Last Updated: [DATE]
These Terms and Conditions ("Terms") govern your use of the customer acquisition, website, marketing technology, CRM, automation, and digital marketing services provided by NearMeSearch.ai ("NearMeSearch," "we," "us," or "our"). By purchasing, subscribing to, accessing, signing up for, or using any of our services ("Services"), you ("Customer," "you," or "your") agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you may not use the Services.
Your use of the Services constitutes acceptance of these Terms. These Terms apply to all Customers of NearMeSearch.ai, including those using free trials, paid subscriptions, or any other arrangement under which Services are provided. We may require you to expressly acknowledge acceptance of these Terms before providing Services.
These Terms, together with any applicable proposal, order form, statement of work, invoice, or subscription agreement provided to you by NearMeSearch.ai (collectively, the "Service Agreement"), form the entire agreement between you and NearMeSearch.ai regarding the Services. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement shall control unless these Terms are explicitly referenced and overridden in the Service Agreement.
The Services are intended for legitimate businesses and authorized representatives who are at least 18 years of age. By using the Services, you represent that you are operating a legitimate business and are authorized to make decisions on behalf of the business you represent.
NearMeSearch.ai provides a customer acquisition and marketing infrastructure system. Depending on the package, subscription, or Service Agreement you select, Services may include some or all of the following:
The specific Services provided to you depend on the package, proposal, order form, invoice, statement of work, or subscription you select. NearMeSearch.ai reserves the right to modify, improve, add to, or discontinue specific features or components of the Services over time, provided that material reductions to paid Services will be communicated with commercially reasonable notice.
To perform the Services, we may request that you provide certain information and materials including, but not limited to: business information, logos, photos, service descriptions, pricing information, credentials, Google Business Profile access, domain access, DNS access, existing website access, CRM access, phone information, email information, and other materials reasonably necessary to implement the Services ("Customer Materials").
Delays caused by your failure to provide required Customer Materials in a timely manner may delay implementation. Such delays do not automatically extend refund periods or alter billing dates unless otherwise agreed in writing. We will use reasonable efforts to keep you informed of any outstanding items needed to proceed.
You agree to provide accurate, complete, and lawful information to NearMeSearch.ai. You remain solely responsible for:
NearMeSearch.ai may reasonably rely on information and materials supplied by you. We are not responsible for verifying the accuracy of business information, claims, licenses, certifications, or other content you provide.
Website Services may include design, development, hosting, SSL certificate provisioning, content updates, maintenance, lead capture forms, online booking functionality, AI chat, and related website features as specified in your Service Agreement.
You acknowledge that browsers, devices, third-party integrations, APIs, hosting providers, plugins, and external platforms may change over time. While we make commercially reasonable efforts to maintain website functionality and compatibility, uninterrupted operation of every feature across every device, browser, or platform cannot be guaranteed.
Domain names you already own remain your property. If NearMeSearch.ai registers or manages a domain name on your behalf, the domain is registered in your name (or your business name) and you retain ownership, subject to the applicable domain registrar's terms and conditions.
You are responsible for domain renewal fees. NearMeSearch.ai will use reasonable efforts to notify you of upcoming renewals, but the ultimate responsibility for maintaining domain registration rests with you. If you wish to transfer a domain away from NearMeSearch.ai's management, we will reasonably cooperate with the transfer, provided your account is in good standing and all outstanding balances are paid.
NearMeSearch.ai may, at its discretion, place a temporary hold on domain transfers if [NUMBER OF DAYS] days have elapsed since a payment failure and the balance remains unpaid. [NEARMESEARCH.AI MUST CONFIRM DOMAIN HOLD POLICY.]
Ownership of intellectual property related to the Services is divided as follows:
Customer-Owned Materials:
Your logos, trademarks, business name, photographs, written copy you provide, and other materials you own prior to or independent of our Services remain your exclusive property.
Custom Website Content:
Upon full payment for the applicable Services, you receive ownership of the custom website content created specifically for your business — including custom page designs, written copy developed for you, and unique visual content created for your site. However, this ownership does not extend to NearMeSearch.ai's underlying templates, frameworks, code libraries, software, CRM, automation sequences, workflows, processes, or reusable systems.
NearMeSearch.ai Intellectual Property:
NearMeSearch.ai retains all rights to its proprietary templates, website frameworks, software, CRM platform, automation technology, code libraries, design systems, workflows, processes, know-how, tools, and any improvements or derivatives thereof. These elements are licensed to you for use as part of the Services while your account remains active and are not transferred or sold.
CRM functionality, lead management tools, automation features, and related software may be provided through NearMeSearch.ai's proprietary technology and/or through integrated third-party providers. You receive a limited, non-exclusive, non-transferable, revocable right to access and use the software and platform features included in your subscription while your account is in good standing.
Upon cancellation or termination of your account, your access to CRM data, lead records, automation sequences, and related platform features may be suspended or terminated in accordance with Section 24 (Cancellation). NearMeSearch.ai will make reasonable efforts to allow you to export your lead and customer data prior to termination, for a period of [NUMBER OF DAYS] days following cancellation. [NEARMESEARCH.AI MUST CONFIRM DATA EXPORT WINDOW.]
The Services rely on third-party platforms, tools, and providers that NearMeSearch.ai does not own or control. These may include, but are not limited to:
NearMeSearch.ai is not responsible for outages, algorithm changes, policy changes, API modifications, account suspensions, service discontinuations, or other actions or inactions of third-party providers. We will make commercially reasonable efforts to adapt to material third-party changes that affect your Services, but we cannot guarantee uninterrupted compatibility or performance of third-party-dependent features.
NearMeSearch.ai does not own or control Google, Google Search, Google Maps, or Google Business Profile. We optimize and manage Google Business Profiles and local SEO elements as a service to our customers, but we cannot and do not guarantee:
You agree to comply with Google's applicable policies, including those for Google Business Profile. NearMeSearch.ai reserves the right to refuse any requests that involve fake locations, misleading business information, keyword-stuffed business names, fake reviews, or other tactics prohibited by Google's policies.
Search engine optimization, local SEO, and digital marketing results are subject to numerous factors beyond NearMeSearch.ai's control, including but not limited to: competition in your market, Google's algorithms and ranking factors, consumer demand, seasonal fluctuations, your pricing, your reputation, your responsiveness to leads, your customer service quality, and other marketplace dynamics.
NearMeSearch.ai does not guarantee: any specific search ranking, number of leads, phone calls, website visits, appointments, customers, jobs booked, revenue amount, return on investment, or any particular business outcome. Our marketing and optimization services represent efforts designed to improve your ability to compete for local attention and convert interested visitors — not guaranteed outcomes.
NearMeSearch.ai may provide or configure tracking numbers, forwarding numbers, call routing, call attribution, and missed-call automation systems as part of your Services. Telephone carriers, forwarding providers, internet service providers, CRM systems, and other third-party systems involved in call delivery may occasionally experience interruptions, latency, or failures.
NearMeSearch.ai is not responsible for calls that fail to connect, dropped calls, audio quality issues, or carrier-level disruptions beyond our reasonable control. You remain responsible for answering and managing your incoming calls and for the quality of your customer interactions. Call tracking and forwarding numbers provided by NearMeSearch.ai remain the property of NearMeSearch.ai or its telecommunications partners and are licensed to you for the duration of your active subscription.
If call recording functionality is made available as part of your Services, you acknowledge that call recording laws vary significantly between federal and state jurisdictions, and may require one-party or all-party consent depending on the location of the participants. You are solely responsible for:
NearMeSearch.ai is not responsible for your unlawful use of call recording features. If call recording is not enabled or offered as part of your Service package, this section is not applicable.
NearMeSearch.ai may provide software and automation capable of sending SMS and MMS text messages, including missed-call text responses, lead follow-up messages, appointment reminders, and marketing or promotional messages.
Your compliance obligations. You are solely responsible for using SMS functionality in compliance with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) rules, carrier requirements, state telemarketing and privacy laws, and Do-Not-Call registry requirements where applicable.
You represent and warrant that:
NearMeSearch.ai may suspend SMS messaging activity that we reasonably believe to be unlawful, abusive, fraudulent, or likely to harm carrier relationships, platform reputation, or message deliverability for other customers. NearMeSearch.ai provides the technology platform — we do not guarantee that your use of that platform will automatically satisfy all legal requirements.
Customers using automated email functionality agree to comply with the CAN-SPAM Act and all other applicable federal and state email marketing laws. You agree to:
NearMeSearch.ai may offer AI-powered features including website chat, automated responses, content suggestions, summaries, and other AI-generated output. You acknowledge that:
NearMeSearch.ai may provide tools to automate the process of requesting legitimate reviews from your actual customers. You agree to use review-related features in compliance with:
You expressly agree not to use NearMeSearch.ai's services to:
NearMeSearch.ai does not guarantee that you will receive a specific number of reviews, a particular average rating, or that negative reviews will be removed by review platforms.
You retain ownership of all content, materials, data, and information you provide to NearMeSearch.ai ("Customer Content"). By providing Customer Content, you grant NearMeSearch.ai a limited, non-exclusive, royalty-free license to use, reproduce, display, and distribute Customer Content as reasonably necessary to provide the Services to you (for example, displaying your photos on your website or publishing your business information to your Google Business Profile).
You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for all Customer Content you provide, including photographs, logos, testimonials, videos, trademarks, written copy, and other materials. You agree not to submit content that infringes the intellectual property or other rights of any third party.
The NearMeSearch.ai name, logo, trademarks, service marks, domain names, trade dress, software, systems, templates, automation sequences, workflows, processes, documentation, designs, proprietary methodologies, and all other intellectual property associated with the NearMeSearch.ai platform and brand are and shall remain the exclusive property of [LEGAL ENTITY NAME] or its licensors.
You agree not to: copy, reproduce, modify, distribute, sell, resell, rent, lease, sublicense, reverse engineer, decompile, disassemble, scrape, extract, or create derivative works of NearMeSearch.ai's software, platform, templates, workflows, or proprietary materials, whether in whole or in part, except as expressly authorized in writing.
Fees for Services are established through the applicable proposal, order form, invoice, website pricing, subscription page, or statement of work. Fees may include one-time setup or implementation charges and recurring subscription charges.
Recurring subscription fees are billed in advance on a [MONTHLY / ANNUAL] basis unless a different billing interval is specified in your Service Agreement. [NEARMESEARCH.AI MUST CONFIRM BILLING INTERVAL.]
You authorize NearMeSearch.ai to charge your provided payment method for all fees as they become due. You are responsible for maintaining current payment information. NearMeSearch.ai may suspend Services if payment is not received within [NUMBER OF DAYS] days after the due date. [NEARMESEARCH.AI MUST CONFIRM GRACE PERIOD.] Late payments may be subject to interest at the rate of [RATE]% per month or the maximum rate permitted by law, whichever is less. [NEARMESEARCH.AI MUST CONFIRM LATE FEE POLICY.]
Prices are subject to change. NearMeSearch.ai will provide at least [NUMBER OF DAYS] days' notice before material price changes take effect for existing subscribers. [NEARMESEARCH.AI MUST CONFIRM PRICE CHANGE NOTICE PERIOD.] Your continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing. Fees are exclusive of applicable taxes, which will be added to your invoice where required by law.
Setup, implementation, onboarding, or configuration fees are separate from recurring subscription charges and are generally non-refundable once we have begun performing implementation work, including but not limited to design, development, configuration, account creation, onboarding, integrations, or other work performed in reliance on your order.
⚠️ [NEARMESEARCH.AI MUST CONFIRM SETUP-FEE REFUND POLICY: Specify (a) whether setup fees are fully or partially refundable before work begins, (b) at what point setup fees become non-refundable, (c) whether any portion is refundable after partial completion, and (d) any exceptions.]
Automatic renewal. Unless otherwise specified in your Service Agreement, subscriptions automatically renew for successive [MONTHLY / ANNUAL] periods at the then-current rate until canceled. [NEARMESEARCH.AI MUST CONFIRM: (a) whether subscriptions auto-renew, (b) whether auto-renewal terms are monthly or according to the original billing interval, and (c) whether renewal notice is provided.]
You may cancel your subscription at any time in accordance with Section 24 (Cancellation). If you cancel, your subscription will not renew at the end of the current billing period.
You may cancel your subscription by providing notice to NearMeSearch.ai at [hello@nearmesearch.ai](mailto:hello@nearmesearch.ai). [NEARMESEARCH.AI MUST CONFIRM: required notice period (e.g. 30 days, immediate).]
Upon cancellation:
Refunds are evaluated as follows:
If you believe a billing error has occurred, please contact us at hello@nearmesearch.ai before initiating a chargeback with your payment provider. We will review the matter and work with you to resolve legitimate billing disputes. If you initiate an improper chargeback and it is resolved in NearMeSearch.ai's favor, you agree to reimburse NearMeSearch.ai for the disputed amount. NearMeSearch.ai reserves the right to suspend Services during the pendency of a chargeback investigation where legally permitted.
NearMeSearch.ai may suspend or terminate your account and access to Services for any of the following reasons:
NearMeSearch.ai will provide reasonable advance notice before suspension or termination where practical. However, we reserve the right to take immediate action without prior notice in cases involving fraud, security threats, illegal activity, or other serious violations. Upon termination for cause, you remain responsible for any outstanding fees.
NearMeSearch.ai processes customer and lead data as necessary to provide the Services. Our collection, use, and handling of personal information is described in our separate Privacy Policy, which is incorporated by reference into these Terms.
You represent that you have the right to provide any customer, lead, or other personal data you upload or submit to the Services and that such data was collected in compliance with applicable privacy laws.
NearMeSearch.ai uses commercially reasonable administrative, technical, and physical safeguards designed to protect its systems and the data stored on them. However, no security measures are perfect, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to promptly notify NearMeSearch.ai of any suspected unauthorized access to or use of your account.
Each party agrees to use reasonable care to protect the other party's confidential information that is clearly identified as confidential or that reasonably should be understood to be confidential given the circumstances of disclosure. Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was independently developed by the receiving party without use of the disclosing party's confidential information; (c) was rightfully received from a third party without confidentiality obligations; or (d) is required to be disclosed by law, regulation, or court order (provided the receiving party gives reasonable notice to the disclosing party where permitted).
NearMeSearch.ai aims to maintain reliable and consistent Services but does not guarantee 100% uptime or uninterrupted access. Temporary interruptions may occur due to scheduled maintenance, emergency maintenance, system upgrades, security work, third-party service disruptions, or events outside NearMeSearch.ai's reasonable control. We will use reasonable efforts to perform scheduled maintenance during off-peak hours and to restore service promptly in the event of an outage.
NearMeSearch.ai may improve, modify, replace, add to, or discontinue specific features, tools, or components of the Services from time to time. We will provide commercially reasonable notice before making material reductions to core paid features. We will not materially reduce the overall value of your paid subscription during an active billing period without offering you the option to cancel and receive a pro-rata refund for the remaining period.
NearMeSearch.ai provides marketing technology and digital marketing services. We are not your attorney, accountant, tax advisor, HVAC licensing board, or regulatory consultant. Nothing in the Services or communications from NearMeSearch.ai should be construed as professional legal, financial, tax, safety, or regulatory advice. You should consult qualified professionals for advice specific to your business.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEARMESEARCH.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEARMESEARCH.AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETELY FREE OF VULNERABILITIES, OR THAT ANY DEFECTS WILL BE CORRECTED. NEARMESEARCH.AI DOES NOT WARRANT ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO RANKINGS, TRAFFIC, LEADS, CALLS, APPOINTMENTS, CUSTOMERS, JOBS, REVENUE, OR PROFIT.
⚠️ ATTORNEY REVIEW RECOMMENDED: The scope and enforceability of warranty disclaimers vary by jurisdiction. Local counsel should review this section for compliance with applicable state law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) NEARMESEARCH.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) NEARMESEARCH.AI'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO NEARMESEARCH.AI DURING THE [3 / 6 / 12] MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
⚠️ [NEARMESEARCH.AI MUST SELECT: 3, 6, or 12-month liability cap period.]
The limitations in this section shall apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you.
⚠️ ATTORNEY REVIEW RECOMMENDED: Limitation of liability provisions are among the most heavily scrutinized contract provisions. This section should be reviewed to confirm it is enforceable under the governing law selected.
You agree to defend, indemnify, and hold harmless NearMeSearch.ai, its affiliates, officers, directors, employees, agents, and contractors from and against any third-party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
NearMeSearch.ai will provide you with reasonably prompt notice of any claim subject to indemnification and will reasonably cooperate in the defense, at your expense. NearMeSearch.ai reserves the right to participate in the defense with counsel of its own choosing at its own expense.
⚠️ ATTORNEY REVIEW RECOMMENDED: Indemnification provisions can impose significant financial obligations. Review the scope to ensure it is commercially reasonable and consistent with the overall liability framework.
NearMeSearch.ai shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to: natural disasters, fires, floods, earthquakes, severe weather; internet outages, telecommunications failures, or carrier disruptions; cloud service or hosting provider failures; acts of government, changes in law, or regulatory actions; labor disputes or strikes; cyberattacks, malware, or denial-of-service attacks; third-party platform interruptions, API changes, or service discontinuations; and other events not reasonably foreseeable or within NearMeSearch.ai's reasonable control.
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of [GOVERNING STATE], without regard to its conflict of laws principles.
⚠️ [NEARMESEARCH.AI MUST CONFIRM: The state of incorporation or principal place of business. If Texas, draft under Texas law. If another state, replace [GOVERNING STATE] with the applicable state.]
⚠️ ATTORNEY REVIEW REQUIRED — NearMeSearch.ai must select one of the following options:
OPTION A — Court Litigation:
Any dispute arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in [COUNTY], [GOVERNING STATE]. Both parties consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens.
OPTION B — Binding Arbitration with Class-Action Waiver:
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in [CITY], [GOVERNING STATE]. Each party shall bear its own costs and attorneys' fees; arbitration fees shall be split equally unless otherwise required by applicable law.
Class-Action and Jury Trial Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. BOTH PARTIES ALSO WAIVE ANY RIGHT TO A JURY TRIAL.
⚠️ IMPORTANT: Arbitration provisions and class-action waivers have significant legal implications. NearMeSearch.ai should consult with counsel before selecting Option B. The enforceability of arbitration clauses and class-action waivers is subject to evolving case law and may differ based on governing state law.
You agree to receive communications from NearMeSearch.ai electronically, including via email, through the Services platform, or by postings on our website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Your electronic acceptance of these Terms (through a checkbox, click-through agreement, or other electronic means) shall constitute a valid and binding signature to the extent permitted by applicable law.
NearMeSearch.ai may update these Terms from time to time to reflect changes in our Services, business practices, or legal requirements. When we make material changes, we will provide reasonable notice — for example, by email to the address on your account, by posting a notice on our website, or through the Services platform. Material changes will become effective [NUMBER OF DAYS] days after notice is provided. [NEARMESEARCH.AI MUST CONFIRM: notice period for Terms changes.] Non-material changes (such as clarifications, typographical corrections, or formatting updates) may take effect immediately upon posting.
Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the updated Terms. If you do not agree with the revised Terms, you should cancel your subscription before the changes take effect.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
No waiver of any term or condition of these Terms shall be effective unless in writing and signed by the waiving party. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time. Any waiver of a breach or default shall not constitute a waiver of any subsequent breach or default.
NearMeSearch.ai may assign or transfer these Terms, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganization, restructuring, sale of equity, or sale of all or substantially all of its assets. You may not assign or transfer these Terms or your rights or obligations under them without NearMeSearch.ai's prior written consent, which shall not be unreasonably withheld. Any attempted assignment in violation of this section shall be void.
These Terms, together with any applicable proposal, order form, statement of work, invoice, or subscription agreement forming part of your Service Agreement, constitute the entire agreement between you and NearMeSearch.ai regarding the Services and supersede all prior and contemporaneous agreements, understandings, representations, and communications, whether oral or written. In the event of a direct conflict between these Terms and a signed Service Agreement, the Service Agreement shall control.
For questions about these Terms, please contact us at:
NearMeSearch.ai
Legal Entity: [LEGAL ENTITY NAME]
Business Address: [BUSINESS ADDRESS]
Email: hello@nearmesearch.ai
The following items require NearMeSearch.ai's business decision or factual confirmation before these Terms can be finalized:
The following provisions most warrant review by a licensed attorney before these Terms are published:
Section 35 — Limitation of Liability
The enforceability of liability caps and damage exclusions varies significantly by jurisdiction. An attorney should confirm the selected liability period and ensure the language is appropriate for the governing state's law.
Section 36 — Indemnification
Indemnification obligations can create significant financial exposure. Counsel should confirm the scope is commercially reasonable and consistent with NearMeSearch.ai's insurance coverage.
Section 39 — Dispute Resolution (Arbitration / Class-Action Waiver if selected)
Arbitration provisions and class-action waivers face evolving legal scrutiny. An attorney should review Option B carefully before it is adopted, particularly regarding enforceability under federal and state law.
Section 23 — Automatic Renewal
Automatic renewal provisions are regulated in many states. Counsel should confirm that NearMeSearch.ai's auto-renewal practices and disclosure meet applicable legal requirements.
Sections 22, 24, 25 — Cancellation, Refunds, and Setup Fees
These commercially significant provisions should be reviewed to ensure they are clear, enforceable, and consistent with NearMeSearch.ai's actual business practices.
Section 15 — SMS / TCPA Provisions
TCPA violations can result in significant statutory damages. Counsel should confirm the SMS compliance language is adequate and that NearMeSearch.ai's platform architecture supports the compliance obligations described.
Section 14 — Call Recording
If call recording is offered, an attorney should confirm the language is adequate to allocate compliance responsibility to customers.
Section 34 — Disclaimer of Warranties
Warranty disclaimer enforceability varies by jurisdiction. Counsel should review the scope of disclaimers under the governing state's law.
Section 38 — Governing Law
The governing law selection should match NearMeSearch.ai's actual legal jurisdiction, and counsel should confirm that choice-of-law provisions are appropriate for NearMeSearch.ai's customer base.
Sections 28, 29 — Data and Privacy
These sections should be reviewed alongside NearMeSearch.ai's Privacy Policy to ensure consistency and compliance with applicable data protection laws.