Jurisdiction: State of Florida, USA
These Terms of Service ("Agreement") constitute a legally binding contract between Dymetra Solutions LLC ("Dymetra," "Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Florida, and the commercial business entity utilizing our services ("Client," "you," or "your"). By accessing our website, synchronizing data to our platform, or remitting payment for our services, you expressly agree to be bound by the terms and conditions set forth herein.
Dymetra provides an automated conversational infrastructure strictly for the processing of the Client's existing database. The Client acknowledges and agrees that it acts as the sole Data Controller and is exclusively responsible for the origin, hygiene, and legal sufficiency of all consumer telephone numbers synchronized with our platform.
Absolute TCPA Representation: The Client unconditionally represents and warrants that every telephone number transmitted to Dymetra has been obtained with the required Prior Express Written Consent under the Telephone Consumer Protection Act (TCPA) and all applicable state telemarketing statutes. The Client expressly acknowledges that Dymetra does not provide, sell, or verify lead lists.
The Client shall unconditionally indemnify, defend, and hold harmless Dymetra Solutions LLC, its officers, members, employees, and authorized infrastructure providers from and against any and all claims, lawsuits, regulatory fines, statutory damages, settlements, and attorney’s fees arising directly or indirectly from (i) the Client’s failure to secure valid TCPA consent, (ii) the Client’s violation of A2P 10DLC registration requirements, or (iii) any claims initiated by consumers regarding unsolicited communications originating from the Client’s database.
Should the consumer opt-out rate (STOP commands) of a Client's campaign exceed standard thresholds mandated by telecommunications carriers (e.g., indicating the use of a non-compliant or purchased cold list), Dymetra reserves the absolute right to immediately suspend the campaign and freeze any remaining prepaid balances as a non-refundable penalty for endangering our corporate A2P 10DLC Trust Score.
The Client retains all ownership rights to the CRM data provided to Dymetra. The Client grants Dymetra a limited, non-exclusive license to process, parse, and utilize this data solely for executing the reactivation campaigns. The Client acknowledges that Dymetra services multiple contractors and expressly waives any claims of data theft or proprietary infringement should a consumer independently choose to contract with a competitor.
The core of our Service involves the utilization of deterministic artificial intelligence and natural language processing models to automate text-based communications. By using the Service, the Client acknowledges the probabilistic nature of AI technologies.
Dymetra explicitly disclaims liability for any unauthorized financial promises, discount quotes, or inaccurate technical advice inadvertently generated by the AI model during automated communications. The Client accepts full responsibility for honoring or correcting any service parameters established during the AI interaction upon their human follow-up.
Dymetra operates on a strict performance-based billing structure. A success fee is fully earned and automatically deducted from the Client's prepaid balance immediately upon the generation of a "Qualified Lead."
Billable Event Parameter: A lead is legally classified as "Qualified" the moment a human consumer from the Client’s provided database explicitly responds to the automated communication, confirms an active need for a service actively offered by the Client, and indicates a willingness to be scheduled. Dymetra relies exclusively on the CRM data provided by the Client. Leads who have relocated or submitted inaccurate data prior to the campaign remain Billable Events if they confirm interest. Database hygiene is the sole responsibility of the Client.
The definition of a Qualified Lead relies strictly on the explicit confirmation of interest by the consumer. Dymetra assumes no responsibility, and no refunds or credits shall be issued, for leads that are ultimately unserviceable due to external operational constraints. This includes, but is not limited to, consumer language barriers, the Client’s internal capacity or inventory shortages, unroutable landline numbers, telecommunication carrier filtering, or responses generated by automated spam-blocking applications. The qualification of a lead is determined solely by the digital execution logs of Dymetra's platform, which serve as the absolute and final proof of service for all billing and dispute resolution purposes.
Services are initiated via the procurement of a prepaid deposit block. All deposits and prepaid account balances are strictly non-refundable under all circumstances. Unutilized funds roll over as account credits to be applied toward future database synchronization batches. However, any prepaid account credits remaining on a Client's balance will permanently expire and be forfeited if the Client's account remains inactive (i.e., no active database campaigns or API usage) for a continuous period of one hundred and eighty (180) days.
We maintain a rigorous quality assurance protocol. If a Client determines that a routed lead fundamentally fails to meet the definition of a Qualified Lead (e.g., a critical technical misrouting by the AI), the Client must submit a formal dispute within forty-eight (48) hours of the lead being routed to the Client’s designated notification gateway. If no dispute is formally logged within this 48-hour window, the lead is permanently deemed valid, accepted by the Client, and the fee deduction becomes final and legally irreversible.
For the purposes of financial reconciliation and the prevention of unjustified payment chargebacks (Friendly Fraud), the Client legally agrees that the exported execution logs generated by our orchestration infrastructure and telecommunications carrier gateways constitute absolute and indisputable Proof of Service rendered.
Dymetra's contractual obligation is entirely fulfilled upon the successful transmission of the Qualified Lead alert to the Client. Dymetra is not liable for, and will not authorize refunds for, leads that "go cold," sign with competitors, or fail to convert into paying commercial contracts due to the Client's failure to execute timely follow-up communications.
The Client agrees not to overload, scrape, or programmatically abuse Dymetra's automation infrastructure. Transmitting excessively large database batches that violate standard telecommunication throttling limits without prior coordination constitutes a breach of this Agreement. Dymetra reserves the right to throttle processing speeds or temporarily suspend accounts exhibiting abusive API consumption patterns to protect the integrity of the platform.
To the maximum extent permitted by applicable law, in no event shall Dymetra Solutions LLC, its members, managers, or authorized subprocessors be liable for any indirect, punitive, incidental, special, or consequential damages, including without limitation, lost profits, lost revenue, lost data, or business interruption arising out of or in any way connected with the use of the Services.
Strict Liability Cap: Under no circumstances shall the total cumulative liability of Dymetra Solutions LLC for any claims arising out of this Agreement exceed the total fees actually paid by the Client to Dymetra in the three (3) months immediately preceding the event giving rise to the claim. Carve-outs to this cap apply exclusively to acts of gross negligence or willful, malicious misconduct proven in a court of law.
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by binding, individual arbitration in Broward County, Florida, before a single neutral arbitrator, and administered in accordance with the commercial arbitration rules of the American Arbitration Association.
The parties expressly waive any right to assert any claims against the other party as a representative or member in any class, collective, or consolidated action. Furthermore, both Dymetra Solutions LLC and the Client unconditionally waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury.
This commercial Agreement is executed strictly with the corporate entity of Dymetra Solutions LLC. Under no circumstances shall any individual member, manager, officer, founder, employee, or agent of Dymetra Solutions LLC be held personally or financially liable for any obligations, damages, or legal claims arising under this Agreement.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles.
Dymetra reserves the right, in its sole discretion, to modify or replace these Terms of Service at any time to reflect changes in our operational procedures or regulatory requirements. Continued use of our platform and Services following the posting of any changes constitutes binding acceptance of those changes.