Terms of Service

1. Agreement to Terms

By accessing or using the Volume Reach platform ("Service"), operated by Sun City Systems LLC, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Acceptable Use Policy (collectively, the "Agreement"). If you do not agree to this Agreement, you may not access or use the Service. These Terms apply to all visitors, users, and subscribers of the Service.

2. Electronic Agreement and E-SIGN Consent

By checking any acceptance box, clicking "I Agree," or otherwise electronically accepting these Terms, you consent to electronic contracting under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state law. You acknowledge that your electronic acceptance constitutes a legally binding agreement equivalent to a handwritten signature. You agree to receive all notices, disclosures, and communications electronically.

3. Description of Service

Volume Reach is a software-as-a-service (SaaS) platform that provides AI-powered calling, multi-line dialing, SMS messaging, and campaign management tools for businesses. The Service includes features such as automated dialing, AI voice agents, SMS conversations, call analytics, voicemail drop, and related tools.

4. Platform Neutrality and Role of Sun City Systems LLC

Sun City Systems LLC provides Volume Reach as a neutral technology platform. Sun City Systems LLC does not initiate, direct, control, or pre-screen the content of any calls, messages, or campaigns sent through the platform. User is the sole initiating party for all calls and messages for all regulatory purposes, including under the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, and all applicable state laws.

Sun City Systems LLC does not act as a telemarketer, caller, or sender on behalf of any User. The Service is a tool that enables User to conduct their own outreach campaigns. Sun City Systems LLC makes no representations regarding the legality, appropriateness, or compliance of any User's campaigns or communications.

5. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. You may not share, transfer, or sell your account to any third party without our prior written consent.

6. User Representations and Warranties

By using the Service, you represent and warrant that:

• You have the legal authority, right, and consent to contact every individual in your contact lists, including prior express written consent as defined under 47 U.S.C. § 227 (TCPA) for all automated or AI-generated calls and text messages.
• You have scrubbed all contact lists against the National Do Not Call Registry and any applicable state Do Not Call lists before initiating any campaign through the Service.
• You maintain records of consent for all contacts in your lists and can produce such records upon request by Sun City Systems LLC, any regulatory body, or in response to legal process.
• You will honor all opt-out, do-not-call, and unsubscribe requests within the timeframes required by applicable law (no later than 30 days for calls and 10 business days for SMS).
• Your use of the Service complies with all applicable federal, state, and local laws, including but not limited to the TCPA, TSR (16 CFR Part 310), CAN-SPAM Act, FCC regulations, A2P 10DLC requirements, and all applicable state telemarketing and consumer protection laws.
• You will disclose the use of AI-generated voice calls where required by applicable law, including any state laws mandating disclosure of artificial or prerecorded voice communications.
• You are at least 18 years of age and have the legal capacity to enter into this Agreement.

7. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.

You are solely and exclusively responsible for ensuring that your use of the Service complies with all applicable laws, including the content of all calls, messages, and communications made through the Service. Sun City Systems LLC provides no legal advice and the availability of any feature does not constitute endorsement of any particular use.

8. Prohibited Uses

You may not use the Service to:

• Contact individuals who have not provided prior express written consent or who are on the National or any state Do Not Call registry
• Send fraudulent, deceptive, misleading, or unlawful communications
• Engage in robocalling or robotexting without proper consent as required by the TCPA
• Harass, threaten, or abuse any person
• Impersonate any person, business, or government entity
• Transmit calls or messages with spoofed, misleading, or inaccurate caller ID information in violation of the Truth in Caller ID Act
• Violate any applicable law, regulation, or third-party rights
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to the Service or other accounts
• Resell, redistribute, or sublicense the Service without written authorization
• Use the Service for any purpose that would cause Sun City Systems LLC to violate any law or regulation

9. AI-Generated Communications Disclosure

The Service utilizes artificial intelligence technology to generate voice calls and process communications. You acknowledge and agree that:

• Calls placed through the AI voice agent feature are generated by artificial intelligence and constitute "artificial or prerecorded voice" communications under the TCPA
• You are responsible for obtaining the level of consent required for AI-generated calls under all applicable federal and state laws
• You are responsible for making any disclosures required by applicable law regarding the use of AI in communications, including at the beginning of any call where required
• You will configure your AI agent prompts and scripts to comply with all applicable disclosure requirements

10. Compliance Monitoring and Enforcement

Sun City Systems LLC reserves the right, but has no obligation, to monitor use of the Service for compliance with these Terms and applicable law. Monitoring may include, without limitation, review of complaint rates, carrier feedback, and usage patterns. Sun City Systems LLC may take the following actions in its sole discretion:

• Immediate suspension of your account if we receive carrier complaints, spam flags, or regulatory inquiries related to your campaigns
• Immediate termination for confirmed or suspected TCPA violations, fraud, illegal use, or any activity that poses legal or reputational risk toSun City Systems LLC or the Service
• Rate limiting or feature restriction if usage patterns suggest non-compliance
• Cooperation with law enforcement and regulatory authorities, including disclosure of account information and usage data in response to lawful requests

No refund, credit, or compensation shall be provided for any period of suspension or upon termination for violation of these Terms.

11. Billing, Payment, and No-Refund Policy

The Service is offered on a subscription basis with usage-based billing. You agree to pay all fees associated with your subscription plan and usage. Subscription fees are billed in advance on a monthly basis. Usage-based charges (including dial attempts, conversation minutes, SMS credits, voicemail drops, and other metered services) are deducted from your prepaid wallet balance as you use the Service.

Billing Disputes and Chargeback Policy. If you believe a charge is in error or have any billing question, you agree to contact us at support@volumereach.com within thirty (30) days of the charge and to allow Sun City Systems LLC a reasonable opportunity to investigate and resolve the issue before initiating a chargeback or payment dispute with your card issuer or bank. Initiating a chargeback or payment dispute without first contacting us, or in circumvention of these Terms, constitutes a material breach of this Agreement. In such event,Sun City Systems LLC may, in addition to any other remedies available at law or equity:

• Immediately suspend or terminate your account and forfeit any remaining wallet balance
• Recover the disputed amounts, plus any chargeback, bank, or processor fees incurred bySun City Systems LLC, plus reasonable attorneys' fees and collection costs
• Report the chargeback to consumer credit and merchant risk databases as permitted by law
• Refuse to provide service to you or any related party in the future

Pricing, fees, and per-unit rates are subject to change with thirty (30) days' notice as set forth in Section 24. Sun City Systems LLC reserves the right to issue refunds, credits, or fee waivers at its sole discretion as a matter of customer service; any such accommodation is not a waiver of this Section 11 and does not establish a right to refunds for any other transaction or any other user.

12. Subscription Plans and Changes

You may upgrade or downgrade your subscription plan at any time. Changes take effect at the start of the next billing period. We reserve the right to modify pricing with 30 days' notice. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

13. Intellectual Property

The Service and its original content, features, and functionality are owned by Sun City Systems LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of all content and data you upload to the Service.

14. Data Ownership and Portability

You own all data you input into the Service, including contact lists, call recordings, campaign configurations, and analytics data. You may export your data at any time. Upon termination of your account, we will retain your data for 30 days, after which it may be permanently deleted. Notwithstanding the foregoing, Sun City Systems LLC may retain data as required by law, regulation, or legal process, or as reasonably necessary to enforce these Terms.

15. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SUN CITY SYSTEMS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

SUN CITY SYSTEMS LLC DOES NOT WARRANT THAT USE OF THE SERVICE WILL RESULT IN COMPLIANCE WITH THE TCPA, TSR, CAN-SPAM ACT, FCC REGULATIONS, OR ANY OTHER APPLICABLE LAW OR REGULATION. THE SERVICE IS A TECHNOLOGY TOOL AND NOT A COMPLIANCE SOLUTION. SUN CITY SYSTEMS LLC DOES NOT PROVIDE LEGAL ADVICE. USER IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SERVICE IS LEGALLY COMPLIANT IN ALL APPLICABLE JURISDICTIONS. THE AVAILABILITY OF ANY FEATURE WITHIN THE SERVICE DOES NOT CONSTITUTE AN ENDORSEMENT, RECOMMENDATION, OR WARRANTY OF THE LEGALITY OF ANY PARTICULAR USE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUN CITY SYSTEMS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

IN NO EVENT SHALL SUN CITY SYSTEMS LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SUN CITY SYSTEMS LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT.

18. Indemnification

You agree to indemnify, defend, and hold harmless Sun City Systems LLC and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use of the Service, including all calls, messages, and campaigns conducted through the Service
• Your violation of these Terms, the Acceptable Use Policy, or any applicable law or regulation
• Any claim by a third party (including call or message recipients) arising from your campaigns or communications
• Any TCPA claim, FCC enforcement action, FTC action, state attorney general investigation, or private right of action arising from your use of the Service
• Any carrier fines, fees, penalties, or surcharges resulting from your campaigns
• Your failure to obtain or maintain adequate consent from individuals you contact
• Any claim that your content, data, or use of the Service infringes or violates the rights of any third party

This indemnification obligation shall survive termination of your account and these Terms.

19. Regulatory Cooperation

In the event Sun City Systems LLC receives a regulatory inquiry, subpoena, civil investigative demand, or complaint from the FCC, FTC, any state attorney general, or any other regulatory body relating to your account or campaigns, you agree to (a) cooperate fully and promptly with Sun City Systems LLC in responding to such inquiry, (b) provide all information and documentation reasonably requested, and (c) indemnify Sun City Systems LLC for all costs of response, including reasonable attorneys' fees, regardless of the outcome of such inquiry.

20. Termination

We may suspend or terminate your account immediately and without prior notice if:

• You violate these Terms or the Acceptable Use Policy
• We receive carrier complaints, spam flags, or elevated complaint rates related to your account
• We receive a regulatory inquiry or legal complaint related to your campaigns
• We reasonably believe your use of the Service poses legal, reputational, or operational risk to Sun City Systems LLC or other users
• You fail to pay fees when due

You may cancel your account at any time through your account settings. Upon termination, your right to use the Service ceases immediately. Data will be retained for 30 days following termination, after which it may be permanently deleted. No refund or credit shall be provided upon termination for cause.

21. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at support@volumereach.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Harris County, Texas. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SUN CITY SYSTEMS LLC.

Exceptions: Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

22. Multi-State and Federal Compliance

You represent that your use of the Service complies with all federal and state laws applicable to your location and the location of the individuals you contact, including but not limited to the California Consumer Privacy Act (CCPA), Florida Telephone Solicitation Act (FTSA), Washington Mini-TCPA, Oklahoma Deceptive Trade Practices Act (DTSA), and all other state telemarketing, consumer protection, and privacy laws. You acknowledge that certain states impose penalties with private rights of action that may result in significant per-call or per-message liability, and you accept full responsibility for compliance in all jurisdictions where your contacts are located.

23. No Third-Party Beneficiaries

This Agreement is between you and Sun City Systems LLC only. This Agreement does not create any third-party beneficiary rights. Recipients of calls, messages, or other communications made through the Service have no rights under this Agreement and may not enforce any provision hereof.

24. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least thirty (30) days before the changes take effect. Changes to the Acceptable Use Policy may take effect immediately upon posting. Your continued use of the Service after such notification constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

25. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Subject to the arbitration provisions above, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Harris County, Texas.

26. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

27. Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Sun City Systems LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

28. Contact Information

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