Legal

Terms of Service

Last Updated: October 13, 2025

These Terms of Service ("Terms") govern your access to and use of the website, services, and applications provided by Persistent Momentum ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

1Acceptance of Terms

By accessing or using our website or services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate, current, and complete

2Description of Services

Persistent Momentum provides business automation solutions, including:

  • Sales automation consulting and implementation
  • Operations automation and workflow optimization
  • Communication and marketing automation services
  • Custom automation solutions tailored to your business needs

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3SMS Text Messaging Terms

3.1 Program Description

By opting in to receive text messages from Persistent Momentum, you agree to receive informational and promotional text messages, including but not limited to:

  • Service updates and notifications
  • Appointment reminders and confirmations
  • Marketing and promotional offers
  • Customer service communications

3.2 Consent to Receive Messages

By providing your mobile phone number and checking the consent box:

  • You expressly consent to receive automated text messages from us at the mobile number you provided
  • Your consent is not required as a condition of purchasing any goods or services
  • You certify that you are the account holder or have authorization to provide the phone number
  • You acknowledge that you may receive messages sent by an automatic telephone dialing system

3.3 Message Frequency

Message frequency varies based on your interactions with us and the services you request. You may receive multiple messages per week, but frequency will depend on your specific needs and activities.

3.4 How to Opt Out

You may opt out of receiving text messages at any time by:

  • Texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message
  • Emailing us at [email protected] with your phone number and opt-out request
  • Calling us at (352) 242-8762

After opting out, you will receive a confirmation message, and no further messages will be sent unless you opt back in.

3.5 Help and Support

For help with our text messaging program, text HELP to any message or contact us at [email protected] or (352) 242-8762.

3.6 Message and Data Rates

Message and data rates may apply for any messages sent to you from us and to us from you. The number of messages you receive will vary based on your interactions with us. If you have questions about your text plan or data plan, contact your wireless provider.

3.7 Supported Carriers

Our text messaging service is available to users on participating carriers. Supported carriers are not liable for delayed or undelivered messages.

3.8 SMS Terms Modification

We reserve the right to modify or terminate our text messaging program at any time without notice. We may send you a text message notifying you of material changes to these SMS Terms.

3.9 Privacy

We will not share your phone number with third parties for their marketing purposes without your consent. Please review our Privacy Policy for more information about how we collect, use, and protect your information.

4User Responsibilities and Prohibited Conduct

When using our services, you agree not to:

  • Provide false, inaccurate, or misleading information
  • Use the services for any unlawful purpose or in violation of these Terms
  • Interfere with or disrupt the services or servers
  • Attempt to gain unauthorized access to any portion of the services
  • Use any automated system to access the services without permission
  • Transmit viruses, malware, or other harmful code
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Collect or store personal data about other users

5Intellectual Property Rights

All content, features, and functionality of our services, including but not limited to text, graphics, logos, images, software, and design, are owned by Persistent Momentum or our licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our content without our prior written consent, except as necessary for your authorized use of the services.

6Disclaimers

THE 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, or non-infringement
  • Warranties that the services will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content

We do not warrant that the services will meet your requirements or expectations. Your use of the services is at your sole risk.

7Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSISTENT MOMENTUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your access to or use of (or inability to access or use) the services
  • Damages resulting from any conduct or content of third parties
  • Unauthorized access, use, or alteration of your transmissions or content

Our total liability for all claims arising out of or relating to these Terms or the services shall not exceed the amount you paid us, if any, during the twelve (12) months prior to the claim, or $100, whichever is greater.

8Indemnification

You agree to indemnify, defend, and hold harmless Persistent Momentum and its officers, directors, employees, contractors, agents, and affiliates from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of or access to the services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content you submit or transmit through the services

9Termination

We reserve the right to suspend or terminate your access to the services at any time, with or without cause, and with or without notice, for any reason including if:

  • You breach these Terms
  • We are required to do so by law
  • We decide to discontinue providing the services

Upon termination, your right to use the services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, and limitations of liability.

10Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

11Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the services after changes become effective constitutes your acceptance of the revised Terms.

12Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the services, constitute the entire agreement between you and Persistent Momentum concerning the services and supersede all prior agreements and understandings.

14Contact Us

If you have any questions about these Terms, please contact us:

Persistent Momentum

Email: [email protected]

Phone: (352) 242-8762