Platinum Sky Terms of Service

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and Platinum Sky LLC ("Platinum Sky," "we," "us"). By creating an account, submitting a form, or using our website, client portal, or app (the "Services"), you agree to these Terms and our Privacy Policy. If you use the Services for a business, you accept these Terms on its behalf and confirm you have authority to do so.

2. Eligibility and accounts

You must be at least 18 and able to form a binding contract. You are responsible for keeping login credentials secure, for all activity under your account, and for the users you invite. Notify us promptly at support@prgplatinum.com of any unauthorized access.

3. The Services

Platinum Sky provides access to a CRM and marketing automation platform, plus AI-assisted tools for capturing leads, following up, and scheduling appointments. Features vary by plan and may change over time.

Third-party platform. The Services are built on technology licensed from a third-party platform provider and use other third-party services (including telephony, SMS, email, payment, and AI providers). Your use is also subject to any applicable terms of those providers that we make available to you. We are not responsible for outages, changes, or discontinuation of third-party services outside our control.

AI features. AI-generated messages, answers, summaries, and bookings may be inaccurate or incomplete. You are responsible for configuring AI features, reviewing their output, and ensuring they communicate with your contacts lawfully and accurately. AI features do not provide legal, financial, or professional advice.

4. Subscriptions and billing

  • Fees. You agree to pay the subscription fees for your plan, billed in advance on a monthly basis to your payment method on file.

  • Usage charges. SMS, phone, email, AI, and similar usage is billed separately at our then-current rates, which may be charged automatically or deducted from a prepaid balance.

  • Auto-renewal. Subscriptions renew automatically until canceled. You can cancel at any time in the portal or by emailing support@prgplatinum.com. Cancellation takes effect at the end of the current billing period.

  • Refunds. Fees and usage charges are non-refundable except where required by law or stated in writing by us.

  • Price changes. We may change prices with at least 30 days' notice. Changes apply at your next renewal.

  • Late payment. We may suspend the Services if payment fails and is not resolved within 7 days of notice.

  • Setup fees. Any onboarding or setup fees are stated at purchase and are non-refundable once work begins.

5. Your responsibilities

You are solely responsible for your contacts, your content, and how you use the Services to communicate. You agree to:

  • Get proper consent. Obtain all consents required by the Telephone Consumer Protection Act (TCPA), Texas law, and other laws before calling, texting, or using automated or AI-generated messages to contact anyone.

  • Register your messaging. Complete A2P 10DLC brand and campaign registration (or toll-free verification) and follow carrier and CTIA guidelines.

  • Follow email rules. Comply with CAN-SPAM, including honoring unsubscribe requests.

  • Honor opt-outs promptly across all channels and respect Do Not Call lists.

  • Post your own privacy policy that accurately describes how you use your contacts' information.

  • Follow industry rules that apply to your business, such as real estate, lending, or advertising regulations.

Prohibited uses. You may not use the Services to send spam or purchased-list messages; send unlawful, deceptive, harassing, or hateful content; message about prohibited content (such as cannabis, firearms sales, or high-risk financial offers where carriers forbid it); infringe others' rights; introduce malware; reverse engineer, resell, or sublicense the Services without our written permission; or interfere with the Services' security or performance.

We may suspend or remove content or accounts that violate these Terms, carrier rules, or law, with or without notice.

6. SMS program terms

These terms apply when you opt in to receive text messages from Platinum Sky.

  • Program. Platinum Sky sends messages about your inquiry, appointments, account, support, and, if you agree, our services and offers.

  • Consent. Consent to receive marketing texts is not a condition of purchase.

  • Frequency. Message frequency varies.

  • Cost. Message and data rates may apply.

  • Opt out. Reply STOP at any time to stop receiving messages. You will receive one confirmation message.

  • Help. Reply HELP or contact support@prgplatinum.com or 210-641-1400.

  • Carriers are not liable for delayed or undelivered messages.

  • Privacy. See our Privacy Policy. Mobile opt-in data is never shared with third parties for marketing purposes.

7. Your data

You own the content and contact data you put into the Services ("Customer Data"). You grant us a limited license to host, process, and transmit it only to provide and improve the Services and as described in our Privacy Policy. After cancellation, you may export Customer Data for 30 days, after which we may delete it.

8. Our intellectual property

We and our licensors own the Services, software, templates, and branding. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. Feedback you give us may be used without obligation to you.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY NUMBER OF LEADS, APPOINTMENTS, SALES, OR MESSAGE DELIVERY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE CLAIM AROSE.

11. Indemnification

You will defend and indemnify Platinum Sky against claims, fines, and costs (including reasonable attorneys' fees) arising from your Customer Data, your messages and calls, your violation of these Terms, or your violation of any law, including the TCPA.

12. Suspension and termination

You may cancel at any time as described in Section 4. We may suspend or terminate your access for non-payment, violation of these Terms, carrier or legal requirements, or risk to the Services or others. Sections 7 through 14 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Bexar County, Texas, and you consent to their jurisdiction.

14. General

We may update these Terms by posting a new version and, for material changes, notifying account holders. Continued use after the effective date means you accept the changes. If any provision is unenforceable, the rest remains in effect. These Terms and our Privacy Policy are the entire agreement on this subject. You may not assign these Terms without our consent.

15. Contact us

Platinum Sky LLC
3415 Paesanos Pkwy Ste 101, San Antonio, TX, 78231
support@prgplatinum.com
210-641-1400