational widget, CRM scheduling dashboard, centralized lead mailbox, and automated email response cadences. Limited to five (5) active user seats. SMS, voice AI, and GEO tools are not included.
• Growth Plan ($597.00/mo): Unlocks the full omnichannel suite including two-way carrier-grade SMS, live AI voice qualification, custom drip campaigns, and the full Generative Engine Optimization (GEO) suite (AI Bait Schema generator, Authority Content Forge, Trend Optimizer). Includes ten (10) user seats.

Platform License. Subject to Client's full compliance with these Terms and timely payment of all fees, Company grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for Client's internal business operations and to embed the Widget on Client's own websites.

Restrictions. Client shall not: (a) copy, decompile, reverse-engineer, or create derivative works of any portion of the Platform; (b) sublicense, resell, or make the Platform available to any third party without prior written consent; (c) remove, alter, or obscure any proprietary notices, compliance disclosures, or opt-out mechanisms; (d) use the Platform to build a competing product; or (e) scrape or harvest data in a manner not expressly authorized.

Ownership. All intellectual property in the Platform, Widget, AI Services, and associated components belong exclusively to Create Telecom LLC. This Agreement conveys no ownership interest to Client.

4. Fees, Billing, and Payment

4.1 Setup Fees. The one-time setup fee is charged at account activation to establish dedicated carrier connections, server infrastructure, and platform configuration. All setup fees are non-refundable.

4.2 14-Day Free Trial. New accounts receive a fourteen (14) day free trial. The first combined invoice (monthly fee + setup fee) is deferred to Day 14. If Client does not cancel before 11:59 PM on Day 13, the Platform will automatically charge the payment method on file. No partial-month refunds will be issued.

4.3 Automatic Renewal. Subscriptions renew automatically on a monthly basis. Client authorizes Company to charge all recurring fees, usage-based fees, and pass-through costs at the start of each renewal period.

4.4 Usage-Based Fees. In addition to Subscription Fees, Client may incur usage-based fees for SMS/MMS per-message charges, call-minute charges, AI inference fees, A2P 10DLC registration fees, and overages as described in Section 5 and on the pricing dashboard.

4.5 Late Payment. Unpaid balances past ten (10) days may result in suspension or termination without further notice. Past-due balances accrue interest at 1.5% per month or the maximum permitted by law.

4.6 Chargebacks and Disputes. Fraudulent chargebacks or payment disputes will result in immediate account termination, permanent deletion of CRM lead data, and placement of the associated domain on Company's infrastructure blocklist. Client is responsible for all chargeback fees and collection costs.

4.7 Taxes. Client is responsible for all applicable taxes arising from Client's subscription.

Payment Processing and Application Fees

This Section governs payment collection for Client bookings, deposits, and related charges processed through the Platform's Stripe Connect integration.

(a) Stripe Connected Account Agreement. Payment processing services for booking deposits, application fees, and related Customer payments are provided by Stripe and are subject to the Stripe Connected Account Agreement (including the Stripe Services Agreement and any applicable Stripe Connected Account terms). By connecting a Stripe account through the Platform, Client agrees to those Stripe terms in addition to these Terms.

(b) Platform Application Fee. Create Telecom applies a zero-point-five percent (0.5%) application fee on all transactions processed through the Platform's payment rails (calculated as Math.round(totalAmount × 0.005) in the smallest currency unit). This application fee is collected via Stripe Connect as application_fee_amount and is separate from Client's Subscription Fees and from Stripe's own processing fees.

(c) Merchant of Record. Client (the Contractor / connected Stripe account holder) is the Merchant of Record for Customer payments collected through Client's connected Stripe account. Client is solely responsible for: (i) standard credit card and payment-network processing fees charged by Stripe or the applicable card networks; (ii) refunds, returns, and credits to Customers; (iii) chargebacks, disputes, and associated fees; and (iv) tax collection, remittance, and reporting obligations arising from those Customer transactions. Company is not the Merchant of Record for Client's Customer payments and does not underwrite Client's refund or chargeback liability.

5. Subscription Tiers, Fair Use, and Metered Overages

This Section sets the strict utility boundaries for included usage, metered overages, and infrastructure circuit-breaker controls. Unless a signed Order Form expressly states otherwise, the following limits apply to each billing cycle:

5.1 Included Voice, SMS, Chatbot, and Storage Allowances. Each paid billing cycle includes: (a) Starter plan — one thousand (1,000) voice minutes, one thousand five hundred (1,500) SMS segments, and two thousand five hundred (2,500) chatbot AI replies, plus one (1) GB of standing data storage; and (b) Growth plan — one thousand five hundred (1,500) voice minutes, two thousand five hundred (2,500) SMS segments, and five thousand (5,000) chatbot AI replies, plus five (5) GB of standing data storage (and higher tiers unless an Order Form states a different allocation). Unused cycle meters do not roll over. Storage is a standing capacity quota recalculated from Client-owned media, knowledge-base documents, and operational logs.

5.2 Metered Voice Overages. Voice minutes consumed above the applicable included allowance are billed at thirty-five cents ($0.35) per minute via Company's metered billing system and appear on Client's subsequent invoice.

5.3 Metered SMS Overages. SMS/MMS segments consumed above the applicable included SMS allocation for Client's tier are billed at two cents ($0.02) per SMS message (segment) as metered overage.

5.4 One Hundred Twenty Percent (120%) Infrastructure Circuit Breaker. When voice usage reaches or exceeds one hundred twenty percent (120%) of the applicable included voice allowance in a billing cycle and Client has not maintained a functional billing method on file capable of accepting metered overage charges, Company may automatically suspend, detach, throttle, or otherwise restrict voice AI / telephony infrastructure for Client's account as an infrastructure circuit breaker to protect Platform integrity and prevent unrecoverable infrastructure cost. Where a functional billing method remains on file, overages continue to accrue at the rates in this Section.

5.5 Fair Use and Rate Controls. Company may also impose API rate limits, concurrency limits, queuing, throttling, or temporary restrictions to manage Platform costs, prevent abuse, protect system integrity, comply with third-party provider limits, and ensure fair access across customers. Circumvention of usage meters, overage billing, or the 120% circuit breaker is a material breach of these Terms.

5.6 Order of Precedence for Usage Terms. If an Order Form, checkout confirmation, or dashboard pricing display conflicts with this Section regarding included minutes or overage unit prices, the more specific signed Order Form controls; otherwise this Section controls.

6. Client Compliance Obligations

6.1 Lawful Use. Client shall use the Platform exclusively in compliance with all applicable federal, state, and local laws, including: the TCPA; the CAN-SPAM Act; the FTC Telemarketing Sales Rule; FCC rules; National Do Not Call Registry rules (lists updated at least every 31 days); A2P 10DLC carrier rules; CTIA guidelines; call-recording statutes; Privacy Laws; and applicable AI and synthetic-media disclosure laws.

6.2 TCPA Consent Obligations. Client is solely responsible for ensuring that each End User who provides a phone number has given prior express written consent to receive automated text messages and/or calls as required by the TCPA. Client must display TCPA opt-in disclosure language at the point of phone-number collection, capture consent records (timestamp, source URL, IP address, consent-language version), and maintain those records for a minimum of five (5) years.

6.3 Opt-Out Compliance & TCPA Messaging Terms. Opt-in triggers include End User-initiated calls, form submissions, or other affirmative consents captured by Client. Message frequency may vary based on scheduling and follow-up workflows. Message and data rates may apply. The Platform automatically honors inbound SMS keywords including STOP, QUIT, CANCEL, and UNSUBSCRIBE and suppresses further automated SMS to that number. Client shall treat any expression of opt-out as a valid revocation of consent and shall not re-engage opted-out End Users without new legally sufficient written consent. Quiet-hour controls (e.g., 9:00 PM–8:00 AM local time) apply to automated booking and campaign SMS where configured.

6.4 AI and Synthetic Voice Disclosure. Client is solely responsible for determining when AI-generated communications must be disclosed to End Users under applicable law. Client shall not use AI Services to impersonate a human where disclosure is legally required, create deceptive communications, or obtain consent or payment through deception.

6.5 Voice Recording — Two-Party Consent. California, Florida, Massachusetts, and other states require all-party consent before recording voice communications. Where voice features are used in any such jurisdiction, Client shall ensure Company's built-in recording disclosure is active and audible at the commencement of each session. Client shall not disable this notice.

6.6 A2P 10DLC. Client is responsible for providing accurate brand and campaign registration information and ensuring all messaging campaigns comply with carrier rules. Company does not guarantee campaign approval, message deliverability, or throughput levels.

6.7 Platform Circumvention Prohibited. Subscribers shall not attempt to circumvent, bypass, or disable any compliance control, opt-out enforcement layer, suppression list, rate limit, usage meter, overage billing control, infrastructure circuit breaker, or abuse-prevention mechanism built into the Platform.

6.8 Prohibited Uses. Client shall not use the Platform to: transmit spam or unsolicited commercial messages; engage in deceptive or fraudulent communications; contact individuals on purchased or scraped lists without verified individual consent; harvest End User data for sale to third-party brokers; transmit malware; impersonate any person; or make communications outside legally permitted hours.

7. Required TCPA Opt-In Disclosure Language

7.1 Service / Scheduling / Dispatch Use Cases:

"By providing your phone number and clicking Submit, you consent to receive calls and text messages from [Business Name], including automated, prerecorded, AI-assisted, or artificial-voice communications, for customer service, scheduling, dispatch, appointment reminders, and follow-up purposes. Consent is not a condition of purchase. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out and HELP for help."

7.2 Marketing Use Cases. If Client uses the Platform for marketing communications, Client must use language substantially similar to Section 7.1 with the addition of the word "marketing" before "communications" and must consult legal counsel to confirm sufficiency for Client's specific use case.

7.3 No Dark Patterns. Client shall not use preselected checkboxes, hidden disclosures, bundled consent, or any design that undermines the clarity of required consent disclosures. Disabling or altering any Company-approved disclosure without written authorization constitutes a material breach.

8. Voice Recording and VoIP Services

8.1 Automatic Recording Notice. When voice features are active, the Platform is designed to deliver an automatic disclosure at the outset of each session substantially similar to: "This call may be recorded for quality and scheduling." Create Telecom provides automated recording disclosure tools in the Platform; however, Client remains solely responsible for configuring local recording settings, enabling disclosures where required, and complying with all applicable state wiretap and call-recording laws.

8.2 Microphone Activation Restrictions. Where the Platform operates in continuous or WebSocket streaming voice mode, Client is strictly prohibited from modifying the Widget's initialization sequence in any way that causes the microphone to capture audio before the visual consent/recording notice has fully rendered and been presented to the End User.

8.3 Two-Party Consent State Responsibility. Client assumes sole responsibility for ensuring compliance with all applicable state wiretapping and call-recording laws in all jurisdictions where End Users are located, including two-party / all-party consent states (e.g., California, Florida, Illinois, Washington, Massachusetts). Client shall not disable Platform disclosure tools where recording is enabled.

8.4 VoIP Limitations. VoIP and telephony services are dependent on internet connectivity, carrier networks, and third-party infrastructure. Company does not guarantee call quality, uptime, routing accuracy, or transcription accuracy.

8A. HIPAA and Healthcare Limitation

8A.1 No Default PHI Processing. The Platform is a general commercial communications and CRM system for local service businesses. While the Platform may be architected in ways that can support stricter healthcare workflows, Create Telecom does not act as a HIPAA Business Associate by default.

8A.2 BAA Required Before PHI. Client must not use the Platform to collect, transmit, store, or otherwise process Protected Health Information (PHI) unless and until Client has executed an explicit Business Associate Agreement (BAA) with Create Telecom LLC covering that use. Absent a signed BAA, Client is solely responsible for ensuring that no PHI is submitted through the Widget, voice lines, SMS, or CRM.

9. Emergency Intake Scope and Life-Safety Limitations

9.1 Trade Service Intake. The Platform is intended for commercial trade service businesses to receive and route ordinary-course service requests, including time-sensitive or urgent repair inquiries. It is a business communication and lead-management tool only.

9.2 Not an Emergency System. The Platform is not designed, intended, or warranted as a substitute for civil emergency services, 911 dispatch, utility emergency hotlines, fire department response, law enforcement, or emergency medical services. Client shall ensure that its Widget placement and call flows clearly direct End Users to call 911 for any situation involving immediate risk to life or safety. Company expressly disclaims all liability for delays, misrouting, or AI errors in any urgent or emergency situation.

10. Data Handling, Privacy, and Security

10.1 Lead Data Processing. Company processes Lead Data as Client's service provider under applicable Privacy Laws. Company's data practices are governed by the Company's Privacy Policy at createtelecom.net/privacy, incorporated herein by reference.

10.2 Client Ownership of Lead Data. As between Company and Client, Client owns Lead Data submitted through Client's Widget, subject to Company's right to process such data as necessary to operate, secure, and support the Platform.

10.3 AI Subprocessor Disclosure. The Platform's core functionality requires Lead Data, voice recordings, and conversation data to be transmitted in real time to authorized cloud-based AI subprocessors including Cloudflare (edge networking and AI inference) and ElevenLabs (text-to-speech and voice synthesis). By enabling the Widget, Client authorizes such transmission as a condition of receiving AI Services and is solely responsible for providing all required End User notices.

10.4 No Sale of End-User Data. Company will not sell End User phone numbers, contact information, or conversation data, and will not share such data for targeted advertising, except as disclosed in the Privacy Policy.

10.5 No SSN Storage. Create Telecom LLC does not collect, store, or process agent Social Security Numbers or Employer Identification Numbers within its platform databases. All affiliate financial onboarding flows exclusively through Stripe Connect Express using bank-grade encryption.

10.6 Principle of Least Privilege. Despite possessing root database access for system maintenance purposes, no internal support operator, sales agent, or executive is permitted to browse, read, or export any subscriber's lead records or conversation transcripts except where the subscriber files a support ticket requesting database troubleshooting or an automated critical-system alert is triggered.

10.7 Security Incident Notification. Company will use commercially reasonable efforts to notify Client of a confirmed security incident involving unauthorized access to Lead Data as required by applicable law.

10.8 Data Retention and Deletion. Lead Data is retained during Client's active subscription. Upon account cancellation or trial lapse, all corresponding lead records, conversation transcripts, and metadata are scheduled for permanent, non-recoverable deletion within thirty (30) days. Client is responsible for exporting Lead Data prior to cancellation.

11. Disclaimer of Warranties

The Platform, Widget, AI Services, and all other services are provided "as is" and "as available" without warranty of any kind. Company expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company does not warrant that the Platform will be uninterrupted, error-free, or secure; that leads, calls, or messages will be delivered or converted; or that AI-generated content will be free of error, bias, or regulatory noncompliance. Company does not guarantee any specific number, quality, conversion rate, or monetary value of leads or business results.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Company be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, loss of revenue, loss of leads, loss of data, or business interruption, even if advised of the possibility of such damages.

12.2 Aggregate Cap. Company's total cumulative liability arising out of or related to these Terms or the Platform shall not exceed the greater of: (a) the total subscription fees actually paid by Client in the three (3) calendar months immediately preceding the date on which the claim arose; or (b) one hundred dollars ($100).

12.3 TCPA and Regulatory Claims. Company shall not be liable for any statutory damages, class-action exposure, fines, penalties, or enforcement actions arising from Client's communications or consent practices, lead lists, website disclosures, call-recording practices, or any other violation of applicable law by Client.

13. Indemnification

13.1 Client's Indemnification Obligation. Client agrees to indemnify, defend, and hold harmless Create Telecom LLC and its affiliates, officers, directors, members, employees, contractors, and agents (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Client's use of or access to the Platform, Widget, or AI Services;
• Client's violation of any provision of these Terms or applicable law, including the TCPA, Privacy Laws, and wiretapping statutes;
• Client's failure to obtain, maintain, honor, or document required consents from End Users;
• Client's use of purchased, rented, scraped, or imported contact lists without verified individual consent;
• AI-generated or AI-assisted content approved, transmitted, or used by Client;
• Claims by End Users or third parties related to Client's business operations, trade practices, goods, or services;
• Emergency or urgent service failures where Client used the Platform in lieu of appropriate emergency communications;
• Client's website, advertising, response-time claims, availability claims, licensing claims, or other customer-facing representations.

13.2 Client's indemnification obligations are not subject to the limitation of liability in Section 12.

14. Term and Termination

14.1 Term. This Agreement commences on the date Client first accepts these Terms and continues for the duration of Client's active Subscription.

14.2 Termination by Client. Client may cancel by using the account dashboard or providing written notice to [email protected] at least ten (10) days before the next billing date. No partial-month refunds will be issued.

14.3 Termination or Suspension by Company. Company may suspend or terminate Client's access immediately without prior notice if: (a) Client breaches any provision of these Terms; (b) Client fails to timely pay any fees; (c) Company reasonably suspects Client's use violates applicable law; or (d) Company is required to do so by court order, carrier direction, or regulatory mandate.

14.4 Effect of Termination. Upon termination: (a) all licenses cease immediately; (b) Client shall remove the Widget Snippet from all websites; (c) Company may delete account data thirty (30) days after termination.

14.5 Survival. Sections 3 (Ownership), 4 (Payment), 5 (Fair Use), 10 (Data), 11 (Disclaimers), 12 (Liability), 13 (Indemnification), 15 (Governing Law), and 16 (General) survive termination.

15. Governing Law and Dispute Resolution

15.1 Governing Law. This Agreement is governed by the laws of the State of Oregon, without regard to conflict-of-laws principles.

15.2 Informal Resolution. Prior to initiating formal proceedings, the parties agree to attempt good-faith negotiation for at least thirty (30) days following written notice of the dispute.

15.3 Binding Arbitration. If informal resolution fails, all disputes shall be resolved exclusively by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with arbitration to take place in Lane County, Oregon (or via videoconference at either party's request). The arbitrator shall award only individual relief.

15.4 Class Action Waiver. Client and Company each waive any right to participate in a class-action lawsuit or class-wide arbitration. All disputes must be brought on an individual basis only.

15.5 Jury Trial Waiver. To the fullest extent permitted by law, Client and Company each waive any right to trial by jury in any action arising out of or relating to these Terms.

16. General Provisions

16.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between the parties and supersede all prior agreements.

16.2 Modifications. Company may modify these Terms with at least thirty (30) days' notice via email or in-Platform notification. Continued use after the effective date of any modification constitutes acceptance.

16.3 Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

16.4 No Assignment. Client may not assign this Agreement without prior written consent from Company. Company may freely assign this Agreement.

16.5 Force Majeure. Company shall not be liable for delays or failures resulting from causes beyond Company's reasonable control, including acts of God, network outages, carrier failures, or AI-provider outages.

16.6 Notices. Notices to Company: Create Telecom LLC, 961 Almaden Street, Eugene, OR 97402 | [email protected]. Notices to Client: the email address on Client's account.

Acceptance

By checking the acceptance box, clicking "I Agree," or accessing the Platform, Client acknowledges that Client has read, understood, and agrees to be bound by these Master SaaS Terms of Service Version 9.1 in their entirety. Client's checked box, timestamp, and IP address will be recorded as legal audit evidence.