Terms & Conditions for LocalistAI

Last Updated: May 11, 2026

These Terms & Conditions (“Terms”) govern your access to and use of the website, platform, and related services provided by Claymore Enterprise, Inc, doing business as LocalistAI. (“LocalistAI”, “we”, “us”, or “our”), including any content, functionality, and services offered on or through our website and any associated applications (collectively, the “Services”).

By creating an account, accessing, or using the Services in any way, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Services.

1. Acceptance and Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age and possess the legal authority to bind yourself or the entity you represent to these Terms. You agree to provide accurate, current, and complete information during the registration process and to maintain the security of your account credentials. You are solely responsible for all activities that occur under your account.

2. Description of Services

LocalistAI provides a software-as-a-service (SaaS) platform featuring customer relationship management (CRM) tools, lead capture, appointment scheduling, and advanced communication features including SMS, MMS, email, and AI-assisted messaging or voice agents. We reserve the right to modify, enhance, or discontinue any part of the Services at our sole discretion without prior notice.

3. Customer Data and Intellectual Property

You retain all ownership rights to the data, content, and information you upload or process through the Services (“Customer Data”). You grant LocalistAI a worldwide, non-exclusive, royalty-free license to host, store, and process Customer Data solely to provide and improve the Services.

All intellectual property rights in the Services, including software, designs, and trademarks, are owned by LocalistAI. You are granted a limited, non-transferable license to use the Services for your internal business purposes, subject to these Terms.

4. Prohibited Conduct and Compliance

You agree to use the Services in strict compliance with all applicable laws, including but not limited to:

•       The Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

•       The FCC’s One-to-One Consent Rule, requiring prior express written consent for each individual seller.

•       Texas Business and Commerce Code Chapters 301-305 and the Texas Deceptive Trade Practices Act (DTPA), which regulate telemarketing and solicitation.

•       A2P 10DLC carrier requirements and industry standards for messaging.

Prohibited activities include:

•       Sending unsolicited bulk messages (spam) without verifiable one-to-one consent.

•       Using AI features to generate deceptive, defamatory, discriminatory, or unlawful content.

•       Attempting to reverse engineer the Services or bypass security measures.

5. SMS, Voice, and AI Features

5.1 Messaging Compliance

You are solely responsible for obtaining and maintaining verifiable "one-to-one" opt-in consent from all recipients before sending any SMS, MMS, or voice communications. You must include clear "opt-out" instructions (e.g., "Reply STOP to unsubscribe") in all marketing communications.

5.2 AI and Voice Agents

The Services utilize Artificial Intelligence (AI) to generate content or handle voice interactions.

•       Transparency Disclosure: You must ensure all AI voice agents disclose their automated nature at the beginning of every interaction.

•       Supervision: You acknowledge that AI-generated output may occasionally be inaccurate. You are responsible for supervising all AI interactions and ensuring they comply with the FCC’s regulations on AI-generated voices and the Texas Responsible Artificial Intelligence Governance Act (TRAIGA).

6. Fees and Payments

Subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law. You authorize LocalistAI to charge your designated payment method for all applicable fees, including usage-based charges for telephony services and mandatory carrier registration fees. Failure to pay may result in immediate suspension of Services.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCALISTAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOCALISTAI, LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LOCALISTAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. LOCALISTAI IS SPECIFICALLY NOT LIABLE FOR ANY TREBLE DAMAGES INCURRED UNDER THE TEXAS DTPA OR TCPA DUE TO USER MISUSE OF THE TOOLS.

9. Indemnification

You agree to indemnify, defend, and hold harmless LocalistAI, LLC from any claims, damages, or legal fees arising out of your breach of these Terms, your misuse of AI features, or your violation of any third-party rights or applicable laws (including TCPA and Texas telemarketing laws).

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising out of these Terms shall be resolved through binding arbitration in Montgomery County, Texas, in accordance with the rules of the American Arbitration Association. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

11.Carrier Liability: Carriers are not liable for delayed or undelivered messages.

12. Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.

13. Changes to Terms

We may update these Terms from time to time. Continued use of the Services after such changes constitutes your acceptance of the new Terms.

14. SMS Program

Once end users opt-in, they can receive messages related to non-marketing and marketing.

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected]

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://localist-ai.com/privacy-7588

15. Contact Information

For questions regarding these Terms, please contact us at: Email: [email protected] Address: [1006 Holly Chapple Dr, Conroe, TX]