Terms of service

These terms are an agreement between you and Phillips Business Consulting LLC (“Phillips BC”, “we”, “us”) for using Agency Assist, including the app, client portals and our website. If you use Agency Assist for an agency or another company, you accept these terms for that company, and “you” means the company. If you don’t agree, please don’t use Agency Assist. If you have signed an order form with us, it takes priority where it differs from these terms.

1. The service

Agency Assist lets marketing agencies connect their clients’ marketing accounts, see each client’s data in dashboards, share it with clients through branded portals, build reports, and use AI features that help with that work. We improve the service over time and may add, change or remove features. If a change significantly reduces what you pay for, we will tell you in advance.

2. Accounts

• You must be at least 18 and able to enter into a contract.
• Keep your account information accurate and your sign-in details private, and tell us right away if you think someone has used your account without permission.
• You are responsible for the team members and client portal users you invite, and for everything done under your account.

3. Free trial

New agency accounts get a 7-day free trial. A payment card is required to start it. Unless you cancel from the Billing page before the trial ends, your subscription starts and your card is charged the day after the trial ends. One trial per agency.

4. Plans, billing and cancellation

• You pay per active client, monthly or annually, at the prices shown when you subscribe or in your order form. Team members and AI use are included.
• When you add or archive a client, your subscription is adjusted and the difference is prorated on your next invoice.
• Subscriptions renew automatically at the end of each billing period. You can cancel at any time from the Billing page. Cancellation takes effect at the end of the current period, and you keep access until then.
• Fees are not refundable except where the law requires.
• Prices don’t include taxes. You pay any taxes that apply, other than taxes on our income.
• We will give you at least 30 days’ notice of a price change, which applies from your next billing period.
• If a payment fails, we will let you know, and we may suspend the account if it isn’t resolved within 14 days.

5. Your data

• “Your data” means everything you and your users put into Agency Assist or connect to it, including your clients’ marketing data. You own your data.
• You allow us to host, copy, process and display your data only to provide, secure and support Agency Assist for you, as described in our Privacy policy. We don’t sell your data, use it for advertising, or use it to train AI models.
• You confirm that you have the rights and permissions to connect your clients’ accounts, to share their data with the people you invite, and to give any notices and get any consents needed, including from people whose details appear in leads, calls or forms.
• If you need a data processing agreement, contact us and we will provide one.
• You can ask us for a copy of your data while your account is active. After your account closes, we delete your data as described in the Privacy policy.

6. Connected services

Google, Meta, CallRail and the other services you connect are run by other companies under their own terms, which you must follow. We are not responsible for those services, for changes they make to their data or access, or for the accuracy of the data they provide. Sources often revise recent figures and some report with a delay. Agency Assist shows when each number was last updated, but it cannot be more current than the source.

7. AI features and fair use

• AI features produce answers and drafts automatically, and they can be wrong. Check the output before you rely on it or share it, especially numbers and recommendations. You are responsible for what you send to your clients or anyone else.
• Nothing the AI prepares leaves Agency Assist, and no changes are made in connected accounts, until someone in your account approves it, unless an admin has turned on automatic sending for a specific automation.
• AI use is included in your plan without usage limits. It is meant for questions about your marketing data and for agency work. To keep it that way for everyone, AI features may decline unrelated requests, such as general chat or homework, and we apply per-user rate limits to prevent abuse. If an account’s use is far beyond normal agency use, we will contact you before taking any other step.

8. Acceptable use

You and your users must not:

• break the law or infringe anyone’s rights using Agency Assist;
• try to access accounts or data that aren’t yours, or get around security measures or rate limits;
• interfere with the service, introduce malicious code, or probe, scan or test it for vulnerabilities without our written permission;
• copy, reverse engineer or resell Agency Assist, except that agencies may give their own clients portals and reports as part of their services;
• use Agency Assist to send spam or to create unlawful, deceptive or harmful content;
• use Agency Assist or its output to build a competing product.

9. White-label portals

You may present client portals and reports under your agency’s brand or your client’s brand. You are responsible for your relationship with your clients, including what you tell them about the service. Our name appears in portals only if you turn it on.

10. Our rights

Agency Assist, including its software, design and documentation, belongs to us and our licensors. These terms give you the right to use it during your subscription and no other rights. If you send us feedback, we may use it without any obligation to you.

11. Availability and support

We work to keep Agency Assist available and to fix problems quickly, but we don’t promise it will be uninterrupted or error-free, and there is no service level commitment unless one is in your order form. We may briefly take the service down for maintenance. Support is by email at riley@phillipsbc.com.

12. Suspension and termination

You can close your account at any time. We may suspend or close an account if you seriously break these terms or don’t pay, if the law requires it, or if your use puts the service or other users at risk. Where reasonable, we will warn you first and give you a chance to fix the problem. When an account closes, access ends and data is deleted as described in our Privacy policy. Sections 5, 10 and 13 to 17 continue to apply after an account closes.

13. Confidentiality

Each of us will keep the other’s non-public information confidential and use it only for this agreement, except where the law requires disclosure.

14. Disclaimers

Except as these terms say otherwise, and to the extent the law allows, Agency Assist is provided “as is”, without warranties of any kind, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t guarantee the accuracy of data from connected services or of AI output.

15. Limitation of liability

To the extent the law allows, neither of us is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, and our total liability for any claim relating to Agency Assist is limited to what you paid us in the 12 months before the claim arose. These limits don’t apply to your payment obligations or to your obligations under section 16.

16. Indemnity

You will defend us against claims by third parties, including your clients, that arise from your data, your services to your clients, or your breach of these terms, and pay the resulting damages and reasonable costs.

17. Governing law and disputes

These terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules. Disputes will be resolved in the state courts located in Wake County, North Carolina, or in the United States District Court for the Eastern District of North Carolina, and both of us agree to those courts’ jurisdiction.

18. Changes to these terms

We may update these terms. If a change is significant, we will email account owners at least 30 days before it takes effect. Continuing to use Agency Assist after that means you accept the new terms.

19. General

These terms and our Privacy policy are the whole agreement between us about Agency Assist. You may not transfer this agreement without our consent; we may transfer it as part of a merger or sale of our business. If part of these terms can’t be enforced, the rest still applies. Not enforcing a right isn’t a waiver of it. We send notices by email to the account owner, and you can send notices to riley@phillipsbc.com.

Contact

Phillips Business Consulting LLC
4030 Wake Forest Road
STE 349
Raleigh, NC 27609
riley@phillipsbc.com