These Terms and Conditions ("Agreement") govern your access to and use of the website located at https://reactiv8leads.com and the services provided by The Tectonic Group, LLC, doing business as Reactiv8 AI ("Company," "we," "us," or "our"). By accessing our website, requesting information, submitting forms, engaging our services, or executing any service agreement with the Company, you ("Client," "you," or "your") agree to be bound by this Agreement in its entirety, including any future modifications.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement. If you lack such authority, you may not use our services.
Reactiv8 AI provides artificial intelligence-powered database reactivation, revenue recovery, outreach automation, CRM integration, and sales enablement services (collectively, the "Services"). These Services may include, but are not limited to:
The specific scope, deliverables, pricing, and timelines applicable to your engagement shall be set forth in a separate written service agreement, proposal, or statement of work ("SOW") executed between you and the Company. In the event of a conflict between this Agreement and a SOW, the SOW shall control with respect to the specific engagement, and this Agreement shall control for all other matters.
Client acknowledges and agrees that actual results from the Services will vary—potentially materially—based on numerous factors outside the Company's control, including without limitation:
The Company shall bear no liability for results that fall below any projected, estimated, or modeled figures. Client assumes full responsibility for evaluating whether the Services are suitable for its business needs prior to engagement.
Any financial projections, revenue forecasts, ROI models, volume estimates, or conversion rate illustrations presented by the Company—whether in proposals, presentations, marketing materials, website content, or verbal communications—are developed using industry averages, publicly available benchmarks, and hypothetical assumptions. They are intended solely to help Client conceptualize potential outcomes under favorable conditions and do not represent predictions of actual performance.
CLIENT EXPRESSLY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY SUCH PROJECTIONS OR ESTIMATES AS A GUARANTEE, AND THAT THE COMPANY HAS NOT MADE ANY SUCH GUARANTEE, IN ENTERING INTO ANY SERVICE ARRANGEMENT.
To enable the Company to deliver the Services effectively, Client agrees to:
Client acknowledges that the Company's ability to perform the Services is dependent on Client's timely cooperation. The Company shall not be liable for any delays, degraded performance, or failure to deliver results attributable to Client's failure to fulfill these responsibilities.
Client is solely responsible for ensuring that its use of the Services complies with all applicable laws and regulations, including without limitation federal and state laws governing telemarketing, electronic communications, data privacy, consumer protection, and unfair business practices. Client represents and warrants that:
The Company reserves the right to suspend or terminate Services immediately, without liability, if it has reasonable grounds to believe Client is using the Services in violation of applicable law or in a manner that exposes the Company to legal risk.
Fees for the Services are as specified in the applicable SOW or service agreement. Unless otherwise agreed in writing:
Given the nature of the Services and the resources committed by the Company upon engagement, all fees are non-refundable unless expressly stated otherwise in a signed written agreement. The Company's inability to achieve any particular result or projection does not entitle Client to a refund.
All content on this website, including but not limited to text, graphics, logos, images, video, software, and methodologies, is the property of the Company or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
The Company retains all rights, title, and interest in and to its proprietary technology, platforms, AI models, algorithms, and tools used to deliver the Services. Client is granted a limited, non-exclusive, non-transferable license to use any reports, deliverables, or outputs provided to Client solely for Client's internal business purposes.
Client grants the Company a non-exclusive license to use Client's name, logo, and general description of results achieved (in anonymized or aggregated form) for marketing and case study purposes, unless Client provides written opt-out notice.
Each party agrees to hold in strict confidence any non-public, proprietary, or confidential information disclosed by the other party in connection with the Services ("Confidential Information"), and to use such information solely for the purpose of fulfilling obligations under this Agreement. Each party shall protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.
The Company's collection and use of personal information submitted through this website is governed by our Privacy Policy, available at https://reactiv8leads.com/privacy-policy. By using this website or our Services, you consent to our data practices as described therein.
Client is solely responsible for the lawful collection, storage, and processing of any personal data included in databases or contact lists provided to the Company. Client shall indemnify, defend, and hold harmless the Company from any claims, penalties, or liabilities arising from Client's failure to comply with applicable data protection laws.
(a) IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Client agrees to defend, indemnify, and hold harmless The Tectonic Group, LLC and its officers, directors, members, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) Client's breach of this Agreement or any applicable law; (b) Client's misuse of the Services; (c) any data or content provided by Client to the Company; (d) Client's violation of any third party's rights; or (e) any claim by a contact in Client's database related to communications sent on Client's behalf.
This Agreement is effective upon your acceptance and continues until terminated. Either party may terminate a specific engagement as provided in the applicable SOW. The Company reserves the right to suspend or terminate access to the Services at any time, with or without cause, upon written notice.
Upon termination: (a) all outstanding fees become immediately due and payable; (b) each party shall promptly return or destroy the other's Confidential Information upon request; and (c) Sections 3, 7, 8, 10, 11, 12, 14, 15, 16, and 17 of this Agreement shall survive termination.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in Brazos County, Texas. The award of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Each party irrevocably consents to exclusive jurisdiction and venue in the state and federal courts located in Brazos County, Texas for any such action.
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
This website is operated from the United States. The Company makes no representation that the Services are appropriate or available for use in other locations. If you access the website or engage our Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws.
International Clients acknowledge that: (a) data transferred to the Company may be processed and stored in the United States; (b) applicable data protection laws of their jurisdiction (including GDPR, CASL, or similar regulations) may impose additional obligations; and (c) Client is solely responsible for ensuring its use of the Services complies with all laws applicable in its jurisdiction.
The Company reserves the right to modify this Agreement at any time. Changes will be posted to this page with an updated effective date. Your continued use of the website or Services after the posting of any changes constitutes your acceptance of the revised Agreement. It is your responsibility to review this Agreement periodically.
For existing Clients under an active SOW, material changes to this Agreement will be communicated via email to the address on file. Such changes will take effect thirty (30) days after notice unless Client terminates the engagement prior to that date.
This Agreement, together with any applicable SOW or service agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and understandings, whether written or oral.
If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy shall operate as a waiver of that right. A waiver of any provision must be in writing and signed by an authorized representative of the Company.
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, internet outages, or third-party platform failures.
Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign this Agreement, including in connection with a merger, acquisition, or sale of assets.
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, agency, or franchise relationship between the parties.
Section headings are for convenience only and shall not affect the interpretation of this Agreement.
Questions, concerns, or notices regarding this Agreement should be directed to:
The Tectonic Group, LLC (dba Reactiv8 AI) operates an SMS / text messaging program for users and clients who voluntarily opt in. By opting into our SMS program, you may receive the following types of text messages:
You opt in to our SMS program by submitting your mobile phone number through an opt-in form on our website and expressly checking the SMS consent checkbox. Opting in is entirely voluntary and is not required to use our website or engage our services.
To stop receiving messages, reply STOP to any text message at any time. After texting STOP, you will receive one final confirmation message and no further messages will be sent. You may re-subscribe at any time by opting in again through our website.
For assistance with our SMS program, reply HELP to any text message. You may also contact our support team at:
Message and data rates may apply. Check with your carrier for details regarding your wireless plan and any charges that may apply for receiving text messages.
Carriers are not liable for delayed or undelivered messages. Message delivery is subject to network availability and carrier policies. The Company is not responsible for messages that are delayed or not received due to carrier or network issues beyond our control.
You must be 18 years of age or older to use this SMS service. By opting in to our SMS program, you represent and warrant that you are at least 18 years old.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other uses of your mobile phone number and SMS opt-in data are prohibited without your explicit consent.
Our collection and use of your mobile phone number and SMS opt-in data is governed by our Privacy Policy, available at https://reactiv8leads.com/privacy-policy.