Sam Terms of Service
What this means in plain words
- You are the sender. Sam texts your customers for your business, so you need their permission to text them, including for offers.
- Stop means stop. When someone replies STOP, Sam stops texting them right away, and you must not text them again.
- Sam can be wrong. Sam’s replies are automated. You are responsible for what gets promised to your customers, so keep what Sam knows up to date and watch your team chat.
- We don’t train models on your data. Your customers and conversations are used only to run Sam for you.
- You pay for your term up front, and it renews. Sam is sold as a plan (every 4 weeks, 6 months, or 1 year) with Xecute included. We charge the whole term when it starts, and it renews for the same term unless you cancel first. For 6-month and 1-year plans we remind you at least 14 days before.
- 90-day money-back guarantee. If Sam isn’t for you in the first 90 days after Sam goes live, tell us and we refund what you paid for the current term. Sam turns off for your account the same day.
- If a payment fails, you get 5 days. We retry and tell you. After 5 days Sam and Xecute pause (Sam stops sending; texts your customers send are passed to you). Pay and it picks up where it left off.
- You can cancel any time. Sam keeps working until your paid term ends; the rest of the term isn’t refunded (except under the guarantee). Ask for your data before you go and we’ll export it.
- Disputes go to arbitration in Nevada. Not a courtroom, and not a class action.
This summary is here to help you read the terms below. It is not a substitute for them; if anything differs, the full terms control.
These Sam Terms of Service (the “Terms”) govern your access to and use of Sam, a text messaging service offered by Xecute (“Xecute,” “we,” “us,” or “our”), including the Sam website at sam.xecutetech.ai, the Sam dashboard, and any related services (together, the “Service”). By checking the box at signup, creating an account, or accessing or using the Service, you (“you” or “Customer”) agree to be bound by these Terms. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” and “Customer” mean that entity.
1. The Service
Sam sends and answers text messages (SMS and MMS) to and from your customers on your behalf. Depending on how you set it up, Sam may follow up on estimates you send, answer your customers’ questions using the information you give it, let your team know when a customer is ready to book or needs a person, and run text campaigns you start (“Fill the schedule”). Sam connects to your customer relationship management system (“CRM”), such as Markate or Jobber, to read and update your customers, estimates, and jobs. Features may change over time, and some features are available only on some accounts.
2. Eligibility and Accounts
2.1. Eligibility. To use the Service, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. The Service is for businesses; it is not for personal, family, or household use. By agreeing to these Terms, you represent and warrant that you meet these requirements.
2.2. Authority. If you sign up for a business, you represent and warrant that you are an owner, officer, or employee of that business with authority to bind it to these Terms, and to authorize the carrier registration described in section 4.6.
2.3. Accurate Information. You must provide accurate, current, and complete information when you sign up, including your business’s legal name, EIN, address, and website, and keep it updated. Carriers rely on this information; inaccurate information can cause your registration to be rejected or suspended.
2.4. Account Security. You are responsible for safeguarding your sign-in codes and links, for the people you give access to (including your team), and for all activity that occurs under your account. You agree to notify us immediately at support@xecutetech.com of any unauthorized use or security breach. Xecute is not liable for any loss or damage arising from your failure to protect your account.
3. Authorization and Customer Data
3.1. CRM Access. To use the Service, you authorize Xecute to access your CRM system(s) and the data, content, and information in them, together with the phone numbers, messages, files, and other information you or your customers provide through the Service (collectively, “Customer Data”), through the necessary API or other integration methods, including Xecute’s existing connection to your CRM. You grant Xecute a limited, non-exclusive, royalty-free license to access, use, process, review, store, and transmit Customer Data solely to provide the Service to you, troubleshoot issues, ensure system reliability, and improve the Service’s performance and accuracy for you. Any review of Customer Data is restricted to authorized personnel.
3.2. Customer Warranties. You represent and warrant that: (a) you have all necessary rights, consents, and permissions to provide, and grant the rights to, all Customer Data (including any personal information) to Xecute for processing as described in these Terms; (b) your use of the Service and your Customer Data do not and will not violate any third-party rights (including intellectual property or privacy rights) or any applicable laws or regulations; and (c) your use of the Service complies with the terms of service of your CRM provider.
4. Text Messaging
4.1. You Are the Sender. Sam sends and answers text messages on your behalf, from a phone number registered to your business. You are the sender of every message sent through the Service, whether Sam writes it, your team writes it, or you write it. You are solely responsible for the content of those messages and for your compliance with all laws and rules that apply to them, including the Telephone Consumer Protection Act (“TCPA”) and the Federal Communications Commission’s rules under it, state telemarketing and “mini-TCPA” laws, the CAN-SPAM Act where it applies, the CTIA Messaging Principles and Best Practices, and the rules of the wireless carriers, including their A2P 10DLC requirements.
4.2. Consent. You are responsible for having each recipient’s consent to receive text messages from your business as required by law, including prior express written consent where the law requires it for marketing or promotional messages. You represent and warrant that you have that consent for every phone number you give Sam, that Sam reads from your CRM, or that Sam texts on your behalf, including for promotional campaigns (see section 6). You will not upload, import, or use purchased, rented, borrowed, shared, or scraped lists of phone numbers. You will keep records of the consent you collect for as long as the law requires, and provide them to Xecute or a carrier promptly on request.
4.3. Opt-Outs. Sam honors opt-outs immediately and across your whole account: when a recipient replies STOP (or a similar word such as END, QUIT, CANCEL, or UNSUBSCRIBE), Sam stops texting that number from your account and sends only a single confirmation where the rules allow it. You must not re-contact an opted-out number, through Sam or otherwise, unless the person gives you new consent as the law requires. If a customer asks you to stop texting them in any other reasonable way (for example by phone, email, or in person), you must record that in Sam or tell us promptly so Sam stops too. Xecute keeps records of opt-outs as long as needed to honor them.
4.4. Quiet Hours. Sam is designed to send texts it starts on its own (such as follow-ups and campaign messages) only within the business hours you set in Sam, in your business’s time zone. Replies to a message a customer sent may go out outside those hours. You are responsible for setting your business hours correctly and for making sure they fall within the hours the law allows for the places your customers live; many laws prohibit marketing texts before 8 a.m. or after 9 p.m. in the recipient’s local time, and some states are stricter.
4.5. Identification and Content. Messages Sam starts are designed to identify your business by name. You will not use the Service to send messages that are false or misleading, that impersonate anyone, or that carriers prohibit (see section 11). You are responsible for any disclosures the law requires in your messages, including any law that requires telling people they are communicating with an automated system.
4.6. Carrier Registration. US carriers require a business to register its brand and messaging campaign before it can text. You authorize Xecute, for the limited purpose of registering your brand and messaging campaign with carriers and their registries, to act on your behalf, using the information you provide, which you represent and warrant is accurate and complete. Carriers and registries decide whether to approve a registration, and may reject, delay, suspend, or revoke it, or filter, delay, or block messages, at any time and for reasons outside Xecute’s control. Xecute is not liable for any of those decisions or their effects. Carrier, registration, and message fees may apply.
4.7. Your Number. The texting number is provisioned for your business under an account Xecute manages on your behalf with its messaging provider. When your account ends, you may ask us to port the number out to another provider; we will cooperate with a request made within 60 days after termination, where the carriers allow it. After that, the number may be released.
4.8. Not for Emergencies. The Service is not designed for emergency communications, and messages may be delayed or not delivered. Do not rely on the Service to send or receive time-critical or safety-related messages.
5. Automated Output
Sam’s replies and other outputs (such as suggested wording, summaries, and notes) are generated by automated systems, using language models provided by third parties together with the information you give Sam, your CRM data, and the conversation so far. Automated output may be wrong, incomplete, or unsuitable. Sam is designed not to quote prices or make commitments beyond what you have taught it, but it can still make mistakes. You are responsible for reviewing Sam’s settings, what Sam knows about your business, and your team chat, for correcting Sam when it is wrong, and for all commitments made to your customers through the Service, including prices, schedules, and guarantees. Sections 15 and 16 apply in full to automated output.
6. Campaigns
6.1. Campaign Fees. Campaigns you start (“Fill the schedule”) may carry a per-person fee, shown to you before you start. Where a campaign fee applies, it is charged in advance for the people in the campaign.
6.2. Unused People Become Credit. If you pause or stop a campaign, or it stops when it reaches a limit you set, the people Sam has not yet texted become credit on your account toward future campaigns. Credit is not a cash refund, has no cash value, cannot be transferred, and ends when your account ends, except where the law requires otherwise.
6.3. Campaign Consent. Campaign messages are often promotional. Before your first campaign, Sam asks you to confirm that the people in it agreed to hear from your business, including offers. That confirmation, and your warranties in section 4.2, apply to every campaign you start, whether or not Sam asks again. You will not include in a campaign anyone who has not given the consent the law requires, or anyone who has opted out.
7. Data Privacy and Security
7.1. Data Processing. The Service processes Customer Data to send and answer messages and keep Sam working for you. You acknowledge and consent to this processing. Our Sam Privacy Policy describes it in more detail.
7.2. Data Handling. (a) Working copy: Sam keeps the Customer Data it needs to do its job (such as your customers, estimates, and conversation history) for as long as your account is active, as described in section 9. (b) No model training: Xecute does not use Customer Data to train language models, and does not use it for any model development or analytical purpose not directly related to providing the Service to you. (c) Security measures: We implement and maintain reasonable technical and organizational security measures to protect Customer Data against unauthorized access, loss, or disclosure, including encryption in transit. Customer Data is not accessible to Xecute personnel or third parties, except authorized personnel who may access limited portions of it solely to provide, maintain, support, troubleshoot, or improve the Service, or as required by law. That access is role-restricted and logged.
7.3. Data Protection Laws. Both parties agree to comply with all applicable data protection laws and regulations (for example, the GDPR and the CCPA). For the purposes of those laws, you are the “data controller” (or “business”) and Xecute is the “data processor” (or “service provider”) of any personal data contained in your Customer Data. Xecute will process that personal data only on your behalf and as described in these Terms, and will not sell it or share it for cross-context behavioral advertising.
8. Subprocessors
Xecute uses the following categories of third-party service providers (“subprocessors”) to provide the Service. Each receives only the Customer Data it needs for its part of the Service.
- Cloud hosting providers that run Sam’s servers and databases.
- SMS carrier connectivity (Twilio) and the wireless carriers, which carry your messages and handle carrier registration.
- Language model provider, which generates Sam’s automated output from the information sent to it for each reply.
- Your CRM (such as Markate or Jobber), reached through Xecute’s connection to it.
- Payment processor (Stripe), which handles payments. Xecute does not store full card numbers.
We may change subprocessors from time to time and will keep this list current.
9. Data Retention and Deletion
Conversation and customer records are kept while your account is active. When your account ends, Sam stops sending, and we delete your Customer Data within 90 days, except where the law requires us to keep it longer, and except records of opt-outs, which we keep as long as needed to honor them. You can ask us for an export of your Customer Data before it is deleted by writing to support@xecutetech.com. Copies in routine backups are deleted as those backups roll off.
10. Fees, Payment, and Subscription
10.1. Plans and Subscription Fees. Sam is offered as a subscription plan that includes Xecute, for a term you choose at signup (every 4 weeks, 6 months, or 1 year). Subscription fees, campaign fees (section 6), and any other fees (together, “Fees”) are set forth on our website, at signup, or in a separate order form, and are payable in U.S. Dollars. The subscription fee for a term is charged in full, in advance, when the term begins. Fees are non-refundable except as required by law, as section 6.2 provides for campaign credit, or as section 10.5 provides under the money-back guarantee. Accounts we designate as complimentary pay no subscription fee and section 10.5 does not apply to them.
10.2. Payment and Auto-Renewal. You must provide a valid payment method when Fees apply. You authorize Xecute and its payment processor to charge your payment method for your chosen plan. Your subscription renews automatically for successive terms of the same length, at the then-current price for that plan, unless you cancel before the end of the then-current term, through your account or by contacting us. For 6-month and 1-year terms, we will remind you at least 14 days before a renewal charge. If you cancel, or change from a Sam plan to an Xecute-only plan, the change takes effect at the end of the then-current term and the remainder of that term is not refunded.
10.3. Failed Payments and Pausing. If a charge fails, we will retry it and notify you, and you have 5 days to update your payment method. If the Fees remain unpaid after those 5 days, your Sam and Xecute access is paused: Sam stops sending messages for you, messages your customers send to your Sam number are passed to you, and your account, conversations, and Customer Data are kept. When payment goes through, the Service resumes where it left off. Xecute may terminate an account that remains unpaid, under section 18.3.
10.4. Taxes. All Fees are exclusive of taxes. You are responsible for paying all applicable sales, use, and other taxes, excluding taxes based on Xecute’s net income.
10.5. 90-Day Money-Back Guarantee. If you decide Sam is not for you within 90 days after Sam goes live on your account (the day Sam sends its first message for your business), tell us at support@xecutetech.com or through your account and we will refund the subscription fee you paid for the then-current term. This guarantee applies once per business and requires that you used Sam as these Terms contemplate: your CRM stayed connected, Sam was turned on, and you did not keep sending on hold for most of the period. When we issue the refund, Sam turns off for your account that day and the Xecute access included in your Sam plan ends with it, unless you keep a separate Xecute plan. Campaign fees are not covered by this guarantee; unused campaign people remain credit under section 6.2, and that credit ends with the account.
11. Acceptable Use
You agree not to use the Service for any unlawful or prohibited activity. You will not, and will not permit any third party to: (a) engage in any fraudulent, harassing, or illegal activity; (b) send messages without the consent the law requires, send to opted-out numbers, or use purchased, rented, borrowed, shared, or scraped lists; (c) send content the carriers prohibit, including content about sex, hate, alcohol, firearms, tobacco or vaping, cannabis, illegal drugs, gambling, high-risk financial offers such as payday loans or debt relief, or anything deceptive; (d) infringe upon any intellectual property rights of Xecute or any third party; (e) transmit any malware, viruses, or other harmful code; (f) attempt to reverse-engineer, decompile, disassemble, or otherwise access the source code of the Service; (g) use the Service or its outputs to create, train, or improve a competing model or service; (h) engage in any activity that constitutes system abuse, such as sending excessive or automated requests intended to disrupt, overburden, or compromise the integrity of the Service; or (i) violate any applicable laws or regulations. Xecute reserves the right to investigate any suspected violation of this section.
12. Suspension for Compliance
Xecute may pause sending from your account, or any part of it (such as a campaign), immediately and without liability, if we receive complaints about your messages, if your opt-out, complaint, or error rates are high, if a carrier or registry sends a notice or takes action about your number or registration, or if we suspect messaging that is unlawful or violates these Terms. Where we can, we will tell you why and work with you to resume. Pausing does not relieve you of Fees already owed.
13. Intellectual Property and Feedback
13.1. Xecute IP. Xecute and its licensors retain all right, title, and interest in and to the Service, including all related software, technology, and intellectual property. These Terms do not grant you any ownership rights in the Service. You keep your rights in your Customer Data.
13.2. Feedback. If you provide Xecute with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you hereby grant Xecute a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, and incorporate that Feedback into the Service without any compensation or attribution to you.
14. Third-Party Dependencies
The Service’s performance depends on third-party services, such as your CRM provider, the language model provider, the messaging provider, and the wireless carriers. Xecute is not responsible for any disruptions, inaccuracies, delays, blocked or filtered messages, or failures caused by these third-party services.
15. Warranty Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XECUTE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) ANY MESSAGE WILL BE DELIVERED, OR DELIVERED ON TIME; OR (E) ANY OUTPUT, REPLY, OR DATA GENERATED BY THE SERVICE (INCLUDING AUTOMATED OUTPUT) WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES.
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS AND ACTIONS TAKEN BASED ON THE SERVICE’S OUTPUT AND FOR ALL MESSAGES SENT FROM YOUR ACCOUNT. XECUTE IS NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUE, LOST JOBS, BUSINESS INTERRUPTION, OR DATA LOSS RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM THAT A MESSAGE, FOLLOW-UP, LEAD, OR OTHER COMMUNICATION FAILED TO BE SENT, PROCESSED, OR DELIVERED BY THE SERVICE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XECUTE, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL XECUTE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO XECUTE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17. Indemnification
You agree to defend, indemnify, and hold harmless Xecute and its officers, directors, employees, and representatives from and against any and all claims, damages, losses, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; (d) your Customer Data, including any claim that it infringes or misappropriates the intellectual property or privacy rights of a third party; or (e) any message sent from your account, including any claim under the TCPA or any other telemarketing, messaging, or consumer protection law, or any claim that a recipient did not consent or had opted out.
18. Term and Termination
18.1. Term. These Terms begin on the date you first accept them or use the Service and continue as long as you have an account or continue to use the Service.
18.2. Termination by You. You may cancel your account and terminate these Terms at any time by contacting us at support@xecutetech.com or through your account where available. Termination does not entitle you to a refund of any prepaid Fees, except as section 10.5 provides.
18.3. Termination by Xecute. Xecute reserves the right to suspend or terminate your account and access to the Service, in its sole discretion, at any time and without notice, for any reason, including for (a) a violation of these Terms, (b) system abuse, (c) non-payment of Fees, or (d) any of the reasons in section 12.
18.4. Effect of Termination. Upon termination, your right to use the Service immediately ends and Sam stops sending messages for you. Sections 4.7 and 9 describe what happens to your number and your data. Sections 3.2, 4.1 through 4.5, 5, 6.2, 6.3, 9, 13, 15, 16, 17, 18.4, 20, 21, and 22 survive termination, together with any obligation to pay Fees that accrued before termination.
19. Modification of These Terms
Xecute reserves the right to modify these Terms at any time. We will post the revised Terms on this page and update the “Last Updated” date and version. For material changes, we will make reasonable efforts to tell you in advance, for example by email or in Sam. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms.
20. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Subject to section 21, any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Clark County, Nevada. You waive any and all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
21. Dispute Resolution and Arbitration
21.1. Negotiation. In the event of a dispute, the parties agree to first attempt to resolve it by good-faith negotiation for at least 30 days, starting when one party gives the other written notice of the dispute.
21.2. Binding Arbitration. If a dispute cannot be resolved through negotiation, it shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Las Vegas, Nevada. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, including the courts named in section 20.
21.3. Individual Claims Only. Disputes will be resolved only on an individual basis. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone other than the individual parties. Each party waives any right to a jury trial.
21.4. Exceptions. Either party may bring an individual claim in small claims court, and either party may seek temporary or preliminary injunctive relief in the courts named in section 20 to protect its intellectual property or confidential information, or to stop unlawful messaging, while an arbitration is pending.
22. General Provisions
22.1. Entire Agreement. These Terms, together with the Sam Privacy Policy and any order form, constitute the entire agreement between you and Xecute regarding the Service and supersede all prior agreements about it. If you also use other Xecute products, their terms continue to govern those products.
22.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
22.3. Waiver. The failure of Xecute to enforce any right or provision will not be deemed a waiver of that right or provision.
22.4. Assignment. You may not assign these Terms without Xecute’s written consent. Xecute may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
22.5. Force Majeure. Xecute is not liable for any delay or failure caused by events beyond its reasonable control, including carrier or network outages, carrier filtering, and failures of third-party services.
22.6. Notices and Electronic Acceptance. We may send you notices by email to the address on your account or in Sam. You agree that checking the box at signup, or otherwise accepting these Terms electronically, is your signature and has the same effect as a signed paper agreement.
22.7. Relationship. Apart from the limited authorization in section 4.6, the parties are independent contractors. There are no third-party beneficiaries of these Terms.
22.8. Contact Information. For any questions regarding these Terms, please contact us at support@xecutetech.com.
By using Sam, you acknowledge that you have read, understood, and agree to be bound by these Terms.