Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your access to and use of the websites, services, software, communications, marketing solutions, automation systems, artificial intelligence tools, and related offerings provided by True North Marketing INC d/b/a KLYR MEDIA ("KLYR MEDIA," "Company," "we," "us," or "our") (collectively, the "Services").

By accessing or using the Services, you:

• Acknowledge that you have read and understood these Terms; and
• Agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Services.

2. ELIGIBILITY AND AUTHORITY

You represent and warrant that:

• You are at least eighteen (18) years of age; and
• If you are using the Services on behalf of a business or other entity, you have full authority to bind that entity to these Terms.

3. DESCRIPTION OF SERVICES

KLYR MEDIA provides marketing, automation, analytics, advertising, customer communication, artificial intelligence enabled, and related business services, which may include (without limitation):

• Lead generation and funnel systems
• CRM and marketing automation
• Advertising strategy, setup, and optimization
• Analytics and performance tracking
• SMS, email, voice, and AI-assisted communications
• Website, landing page, and conversion optimization services

The specific scope of services may vary by engagement and may be governed by a separate written agreement, proposal, or statement of work ("SOW"). In the event of a conflict, the SOW shall control with respect to that engagement.

4. CLIENT RESPONSIBILITIES

You acknowledge and agree that:

• You are solely responsible for the accuracy, legality, and content of all information, data, leads, scripts, messages, and materials you provide or authorize us to use.
• You are solely responsible for compliance with all applicable laws, regulations, and industry rules related to your business, including but not limited to:
  • Advertising and marketing laws
  • TCPA, CAN-SPAM, and similar communications laws
  • Data protection and privacy laws
  • Industry-specific regulations (e.g., healthcare, financial services)
• You are responsible for obtaining any required consents from your customers, leads, or users for communications, tracking, call recording, AI processing, and data use.

KLYR MEDIA does not provide legal advice and does not guarantee regulatory compliance for your specific business or jurisdiction.

5. COMMUNICATIONS, SMS, AND VOICE AI

By providing a telephone number or engaging with the Services, you expressly consent to receive communications from KLYR MEDIA, including via:

• Telephone calls
• SMS or MMS messages
• Automated dialing systems
• Artificial intelligence or voice-enabled systems

You acknowledge that:

• Laws governing automated communications and call recording vary by jurisdiction;
• You are responsible for ensuring your own compliance when using the Services to communicate with third parties;
• KLYR MEDIA disclaims liability for your failure to obtain required consent.

Standard messaging and data rates may apply.

6. FEES, BILLING, AND PAYMENTS

Fees for Services are as set forth in applicable proposals, invoices, or SOWs. Unless otherwise stated:

• Fees are non-refundable.
• Late payments may result in suspension or termination of Services.
• You authorize KLYR MEDIA and its payment processors to charge your payment method on a recurring or one-time basis as applicable.

We reserve the right to change pricing upon reasonable notice.

7. INTELLECTUAL PROPERTY

7.1 Company IP

All Services, software, workflows, methodologies, templates, processes, designs, and materials provided by KLYR MEDIA are owned by KLYR MEDIA or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use deliverables solely for your internal business purposes, unless otherwise agreed in writing.

7.2 Client Materials

You retain ownership of materials you provide. You grant KLYR MEDIA a non-exclusive, royalty-free license to use such materials solely for purposes of providing the Services.

8. DISCLAIMERS

9. LIMITATION OF LIABILITY

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KLYR MEDIA and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to:

• Your use of the Services;
• Your communications, advertising, or marketing activities;
• Your violation of applicable law or third-party rights;
• Content or data you provide or authorize us to process.

11. TERMINATION

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law.

Upon termination:

• Outstanding fees remain due;
• Licenses granted to you terminate;
• Sections that by their nature should survive shall survive.

12. THIRD-PARTY SERVICES

The Services may integrate or rely on third-party platforms. KLYR MEDIA does not control and is not responsible for third-party services, content, or practices. Your use of third-party services is governed by their respective terms and policies.

13. GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-laws principles. Any legal action arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction therein.

14. SEVERABILITY

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any applicable SOW, constitute the entire agreement between you and KLYR MEDIA regarding the Services and supersede all prior or contemporaneous agreements.

16. CONTACT INFORMATION