Terms of Service

Effective Date: 01/12/2025

These Terms of Service ("Terms") govern your use of Industry Mammoth, a service provided by INDUSTRY MAMMOTH LLC. By using our Services, you agree to these Terms.

1. Services Provided

We offer automated review management, website hosting, and marketing solutions, including sending review requests via SMS/email, review monitoring and analytics, and integrations with online platforms. We do not guarantee a specific number of reviews or control customer responses.

2. Account Registration & Responsibilities

  • Provide accurate and complete information when creating an account.
  • Maintain the confidentiality of your login credentials.
  • Update your account information promptly as changes occur.

3. Payment Terms & Subscription Requirements

  • Services are billed in advance and auto-renew until canceled.
  • Payments are non-refundable except as provided in our Refund Policy.

Rebillable Usage Costs (Digital Wallet & Auto Top-Up)

Clients are responsible for usage-based telecom charges, which may include (without limitation): local/toll-free phone numbers, SMS/MMS segments (inbound/outbound), voice minutes (inbound/outbound), and number intelligence/lookup services.

Clients maintain a digital wallet balance for these rebillable charges. When funds are low, the wallet will auto top-up using the stored payment method. Failure to maintain sufficient funds may result in the suspension of messaging, calling, or other Services until payment is received.

Overdue Payments

All invoices and subscription payments are due on the date specified. If payment is not received within 7 days of the due date, Industry Mammoth LLC reserves the right to suspend all Services — including websites, hosting, automations, review management, and messaging — until the account is brought current. Access will be restored once full payment has been received.

4. Acceptable Use

You agree to use the Services only for lawful purposes, not to send unsolicited or spam messages, and not to disrupt or abuse the Services. You confirm that all contact data you upload (including CSV imports) has been collected lawfully and includes valid consent for SMS/email communications in compliance with applicable laws (including TCPA, CAN-SPAM, and similar regulations). We may suspend or terminate accounts that violate this policy.

5. Customer Data Usage

  • Your customer list is used solely to request reviews and provide related Services.
  • We do not sell or share customer data for marketing.
  • We implement security measures to protect customer data.
  • By providing customer contact information, you confirm you have valid consent to receive review requests via SMS/email on your behalf.

6. Website Ownership, Hosting & Suspension

If you purchase website design and development, ownership covers the agreed-upon design and content. A monthly hosting fee is required to maintain the website on our servers. If hosting fees are not paid, hosting may be suspended, rendering the site inactive until outstanding payments and any applicable reactivation charges are paid.

7. Intellectual Property Rights

All content, software, and materials provided through the Services—including text, graphics, logos, and software—are the property of INDUSTRY MAMMOTH LLC or its licensors. You may not copy, distribute, or use these materials without prior written consent.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the Services will be uninterrupted or error-free.

9. Limitation of Liability

To the fullest extent permitted by law, INDUSTRY MAMMOTH LLC is not liable for indirect, incidental, or consequential damages, including lost profits. Our total liability is limited to the amount you paid for the Services in the 12 months preceding the claim.

10. Fulfillment of Services

Services are considered delivered and fulfilled once (a) the website has been completed and delivered, or (b) platform setup and automations are finalized. Login assistance and onboarding support may be provided but are not required for fulfillment.

11. Refund & Cancellation Policy

  • You may cancel at any time; access remains active through the current billing cycle.
  • Refunds are available within 30 days of the initial subscription or one-time purchase (including website builds). After 30 days, all sales are final.

12. Chargebacks

By agreeing to these Terms, you waive your right to initiate chargebacks or payment disputes for Services rendered. Filing a chargeback constitutes a breach of these Terms. We reserve the right to pursue recovery of the amount owed plus associated legal and collection fees.

13. SMS Messaging Terms

  • By providing your phone number and opting in, you consent to receive text messages related to notifications, service updates, promotional offers, and account support.
  • Messages may be sent using automated technology; frequency may vary; standard message & data rates apply.
  • Reply STOP to unsubscribe; reply HELP for assistance. Carriers are not liable for delayed or undelivered messages.

14. Governing Law

These Terms are governed by the laws of the State of California. Any disputes will be resolved in California courts.

15. Free Trials & Promotions

From time to time, we may offer free trials or promotions. Trials may include limited setup, with full services delivered after billing begins. Discounts or promotions do not modify these Terms.

16. Changes to These Terms

We may update these Terms at any time. Updates are effective upon posting on our website. Your continued use of the Services constitutes acceptance of the updated Terms.

17. Contact Us

Email: nathan@industrymammoth.com
Phone: (805) 767-8806
Address: INDUSTRY MAMMOTH LLC, 2629 Townsgate Road, Suite 235, Westlake Village, CA 91361