Terms of Service

By accessing or using Quarry (the "Service") operated by SmartQuarry Technologies LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

Quarry is a lead generation and lead response platform designed for business professionals across multiple verticals, including real estate, dental, and related service industries. The Service includes tools for capturing inbound leads from advertising platforms, mining and scoring public data, managing multi-channel drip communications (SMS, email, and AI-assisted voice), and tracking lead pipelines across one or more business locations.

You must be at least 18 years of age and legally authorized to conduct business in your jurisdiction to use the Service. By using Quarry, you represent and warrant that you meet these requirements and that your use of the Service complies with all applicable laws and regulations governing your profession or industry.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate accounts that violate these Terms.

You agree not to use the Service to:

• Violate any applicable federal, state, or local laws or regulations;
• Send unsolicited communications in violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws;
• Contact individuals on any Do Not Call registry without proper consent;
• Misrepresent your identity or affiliation;
• Use automated tools to scrape, harvest, or collect data from the Service beyond normal product usage;
• Interfere with the security or integrity of the Service.

Quarry provides automated compliance tools, including checks against third-party databases of known TCPA litigants, national and state Do Not Call registries, and deceased-owner records (collectively, "Compliance Tools"). These tools are designed to reduce your regulatory exposure, but they are not a guarantee of compliance and do not constitute legal advice.

You acknowledge and agree that:

• You are the responsible party. All outbound communications initiated through Quarry — including SMS messages, emails, and voice calls — are made on your behalf and under your authority. You are the "sender" or "initiator" under applicable federal and state law, including the Telephone Consumer Protection Act (TCPA), the FCC's regulations thereunder, and applicable state telemarketing laws. Quarry is a technology platform, not a co-sender.
• Compliance Tools are best-effort. Third-party databases used by Quarry's Compliance Tools may be incomplete, delayed, or inaccurate. A contact not flagged by Quarry's systems is not a guarantee that contacting them is lawful. You are independently responsible for validating compliance before initiating outreach, including maintaining your own Do Not Call scrub records and confirming consent where required by law.
• Overrides are your decision. Where Quarry provides the ability to override a compliance flag (for example, a DNC flag where you have documented evidence of a prior business relationship or established consent), that override is a deliberate action taken under your sole authority and judgment. Quarry logs overrides but does not validate their legal basis.
• Quarry is not liable for regulatory actions. Quarry disclaims all liability for fines, penalties, damages, or legal fees arising from communications you initiate through the platform, including any alleged violation of the TCPA, state telemarketing statutes, or CAN-SPAM. Your use of Quarry does not create any attorney-client relationship or constitute legal advice regarding your compliance obligations.
• You are responsible for staying current. Regulations governing real estate marketing, telemarketing, and consumer communications change frequently. You are responsible for understanding and complying with the laws applicable to your practice, independent of the features Quarry provides.

Quarry will make reasonable efforts to maintain and update its Compliance Tools, but assumes no obligation to flag every legally restricted contact, and expressly disclaims any warranty — express or implied — that use of the platform ensures regulatory compliance.

If you use Quarry to send SMS or text messages to leads, clients, or other individuals, you must comply with the following requirements in addition to Section 6 above.

Prior express written consent required. Before sending any marketing or promotional SMS message through Quarry to any individual, you must have obtained that individual's prior express written consent to receive automated text messages from your business. Implied consent is not sufficient for marketing messages.

Required consent disclosure language. The consent disclosure presented to the individual at the point of opt-in must include all of the following elements:

• Your business name;
• A clear statement that the individual is consenting to receive automated text messages from your business;
• A description of the types of messages they will receive;
• A statement that message frequency may vary and that standard message and data rates may apply;
• Instructions for opting out (e.g., "Reply STOP to opt out") and for obtaining help (e.g., "Reply HELP for help");
• A link to your Privacy Policy; and
• A link to your Terms of Service or this platform's Terms of Service.

Example disclosure: "By checking this box, I consent to receive automated text messages from [Business Name] about my inquiry. Message frequency varies. Message & data rates may apply. Consent is not required to receive services. Reply STOP to opt out. Reply HELP for help. Privacy Policy: [URL] | Terms: [URL]"

Opt-in must be voluntary. The opt-in checkbox or consent mechanism must be unchecked (or otherwise unselected) by default. Consent to receive SMS messages must never be pre-selected, bundled as a condition of purchase, or required as a condition of receiving any product or service.

STOP and HELP keywords. You must honor opt-out requests immediately. Quarry automatically processes STOP replies at the platform level and suppresses future messages to any number that has opted out. You must not re-enroll an individual who has opted out without obtaining fresh, affirmative consent.

Record retention. You are responsible for maintaining records of consent for a minimum of five (5) years, including the date, time, method of consent, and the exact disclosure language presented to the individual at opt-in.

Failure to comply with these requirements constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining all necessary consents from individuals whose data you process using the Service.

With respect to personal data you upload or generate through the Service, you act as the data controller and we act as your data processor. A Data Processing Agreement (DPA) governing our obligations as data processor is incorporated into these Terms. If you require a separate signed DPA for compliance purposes (e.g., for GDPR, CCPA, or HIPAA readiness), please contact us at legal@smartquarry.ai.

Quarry may use artificial intelligence to generate call scripts, message drafts, and lead scores. AI-generated content is provided as a starting point and may contain errors or inaccuracies. You are responsible for reviewing and approving all AI-generated content before it is sent to any lead or prospect. You acknowledge that AI voice calls are made on your behalf and that you bear full responsibility for the content and compliance of those calls.

Certain features of the Service require a paid subscription. All fees are quoted in U.S. dollars and are non-refundable except as required by law or as expressly stated in a separate agreement.

Free trial. We may offer a free trial period at our discretion. At the end of the trial, access to paid features will be restricted unless you subscribe to a paid plan. We will notify you before your trial expires.

Auto-renewal. Paid subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current subscription price. You authorize us to charge your payment method on file at each renewal. We will provide advance notice of any price changes before they take effect.

Cancellation. You may cancel your subscription at any time through your account billing settings or by contacting us at legal@smartquarry.ai. Cancellation takes effect at the end of the current billing period. You will retain access to paid features through the end of the period for which you have paid.

Pricing changes. We reserve the right to change our pricing with 30 days' advance notice. Your continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

Service tiers. The Service is offered at multiple subscription tiers. Features, usage limits, and support levels vary by plan and are described in the applicable plan documentation at the time of purchase.

The Service and its original content, features, and functionality are and will remain the exclusive property of SmartQuarry Technologies LLC and its licensors. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTQUARRY TECHNOLOGIES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless SmartQuarry Technologies LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any applicable law.

We may suspend or terminate your access to the Service at any time, with or without cause, upon notice to you. You may cancel your account at any time through your account settings. Upon termination, your right to use the Service ceases immediately.

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Hudson County, New Jersey.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. Continued use of the Service after such changes constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us at legal@smartquarry.ai.