HOT PROSPECTOR

Throughout these Terms and Conditions of Service ("Agreement"), the following definitions apply:

"Company," "we," "us," "our" refers to M&M Helton Enterprises, LLC, the owner and operator of hotprospector.com and all associated services, applications, and platforms.

"Customer," "you," "your" refers to the individual, company, organization, or entity that accesses or uses the Service, including any authorized agents, employees, sub-accounts, and end users operating under your account.

"Service" refers to all products, features, tools, and functionality provided by the Company, including but not limited to: the power dialer, AI-powered calling and SMS agents, conversation intelligence, call recording and transcription, campaign management, local presence dialing, ringless voicemail (RVM), SMS and email messaging, API access, webhooks, integrations, white-label capabilities, sub-account management, and any related software, applications, or platforms.

"Content" refers to all information provided on the Site or through the Service, in any format including text, graphics, code, software, audio, video, data, or other material.

"User Data" refers to all data, content, call recordings, transcripts, lead information, campaign data, and other materials uploaded, transmitted, or generated through your use of the Service.

"Sub-Account" refers to any account created under your primary account, including white-label accounts, client accounts, or agency sub-accounts.

YOUR COMPANY, ORGANIZATION, AND/OR END USER IS LIABLE FOR ALL CALLS, TEXT MESSAGES, VOICEMAILS, AND OTHER COMMUNICATIONS ORIGINATING FROM YOUR ACCOUNT AND ANY SUB-ACCOUNTS UNDER YOUR CONTROL.

By creating an account, accessing, or using any part of the Service, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into this Agreement.
• You have the authority to bind the entity on whose behalf you are accepting these terms.
• You have read, understood, and agree to be bound by this Agreement in its entirety.
• You will comply with all applicable federal, state, local, and international laws and regulations in your use of the Service.

If you do not agree to these terms, do not access or use the Service. We reserve the right to modify these terms at any time. Continued use of the Service after modifications constitutes acceptance of the updated terms. We will make reasonable efforts to notify you of material changes via email or in-platform notification.

The Company provides tools that enable outbound and inbound voice calls, SMS/text messaging, ringless voicemail, email, and AI-powered communications. You are solely responsible for ensuring that your use of these tools complies with all applicable laws and regulations.

3.1 Federal Compliance

You acknowledge and agree to comply with, at minimum, the following federal regulations as they apply to your use of the Service:

• The Telephone Consumer Protection Act (TCPA) of 1991, as amended, including the FCC's one-to-one consent requirements effective January 2026.
• The Telemarketing Sales Rule (TSR) enforced by the Federal Trade Commission (FTC).
• The CAN-SPAM Act for email communications.
• FCC regulations regarding caller ID transmission, STIR/SHAKEN attestation, and robocall mitigation.
• A2P 10DLC registration requirements for SMS messaging through The Campaign Registry (TCR).
• The National Do Not Call Registry requirements maintained by the FTC.

This list is not exhaustive. New regulations may be enacted at any time, and it is your sole responsibility to stay current with all applicable telecommunications laws.

3.2 State and International Compliance

You are responsible for compliance with all applicable state, provincial, and international telecommunications laws, including but not limited to state-specific do-not-call lists, calling time restrictions, consent requirements, call recording consent laws (including one-party and two-party/all-party consent states), and any jurisdiction-specific regulations governing automated or AI-powered communications.

3.3 Consent Requirements

You represent and warrant that prior to initiating any communication through the Service, you have obtained all required consents from recipients, including:

• Prior express written consent for telemarketing calls and texts to wireless numbers, as required by the TCPA.
• Proper opt-in consent for SMS messaging in compliance with CTIA guidelines and carrier requirements.
• Any consent required by applicable state or international law.

You are solely responsible for maintaining records of all consents obtained, and you agree to produce such records to the Company upon request.

3.4 Do-Not-Call and Opt-Out Obligations

You agree to:

• Scrub all calling and texting lists against the National Do Not Call Registry and all applicable state do-not-call lists before initiating any campaigns.
• Maintain an internal do-not-call list and honor all opt-out requests immediately and permanently.
• Utilize the DNC and opt-out features provided within the Service.
• Process opt-out requests for SMS within the timeframes required by applicable law and carrier requirements.

3.5 Calling Conduct

You agree that all campaigns and communications conducted through the Service will:

• Comply with applicable calling time restrictions (including federal and state quiet hours).
• Clearly identify the caller and provide accurate caller ID information.
• Not target emergency telephone lines (911), hospitals, fire departments, law enforcement, poison control, or other life-safety services.
• Not engage two or more telephone lines of a multi-line business simultaneously.
• Not send unsolicited communications to recipients who will incur charges unless prior consent has been obtained.
• Include required disclosures and identification as mandated by applicable law.

3.6 Compliance Tools Disclaimer

The Company provides compliance-related tools and features, including TCPA-enforced calling hour restrictions, timezone-based dialing controls, DNC list management, and consent tracking capabilities. These tools are provided to assist you in your compliance efforts. However, the availability of these tools does not transfer any compliance obligation from you to the Company. You remain solely responsible for your compliance with all applicable laws regardless of what tools the Service provides.

4.1 AI-Powered Services

The Service includes AI-powered features, including but not limited to: AI voice agents, AI SMS agents, conversation intelligence (call scoring, sentiment analysis, keyword detection), call transcription, and AI-assisted campaign management. These features use third-party AI models and services.

4.2 Customer Responsibility for AI

You are solely responsible for:

• All actions taken by AI agents operating on your behalf, including statements made during calls or in text messages.
• Reviewing and approving AI agent configurations, scripts, and behaviors before deployment.
• Ensuring AI-generated communications comply with all applicable laws, including truth-in-advertising, consent requirements, and disclosure obligations.
• Disclosing to recipients when they are communicating with an AI agent, where required by applicable law.
• Monitoring AI agent performance and promptly disabling any AI agent that produces inaccurate, harmful, or non-compliant communications.

4.3 AI Disclaimers

The Company does not guarantee the accuracy, completeness, or reliability of any AI-generated content, transcriptions, call scores, sentiment analyses, or other AI outputs. AI features are provided "as is" and may produce errors, inaccuracies, or hallucinations. You should not rely solely on AI outputs for legal, medical, financial, or other critical decisions. The Company is not liable for any losses, damages, or claims arising from AI-generated content or AI agent actions.

5.1 Recording Consent

The Service includes call recording and transcription capabilities. You are solely responsible for obtaining all required consents before recording any call, in compliance with applicable federal and state wiretapping and recording consent laws. Some jurisdictions require all-party consent for call recording. The Company is not responsible for determining which consent laws apply to your calls.

5.2 Data Ownership and License

You retain ownership of your User Data. By using the Service, you grant the Company a limited, non-exclusive license to process, store, transmit, and use your User Data solely for the purpose of providing and improving the Service, including training and improving AI features (in anonymized and aggregated form only). This license terminates upon deletion of your account, subject to our data retention obligations.

5.3 Data Retention and Deletion

Call recordings, transcripts, lead data, and other User Data are retained for the duration of your active account. Upon account cancellation, User Data may be retained for up to ninety (90) days, after which it may be permanently deleted. You are responsible for exporting any data you wish to retain before cancellation. The Company is not responsible for User Data that is not exported prior to account deletion.

5.4 Law Enforcement and Regulatory Disclosure

The Company retains records of all communications initiated through the Service, including phone numbers dialed, call durations, timestamps, caller ID information, recordings, transcripts, SMS logs, and account holder information. This data may be disclosed to the FCC, FTC, state attorneys general, law enforcement agencies, or other government authorities in response to valid legal process, regulatory inquiry, or as otherwise required by law. The Company may also disclose such data when we believe in good faith that disclosure is necessary to protect our rights, prevent fraud, or address safety concerns.

If you create Sub-Accounts or use the Service's white-label capabilities to provide the Service to your clients or end users:

• You are fully responsible for ensuring that all Sub-Account users and end users comply with these terms and all applicable laws.
• You agree to bind your Sub-Account users to terms that are at least as protective as this Agreement.
• Any violation of these terms by a Sub-Account user shall be treated as a violation by you.
• You are responsible for all fees, charges, and liabilities arising from Sub-Account usage.
• The Company reserves the right to suspend or terminate any Sub-Account that violates these terms, with or without notice to you.

The Company provides API access, webhook functionality, and third-party integrations (including but not limited to GoHighLevel integration). Your use of these features is subject to the following:

• API credentials are confidential. You are responsible for securing your API keys and are liable for all activity conducted through your credentials.
• The Company may impose rate limits, usage quotas, or other restrictions on API usage at any time.
• Third-party integrations are provided "as is." The Company is not responsible for the availability, accuracy, or functionality of third-party services.
• You are prohibited from using the API to build a competing product or service, or to reverse-engineer the Service.
• The Company may modify, deprecate, or discontinue API endpoints with reasonable notice.

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Exclusion of Consequential Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE). THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

8.3 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.4 Third-Party Liability

The Company is not liable for any act or omission of third-party service providers, including but not limited to telecommunications carriers, AI model providers, cloud hosting providers, integration partners, or any vendor participating in the delivery of the Service. The Company is not liable for damages associated with equipment, systems, or services that it does not furnish.

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service, including all calls, texts, emails, voicemails, and other communications originating from your account or Sub-Accounts.
• Your violation of this Agreement or any applicable law or regulation, including but not limited to TCPA, TSR, CAN-SPAM, state telecommunications laws, and recording consent laws.
• Claims of libel, slander, invasion of privacy, copyright infringement, or other intellectual property violations arising from content transmitted through the Service.
• Actions taken by AI agents configured and deployed through your account.
• Any claims by your clients, end users, Sub-Account holders, or third parties related to your use of the Service.
• Your failure to obtain required consents, maintain required records, or honor opt-out requests.

This indemnification obligation survives termination of this Agreement.

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fires, floods, earthquakes, hurricanes, or other catastrophes; epidemics, pandemics, or public health emergencies; national emergencies, insurrections, riots, wars, or acts of terrorism; strikes, lockouts, or labor disputes; any law, order, regulation, or action of any governmental authority; telecommunications or internet outages; carrier or infrastructure provider failures; power failures; cyberattacks or security breaches caused by third parties; or any other circumstances beyond the Company's reasonable control.

11.1 Suspension by the Company

The Company reserves the right to immediately suspend or restrict access to the Service, without prior notice, if:

• We reasonably believe you are violating applicable telecommunications laws, including TCPA, TSR, or FCC regulations.
• Your use of the Service poses a risk of legal liability to the Company.
• We receive complaints, carrier notifications, or regulatory inquiries related to your account activity.
• Your account is delinquent in payment.
• We determine, in our sole discretion, that your use of the Service threatens the integrity, security, or availability of the platform for other users.

11.2 Termination by the Company

The Company may terminate your account and this Agreement at any time, with or without cause, upon notice to you. In the event of termination for cause (including breach of these terms), no refund shall be provided for any prepaid fees.

11.3 Termination by Customer

You may cancel your subscription at any time by submitting a cancellation request through the in-platform cancellation form or by contacting Company support. Cancellation requests must be submitted at least ten (10) days prior to your next billing date to avoid charges for the upcoming billing cycle. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of your final billing period.

11.4 Effect of Termination

Upon termination or cancellation:

• All outstanding balances become immediately due and payable.
• Your access to the Service will be discontinued.
• User Data may be retained for up to ninety (90) days post-termination, after which it may be permanently deleted.
• Cancellation does not dismiss outstanding invoices, previously agreed charges, or annual contract obligations.
• Sections 3, 4, 5, 8, 9, 14, and 15 of this Agreement survive termination.

12.1 General Billing

By using the Service, you accept these billing terms. All accounts are prepaid unless otherwise agreed in writing. You must maintain a valid payment method on file for all recurring charges. Subscription billing is based on access to the Service, not usage volume, although certain features (such as call minutes, SMS, and AI usage) may incur usage-based fees.

12.2 Auto-Renewal

Your subscription automatically renews at the end of each billing period at the then-current rate unless you cancel in accordance with Section 11.3. You authorize the Company to charge your payment method on file for each renewal period. It is your responsibility to cancel before your renewal date if you do not wish to continue the Service.

12.3 Fees and Penalties

• Late Fee: A $30.00 late fee may be assessed for any payment more than fifteen (15) days past due.
• Chargeback Fee: A $50.00 processing fee may be assessed for each chargeback initiated against the Company.
• Returned Payments: A $50.00 processing fee may be assessed for each returned check or failed payment.
• Collections Fee: A $35.00 processing fee may be assessed if an account is submitted to a third-party collections service.
• Interest: Unpaid balances are subject to interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

12.4 Delinquent Accounts

Accounts more than fifteen (15) days past due may be suspended. Accounts more than sixty (60) days past due may be cancelled and submitted to a third-party collections service. Simply cancelling the credit card on file does not cancel your account; you must follow the cancellation process in Section 11.3.

12.5 Billing Disputes

You agree to notify the Company of any billing dispute within thirty (30) days and allow the Company thirty (30) days to attempt resolution before initiating any chargeback or dispute with your financial institution. The Company reserves the right to suspend the account and collect associated fees in the event of a chargeback.

12.6 Refund Policy

All subscription fees, setup fees, service fees, and usage charges are non-refundable and will not be prorated. In the event of cancellation, the Company will not prorate any portion of unused subscription time.

13.1 Company Intellectual Property

The Service, Site, and all associated intellectual property, including but not limited to the hotprospector.com name, logo, designs, text, graphics, code, software, algorithms, documentation, and the selection and arrangement thereof, are owned by the Company and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without prior written consent from the Company.

13.2 Your Content

You retain ownership of your User Data and any content you submit through the Service. You are responsible for ensuring that your content does not infringe on the intellectual property rights of any third party. You agree to hold the Company harmless from any claims arising from content you submit through the Service.

13.3 Feedback

If you provide suggestions, ideas, or feedback regarding the Service, you grant the Company an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. To the extent of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall govern with respect to data handling practices.

The Company processes User Data in accordance with applicable data protection laws. For international users, additional data protection obligations may apply. If you transmit personal data of individuals located in jurisdictions with specific data protection requirements (including the European Union, United Kingdom, Canada, or Brazil), you are responsible for ensuring that such transmission complies with applicable data protection laws and that you have obtained all necessary consents and legal bases for processing.

The Company will not sell your User Data to third parties. We will not monitor your communications or share User Data with third parties without your consent, except as necessary to provide the Service, comply with legal obligations, or enforce this Agreement.

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact the Company and attempt to resolve the dispute informally for at least thirty (30) days.

15.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN CLARK COUNTY, NEVADA, OR AT ANOTHER MUTUALLY AGREED LOCATION. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

15.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or violation of confidentiality obligations.

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

16.2 Entire Agreement

This Agreement, together with the Privacy Policy and any signed contracts or order forms, constitutes the entire agreement between you and the Company. In the event of a conflict between this Agreement and a signed contract, the signed contract shall prevail.

16.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 No Waiver

The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

16.5 Assignment

You may not assign or transfer this Agreement or your account without the Company's prior written consent. The Company may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

16.6 Notices

The Company may provide notices to you via email to the address associated with your account, through in-platform notifications, or by posting on the Site. You are responsible for keeping your contact information current.

16.7 Modifications

The Company reserves the right to modify this Agreement at any time. Material changes will be communicated via email or in-platform notification at least fifteen (15) days before taking effect. Your continued use of the Service after the effective date of any modification constitutes acceptance of the updated terms.

16.8 Relationship of Parties

Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between you and the Company. Neither party has the authority to bind the other.

For questions about these Terms and Conditions, contact:

M&M Helton Enterprises, LLC
Operating hotprospector.com
304 S Jones Blvd #7555, Las Vegas, NV 89107
Email: support@hotprospector.com
Website: hotprospector.com