Client Services Agreement
This Client Services Agreement (the “Agreement”) is between Ozer Digital Solutions, operating as LynxCalls (“Lynx”, “we”), and the business that accepts it (“Client”, “you”). It is accepted in the Lynx dashboard, and your acceptance is recorded with the version, the accepting user, a timestamp, and an IP address.
It incorporates our Terms of Service and Privacy Policy. Where this Agreement conflicts with either, this Agreement controls.
1. The Service
Lynx is software that runs an outbound-calling workflow you configure, on accounts you own. It receives consumer leads from you or your lead providers, places calls to those consumers through your AI-voice provider account using your telephone numbers, follows the call schedule you selected, and transfers consumers who are interested and reachable to the line you designated. Lynx does not quote prices, book shipments, or take payment on a call.
Your accounts. Calls are placed through the AI-voice and telephony accounts you hold with third-party providers (for example Bland.ai) and, where you use one, your Do-Not-Call screening account. You supply the credentials; we store them encrypted and use them only to run your workflow. Charges from those providers are yours. Lynx does not own, lease, or supply the telephone numbers used for your calls.
Your configuration. Before any call is placed, you review and approve the call script and voicemail text, choose the call schedule, choose the states you call and the calling limits that apply, choose the consent basis on which leads are dialed, and connect your accounts. Lynx supplies defaults; adopting or changing them is your decision, and your approval is recorded with the approving user, the time, and what was approved. Lynx takes no dialing action you have not configured. You may pause all calling at any time.
What Lynx does not do. Lynx does not originate, purchase, or select the consumers you call; every number comes from you or a lead provider you engaged. Lynx does not verify that a lead consented beyond the checks described in §2 and §5. Lynx is not the seller of any goods or services offered to the consumer.
2. Your consent representation and warranty
You represent and warrant that every lead you or your lead providers submit to Lynx has given prior express written consent to receive telephone calls at the number submitted, placed using an artificial, prerecorded, or AI-generated voice. You acknowledge that the FCC treats AI-generated voices as artificial voices for these purposes.
You further represent and warrant that the consent:
- identifies you, by name or by a list that includes you, as a party the consumer agreed could call;
- was obtained on a disclosure stating that consent is not a condition of purchase;
- was given by the person whose number was submitted, and has not been revoked;
and that:
- you can produce evidence of that consent on request, promptly;
- lead data you submit is accurate and lawfully obtained;
- you will not submit a number you have reason to believe should not be called; and
- you will tell us immediately if you learn that a lead source has been supplying non-consented leads.
Where your account is configured to require per-lead consent artifacts, leads arriving without them are stored and never dialed. Where your account operates on your attestation instead, the representation in this section is the basis on which we dial. We may, but are not obliged to, reject a lead that lacks a verifiable consent record (for example a TrustedForm or Jornaya certificate) or that fails our screening. Our accepting a lead is not a representation that it was lawfully obtained.
3. Indemnification
You will defend, indemnify, and hold harmless Lynx and its officers, employees, and agents against any claim, proceeding, fine, penalty, judgment, settlement, loss, or expense (including reasonable legal fees) arising out of or relating to: (a) a lead you or your providers submitted that lacked the consent warranted in §2; (b) your breach of this Agreement; (c) your or your representatives’ conduct on a transferred call; (d) your underlying services to the consumer; (e) any call placed under your configuration that is alleged to violate the TCPA, FCC rules, the Telemarketing Sales Rule, or any state telemarketing, recording, or AI-disclosure law; or (f) the suspension or termination of your third-party AI-voice, telephony, or screening accounts.
If Lynx is named in a claim covered by this section, Lynx may choose its own counsel, and you will pay the reasonable fees of that counsel as they are incurred. You will not settle any such claim in a way that admits fault by Lynx or imposes an obligation on Lynx without our written consent.
4. Call recording
Calls placed under this Agreement are recorded. The assistant states at the start of each call that it is an assistant and that the call is on a recorded line.
Recording continues after a call is transferred to you. You consent to the recording of transferred calls, and you represent that you have obtained your representatives’ consent to be recorded on them. You are responsible for informing your personnel that transferred calls are recorded and made available in your dashboard.
5. Disclosures we will not suppress
The assistant’s identification of itself as an assistant, and its statement that the call is recorded, are not configurable and will not be removed, shortened, or obscured at your request. Any consumer instruction to stop calling is honored permanently and across every Client. Numbers identified by our screening as belonging to known TCPA litigators are never dialed, regardless of any consent record you supply.
6. Suspension for compliance risk
We may suspend or stop dialing for your account immediately, with notice where practical, if we reasonably believe your lead sources are non-consented, litigator-dense, or otherwise unlawful, or if you breach §2. We may also pause dialing for non-payment or an exhausted balance. Suspension under this section is not a breach by us and does not entitle you to a refund.
7. Fees, credits, and refunds
- Platform subscription — a recurring monthly fee, at the rate shown at checkout, which renews until cancelled.
- Usage charge — either a per-delivered-transfer charge or a per-lead-dialed charge (one credit per lead dialed), whichever your account is on, at the rate shown at checkout and debited from your prepaid balance.
- Delivered transfer means a call in which Lynx connected the consumer to the destination you configured and the connection lasted at least fifteen seconds. A transfer that fails to connect is not charged. Whether a person at your end answers, and what happens once connected, is your operation and does not affect the charge.
- Prepaid balance, credits, and subscription fees are non-refundable and are consumed as work is performed.
- If automatic top-up is enabled, you authorize us to charge your saved payment method when your balance falls below the threshold you set. You may disable it at any time.
- Disputes. Raise a billing dispute within seven days of the call. Stored call audio is our evidence and is deleted after that window, as described in the Privacy Policy; after it passes we cannot revisit a charge.
8. Data
You retain your rights in the lead data you submit. You grant Lynx a non-exclusive license to use it to operate the Service: to call the consumers you send us, to record and transcribe those calls, to screen numbers against do-not-call and litigator sources, and to present the results to you.
Recordings, transcripts, and call outcomes are made available to you in your dashboard. Retention, deletion, and our subprocessors are described in the Privacy Policy. Do-not-call and opt-out records are retained permanently and survive termination — we will not delete them on request, because doing so would allow a consumer who opted out to be called again.
Each party will keep the other’s non-public information confidential and use it only to perform under this Agreement. We may use aggregated, de-identified data to operate and improve the Service.
9. No guarantee of results
Answer rates, transfer volume, and conversion depend on your leads, your market, your pricing, and whether your team answers the phone. We do not guarantee any number of transfers, appointments, deposits, or sales, and no statement by us or on our website is a promise of a particular result.
10. Disclaimer of warranties
The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation. Telephone carriers, spam-labelling providers, and third-party vendors are outside our control. Nothing in this Agreement is legal advice, and our compliance features do not substitute for your own legal judgment about whom you may call.
11. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost business. Our total aggregate liability for all claims relating to the Service is limited to the amounts you paid us in the three months preceding the event giving rise to the claim. This limit does not apply to your indemnification obligations under §3 or to your breach of §2.
12. Term and termination
This Agreement runs while your account is active. Either party may terminate for convenience on written notice; your subscription then ends at the close of the current billing period. We may terminate immediately for breach of §2 or under §6. On termination, dialing stops, your unused balance is not refunded, and you may request an export of your data for thirty days, after which we may delete it subject to the retention rules above.
13. Assignment and changes
Neither party may assign this Agreement without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all assets. We may update this Agreement; a material change is issued as a new version and you will be asked to accept it in the dashboard before continuing to use the Service.
14. Governing law
Governing law and venue are to be specified. Until they are, the parties will attempt in good faith to resolve any dispute before commencing proceedings.
15. Entire agreement
This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between the parties on this subject and supersedes prior versions and discussions. If a provision is held unenforceable, the rest remains in effect.
16. Contact
Ozer Digital Solutions — hello@ozerdigitalsolutions.com