These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Loaded Bases Marketing Inc., a Florida corporation ("Company," "we," "us," or "our"), governing your access to and use of our website at loadedbasesmarketing.com and our AI receptionist services marketed under the Emily name ("Services").
By clicking "I agree," submitting a service agreement, paying an invoice, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Loaded Bases Marketing Inc. provides AI-powered telephone receptionist services for service and appointment-based businesses. Our Services include:
Specific deliverables, timelines, and pricing are detailed in the service agreement or proposal provided to you prior to engagement.
To use our Services, you must:
You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized access or security breach at info@loadedbasesmarketing.com.
Setup Fee: A one-time setup fee is due upon execution of the service agreement and covers strategy call, buildout, integration, testing, and launch.
Monthly Retainer: Ongoing monthly fees are billed on a recurring basis beginning on the launch date or as specified in your agreement. Monthly fees cover call handling, maintenance, optimization, and support.
Payment:
Late Payments: Accounts more than 14 days past due may result in suspension of service. Accounts more than 30 days past due may result in termination. A late fee of 1.5% per month may be applied to outstanding balances.
Refund Policy: Setup fees are non-refundable once buildout has commenced. Monthly retainer fees paid in advance are non-refundable for the current billing period. If we fail to deliver the agreed services, we will work to remedy the deficiency or provide a prorated credit.
Price Changes: We will provide at least 30 days written notice before changing your monthly retainer rate.
To enable us to deliver effective AI receptionist services, you agree to:
Our AI receptionist system is a sophisticated tool, but it has inherent limitations that you must understand:
Our IP: All technology, software, systems, AI models, workflows, and proprietary methodologies used to deliver our Services remain the exclusive property of Loaded Bases Marketing Inc. Nothing in these Terms transfers ownership of our intellectual property to you.
Your IP: All content, data, scripts, and business information you provide to us ("Client Content") remains your property. You grant us a limited, non-exclusive license to use Client Content solely to configure, operate, and improve your AI receptionist system.
Call data ownership: Call recordings, transcripts, and lead data generated through your AI receptionist are your business data. We process this data on your behalf and you retain ownership, subject to our data retention practices described in the Privacy Policy.
Feedback: If you provide feedback or suggestions about our Services, we may use that feedback to improve our products without any obligation or compensation to you.
Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information").
Confidential Information includes but is not limited to: pricing, business strategies, client lists, proprietary technology, call recordings, and patient/client data.
Neither party will disclose Confidential Information to third parties without prior written consent, except as required by law or to perform obligations under these Terms. These confidentiality obligations survive termination of the service relationship for a period of three (3) years.
Our AI receptionist service records telephone calls as part of its core functionality. Call recording laws vary by jurisdiction:
We provide standard call recording disclosure language as part of our onboarding process, but legal compliance is ultimately your responsibility. Loaded Bases Marketing Inc. is not liable for your failure to comply with call recording laws.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED/ERROR-FREE OPERATION.
We do not warrant that:
Some jurisdictions do not allow exclusion of implied warranties; in such cases, the above limitations apply to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOADED BASES MARKETING INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply to all causes of action, including but not limited to breach of contract, tort (including negligence), strict liability, and any other legal theory. Some jurisdictions do not allow such limitations, so the above may not apply to you in full.
You agree to indemnify, defend, and hold harmless Loaded Bases Marketing Inc., its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
We reserve the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our reasonable requests in connection with any such defense.
Term: These Terms and your service agreement begin on the date you execute your agreement or first use the Services, and continue on a month-to-month basis unless a specific term is specified in your service agreement.
Cancellation by you: You may cancel your service subscription by providing written notice to info@loadedbasesmarketing.com at least 30 days before your next billing cycle. You will continue to have access to the Services through the end of the paid period.
Termination by us: We may suspend or terminate your Services immediately, with or without notice, if:
Effect of termination: Upon termination, your AI receptionist will be decommissioned, access to your account data will be made available for export for 30 days, and thereafter your data will be deleted per our Privacy Policy. Outstanding fees remain due and payable.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Informal Resolution: Before initiating formal dispute proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party in writing and attempting good-faith negotiation for at least 30 days.
Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Orange County, Florida, or remotely if both parties agree.
Class action waiver: You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.
Exceptions: Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
Jurisdiction: For any matters not subject to arbitration, both parties consent to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida.
We reserve the right to modify these Terms at any time. When we make material changes, we will:
Your continued use of the Services after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may cancel per Section 13.
For changes we consider non-material (grammatical corrections, clarifications that do not affect your rights), we may update the Terms without prior notice.
For questions about these Terms, service inquiries, or legal notices, please contact us:
Serving businesses nationwide
info@loadedbasesmarketing.com
loadedbasesmarketing.com
For legal notices, please send them by email to the address above.
Response time: within 5 business days for legal notices.
By using our Services, you confirm that you have read and agree to these Terms of Service.
Last Updated: September 27, 2026 · Effective: June 13, 2026