1. Subscription and Payment

• 1.1 Subscription Plans – Seconded offers monthly and annual subscription plans. All subscriptions are prepaid and non-refundable unless explicitly stated.
• 1.2 Automatic Renewal – Monthly subscriptions automatically renew each month until canceled. Annual subscriptions automatically expire at the end of the 12-month term and are non-refundable.
• 1.3 Payment Methods – Payment must be made via authorized methods. You authorize Seconded to charge all applicable fees.
• 1.4 No Refunds / Payment Finality – All fees are final. No refunds, credits, or adjustments will be provided for unused services, downtime, or dissatisfaction with AI output.
• 1.5 Chargebacks – Initiating a chargeback without prior written notice and attempt to resolve may result in suspension, termination, and collection action.

2. Service Scope and Limitations

• 2.1 No Guarantee of Results – The Services provide AI-powered support and automation. Results depend on your input, configuration, business operations, and other variables. Seconded does not guarantee any specific results, outcomes, or business performance.
• 2.2 AI Disclaimers – AI output may contain errors or omissions. You are solely responsible for verifying, implementing, and acting on any AI-generated recommendations.
• 2.3 Third-Party Dependencies – The Services may rely on third-party platforms, APIs, or integrations. Seconded is not responsible for failures, delays, or issues caused by any third-party system.
• 2.4 Data Loss Disclaimer – You are responsible for maintaining backups of all data. Seconded is not liable for lost, deleted, or corrupted data.
• 2.5 Client Responsibility – You agree to:
  • Provide accurate and complete information for setup and ongoing use
  • Ensure compliance with applicable laws, regulations, and policies (including SMS, email, and AI usage)
  • Limit access to authorized personnel

3. Intellectual Property

• 3.1 Ownership – Seconded retains all rights, title, and interest in the Services, platform, software, and related intellectual property.
• 3.2 License to Use – You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes during the active subscription period.
• 3.3 Restrictions – You may not:
  • Reverse engineer, copy, or replicate the Services
  • Sell, resell, or distribute the Services
  • Claim ownership of AI-generated outputs beyond what is necessary for your internal use

4. Liability Limitation

• 4.1 Limitation of Liability – To the maximum extent permitted by law:
  • Seconded's total liability for any claim arising out of or relating to the Services is limited to the fees you paid in the 12 months prior to the claim.
  • Seconded is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost data, or business interruption.
• 4.2 No Warranties – Services are provided "as is" and "as available." Seconded disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

5. Indemnification

You agree to indemnify, defend, and hold harmless Seconded, its affiliates, officers, and agents from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Services
• Violation of these Terms
• Violation of law or third-party rights
• Misuse of AI or communication tools

6. Acceptable Use

• 6.1 You agree not to use the Services for:
  • Illegal, fraudulent, or malicious activities
  • Spam, harassment, or unsolicited outreach
  • Activities violating regulatory, telecom, or data privacy laws
• 6.2 Violation may result in immediate suspension or termination without refund.

7. Dispute Resolution

• 7.1 Arbitration – Any dispute arising under these Terms will be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (AAA) in Houston, Texas.
• 7.2 Governing Law – These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
• 7.3 Waiver of Jury Trial – By agreeing, you waive any right to a jury trial or class action.

8. Force Majeure

Seconded is not liable for delays, failures, or interruptions due to causes beyond its reasonable control, including acts of God, natural disasters, network failures, or third-party outages.

9. Modification and Termination

• 9.1 Service Changes – Seconded may modify, enhance, or discontinue features at any time without notice.
• 9.2 Termination – Seconded may suspend or terminate your access for non-payment, misuse, or breach of these Terms.

10. Miscellaneous

• Entire Agreement: These Terms, together with Privacy Policy, Cookie Policy, SMS Terms, and DPA, constitute the entire agreement.
• Severability: If any provision is invalid, remaining provisions remain enforceable.
• No Agency: Nothing creates an agency, partnership, or joint venture between you and Seconded.

SMS Terms & Conditions

A2P 10DLC Compliance — Effective Date: March 17, 2026

These SMS Terms govern your use of Seconded's text messaging services, including all SMS, MMS, or automated messaging tools provided as part of the Services (collectively, "SMS Services"). By using the SMS Services, you agree to comply with these SMS Terms.

1. Compliance with Laws and Regulations

• 1.1 A2P 10DLC Compliance – You acknowledge that all SMS messages sent through the Services are subject to A2P 10DLC regulations in the United States, including carrier and regulatory requirements.
• 1.2 Legal Responsibility – You are solely responsible for ensuring that all messages sent comply with the CAN-SPAM Act, TCPA (Telephone Consumer Protection Act), and applicable international messaging laws for recipients outside the U.S.
• 1.3 Consent – You must obtain express, verifiable consent from recipients before sending any marketing or automated messages. Seconded is not responsible for violations arising from lack of consent.

2. Acceptable Use

• 2.1 You agree not to use SMS Services to send spam, fraudulent, deceptive, or misleading messages; engage in harassment, intimidation, or offensive content; or violate any law, regulation, or carrier policy.
• 2.2 Violations may result in immediate suspension, termination, and reporting to carriers or regulatory authorities, without refund.

3. Message Content and Delivery

• 3.1 Message Accuracy – You are responsible for all content sent via SMS Services. Seconded does not review, censor, or endorse messages.
• 3.2 Delivery Disclaimer – Delivery is subject to carrier networks. Seconded does not guarantee delivery speed, timing, or receipt of any messages.
• 3.3 Opt-Out Requirements – All messages must provide a clear method for recipients to opt-out or unsubscribe. You are responsible for honoring opt-out requests.

4. Limitations and Liability

• 4.1 No Guarantee of Results – Seconded does not guarantee response rates, conversions, or any business outcome from SMS campaigns.
• 4.2 Liability Limitation – To the maximum extent allowed by law, Seconded is not liable for undelivered or delayed messages, recipient complaints or legal claims, or lost business or revenue due to SMS use.
• 4.3 Indemnification – You agree to defend, indemnify, and hold Seconded harmless for any claims arising from your use of SMS Services, including regulatory fines, legal fees, and carrier penalties.

Cookie Policy

Effective Date: March 17, 2026

This Cookie Policy explains how Seconded and its platform use cookies, tracking, and similar technologies when you access the Services. By using the Services, you consent to our use of cookies as described herein.

1. What Are Cookies

Cookies are small text files stored on your device to enable website functionality, track usage and performance, and analyze behavior and engagement.

2. Types of Cookies Used

• 2.1 Essential Cookies – Required for platform operation and access to services. Cannot be disabled without loss of functionality.
• 2.2 Analytics Cookies – Collect anonymized data to improve platform performance, measure feature usage, and optimize user experience.
• 2.3 Advertising/Marketing Cookies – Track activity to provide personalized content, ads, and measure campaign effectiveness.
• 2.4 Third-Party Cookies – Some cookies may be placed by third-party vendors for analytics, marketing, or integrations. Seconded is not responsible for third-party privacy practices.

3. User Controls

You may configure your browser or device to block or delete cookies, limit tracking, or control personalized advertising. Note: Restricting cookies may reduce functionality or prevent access to certain Services.

4. Data Retention

Cookies are retained for the duration necessary to achieve the purposes outlined above. Certain analytics cookies may be retained longer for historical analysis or reporting.

5. Liability Disclaimer

Seconded is not liable for any loss, errors, or business impact resulting from disabling or blocking cookies, or for data collected through third-party cookies.

Data Processing Agreement (DPA) for Clients

Effective Date: March 17, 2026

This Data Processing Agreement ("DPA") governs the collection, processing, and storage of client data under the Services. It forms part of your Terms of Service and Privacy Policy.

1. Definitions

• Personal Data – Any information relating to an identifiable individual processed under the Services.
• Data Controller – The client, responsible for determining the purposes and means of data processing.
• Data Processor – Seconded, processing Personal Data on behalf of the client.

2. Data Processing

• 2.1 Purpose Limitation – Seconded processes client data solely to provide the Services agreed under the subscription.
• 2.2 Instruction Compliance – Data is processed only based on documented instructions from the client.
• 2.3 Confidentiality – Seconded ensures that all personnel and subcontractors processing data are bound by confidentiality obligations.
• 2.4 Third-Party Subprocessors – May be engaged with prior notice. They are bound by equivalent data protection obligations.

3. Security Measures

Seconded implements administrative, technical, and organizational measures to protect client data, including:

• Encryption in transit and at rest
• Access control and monitoring
• Regular audits and vulnerability assessments
• Incident response procedures

4. Data Subject Rights

Seconded will assist clients in responding to any data subject requests (access, correction, deletion) as required by applicable law.

5. Data Retention and Deletion

• 5.1 Client data will be retained only as long as necessary to provide Services or meet legal obligations.
• 5.2 Upon termination or expiration of the Services, Seconded will delete or return client data per client instructions, except where retention is required by law.

6. Breach Notification

In the event of a security breach affecting client data, Seconded will notify the client without undue delay and provide reasonable information to assist in compliance with applicable law.

7. Liability Limitation

Except as required by law, Seconded is not liable for indirect or consequential damages arising from data processing, subject to the overall liability cap in the Terms of Service.