1. DEFINITIONS

• “amklo,” “we,” “us,” or “our” refers to AMKLO LLC, a New Mexico limited liability company
• “Services” refers to our lead generation services: Web Leads, Pay-Per-Call (Inbound + Live Transfer), and Appointment Setting
• “Partner,” “you,” or “your” refers to businesses using our Services, including contractors, home service professionals, insurance agencies, and other service providers
• “Qualified Call/Lead” refers to customer connections meeting your Qualification Blueprint criteria
• “Qualification Blueprint” refers to the custom quality standards document we create together
• “Platform” refers to our technology systems, websites, and dashboards
• “Insertion Order (IO)” refers to your signed service agreement document

2. ACCEPTANCE OF TERMS

By using amklo’s Services, signing an IO, funding your account, or receiving leads/calls, you agree to these Terms of Service. If you disagree, cease using our Services immediately.

2.1 Eligibility

• Age 18 or older
• Legitimate business with proper licensing
• Legal authority to enter contracts
• Compliance with all applicable laws
• Accurate information provided

2.2 Business Representation

If acting on behalf of a company, you confirm authority to bind that entity to these Terms.

3. OUR SERVICES

3.1 Service Overview

A. Web Leads

• Exclusive form submissions with full contact details
• Real-time delivery with project specifications
• Geographic targeting by service area

B. Pay-Per-Call (Inbound + Live Transfer)

• Inbound: Direct customer calls to your line
• Live Transfer: Pre-screened, warm transfers
• Exclusive connections with call recordings

C. Appointment Setting

• Pre-qualified prospects on your calendar
• Completed intake forms
• Confirmed, ready-to-convert appointments

3.2 Service Positioning

amklo is a lead generation service only. We:

• Do NOT perform the services your business provides (contracting, insurance sales, home services, etc.)
• Do NOT employ or supervise end customers
• Are NOT responsible for your service quality or business operations
• Facilitate connections only

3.3 Service Availability

• Available in all 50 U.S. states
• Lead volume varies by market and service category
• No guaranteed lead quantities or timeframes
• Subject to market conditions and demand

4. SERVICE AGREEMENT AND PRICING

4.1 Prepaid Payment Model

amklo operates on a prepaid, pay-per-performance basis:

• You fund your account via credit card or bank transfer through our secure payment processor (Stripe)
• Initial deposit amounts are specified in your Insertion Order
• Charges are deducted from your prepaid balance only when qualified leads/calls are delivered
• You may add funds to your account at any time
• Campaigns can be paused or adjusted with 24-hour notice

4.2 Pricing Structure

• Pricing is dynamic and based on service type, geographic market, lead complexity, and market demand
• Your specific pricing is documented in your signed Insertion Order
• Promotional pricing and discounts (when applicable) are applied as specified in your IO
• Standard pricing applies after any promotional period ends
• We reserve the right to adjust pricing with 30 days’ notice for future campaigns

4.3 Payment Processing

• All payments are processed securely through Stripe
• By funding your account, you authorize amklo to charge your payment method
• You are responsible for maintaining valid payment information
• Failed payments may result in campaign suspension
• All payments are in U.S. Dollars (USD)

4.4 Prepaid Balance Policy

• Prepaid deposits are non-refundable but remain as account credit
• Unused balance remains valid for 12 months from last deposit
• You may request a refund of unused balance with 7 days’ written notice (subject to 5% processing fee)
• Credits for non-qualified leads/calls are applied within 24-48 hours of dispute resolution

4.5 No Long-Term Contracts

• amklo does NOT require long-term commitments or contracts
• Services continue until your prepaid balance is depleted or you pause your campaign
• Either party may terminate the service relationship at any time with written notice
• No penalties or termination fees apply

4.6 Promotions and Offers

From time to time, amklo may offer promotional pricing, discounts, or special programs to new or existing Partners. These promotions:

• Are subject to specific terms and eligibility requirements
• May have time limits, volume caps, or other restrictions
• Are documented in your Insertion Order or promotional agreement
• Cannot be combined with other offers unless explicitly stated
• May be modified or discontinued at amklo’s discretion
• Do not create ongoing entitlements to discounted pricing

Promotional terms are in addition to, not in replacement of, these Terms of Service. All promotional offers are subject to availability and amklo reserves the right to verify eligibility before applying any discount.

4.7 Technology and Service Delivery

amklo uses various technologies to deliver and optimize Services, including:

• Third-party call tracking and routing platforms
• Analytics and performance measurement tools
• Artificial intelligence (AI) for call analysis and quality scoring
• Automated systems for lead distribution and matching
• Dashboard and reporting platforms

You acknowledge that your use of Services involves these technologies and that call data may be processed by third-party service providers operating under strict confidentiality agreements.

5. QUALITY GUARANTEE AND DISPUTE PROCESS

5.1 Qualification Blueprint

Before campaign launch, you and amklo will collaboratively create a Qualification Blueprint that defines:

• Geographic service area (specific zip codes or regions)
• Minimum project size or budget requirements
• Customer qualification criteria (homeowner vs. renter, timeframe, etc.)
• Exclusions (solicitations, wrong numbers, existing customers, etc.)

5.2 Ironclad Quality Guarantee

You only pay for leads/calls that meet your Qualification Blueprint criteria. If a lead or call does NOT meet the agreed-upon standards, you will not be charged.

5.3 Dispute Process

Step 1: Flag the Lead/Call

• Log into your amklo dashboard
• Flag the disputed lead/call within 48 hours of delivery
• Provide reason for dispute (must align with Qualification Blueprint)

Step 2: Review

• Our quality assurance team reviews the call recording or lead details
• Review completed within 24 hours (business days)

Step 3: Resolution

• If dispute is valid: Full credit applied to your account immediately
• If dispute is invalid: Charge stands, explanation provided
• You may appeal decisions by contacting legal@amklo.com

5.4 Dispute Limitations

• Disputes must be submitted within 48 hours of lead/call delivery
• Disputes submitted after 48 hours will not be accepted
• Disputes must reference specific Qualification Blueprint criteria
• Subjective complaints (e.g., “customer changed their mind”) are not valid disputes
• Excessive or fraudulent disputes may result in account termination

6. YOUR RESPONSIBILITIES

6.1 Information Accuracy

You agree to provide:

• Accurate business contact information
• Valid service area details
• Truthful capacity and capability information
• Current phone numbers and email addresses

6.2 Service Delivery

You agree to:

• Respond promptly to leads and calls we deliver
• Provide professional service to end customers
• Maintain proper licensing and insurance as required by law
• Honor all commitments made to customers
• Follow up on leads within reasonable timeframes

6.3 Prohibited Activities

You must NOT:

• Provide false or misleading information to amklo
• Resell, redistribute, or share leads with third parties
• Use our Services for any illegal purpose
• Attempt to circumvent our quality guarantee system
• Harass or abuse amklo staff or systems
• Reverse engineer or attempt to access our proprietary systems
• Submit fraudulent dispute claims

6.4 Compliance

You are solely responsible for:

• Compliance with all federal, state, and local laws
• Obtaining and maintaining all required licenses and permits
• Following industry-specific regulations
• TCPA compliance in your own customer communications
• Tax obligations related to your business

7. COMMUNICATION CONSENT (TCPA COMPLIANCE)

7.1 Express Consent

By using amklo’s Services, you provide express written consent to receive communications from us via:

• Phone calls (including automated, pre-recorded, or artificial voice calls)
• Text messages (SMS/MMS)
• Email
• Platform notifications

7.2 Call Recording, Monitoring, and AI Analysis

You expressly consent to:

• Recording of all phone calls between you and amklo
• Recording of calls between you and customers we connect you with
• Monitoring of calls for quality assurance and training purposes
• Storage and review of call recordings for dispute resolution
• Use of artificial intelligence (AI) and automated systems to analyze call quality, duration, content, and compliance with Qualification Blueprint criteria
• Processing of call data by third-party service providers for analytics and performance optimization

Call recordings and analysis data may be used to improve service quality, resolve disputes, and optimize lead matching algorithms.

7.3 Communication Purposes

We may contact you for:

• Delivery of leads and customer connections (Live Transfers)
• Account notifications and billing updates
• Quality assurance and feedback
• Service improvements and new offerings
• Important policy or Terms updates

7.4 Opt-Out Rights

You may opt out of:

• Marketing communications (by replying STOP to texts or emailing legal@amklo.com)
• Non-essential notifications via your dashboard settings

You CANNOT opt out of:

• Transactional communications (lead delivery, billing notifications)
• Legal notices and Terms updates
• Service-critical calls and messages

7.5 Wireless Carrier Charges

You are responsible for any charges from your wireless carrier for calls or texts received from amklo.

8. PRIVACY AND DATA PROTECTION

8.1 Data Collection

We collect and process:

• Business contact information (name, company, phone, email, address)
• Service preferences and campaign details
• Payment and billing information
• Call recordings and interaction data
• Lead/call performance analytics

8.2 Data Use

We use your information to:

• Deliver Services and process transactions
• Improve service quality and matching algorithms
• Provide customer support
• Comply with legal obligations
• Prevent fraud and abuse

8.3 Data Sharing

We may share your information with:

• Payment processors (Stripe)
• Third-party call tracking, routing, and analytics providers
• Technology platform and software service providers
• Legal authorities when required by law
• Service providers who assist with quality assurance and performance analysis

8.4 Privacy Policy

Our full Privacy Policy is available at amklo.com/privacy and is incorporated into these Terms by reference.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

All content, technology, trademarks, logos, software, algorithms, and materials related to amklo Services are the exclusive property of AMKLO LLC. This includes:

• The amklo name, logo, and branding
• Our websites and platform technology
• Call routing, tracking, and matching systems
• AI-powered quality analysis and scoring algorithms
• Proprietary data models and analytics systems
• Training materials and documentation
• All marketing and promotional materials

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our Platform for your business purposes
• Display amklo branding solely as required for service delivery
• Use leads/calls delivered to you in accordance with these Terms

9.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of our technology
• Reverse engineer or decompile our systems
• Use our trademarks without written permission
• Remove or alter any proprietary notices
• Use our intellectual property in any misleading manner

10. DISCLAIMERS AND WARRANTIES

10.1 Service Disclaimer

AMKLO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We explicitly disclaim all warranties including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that Services will be uninterrupted, error-free, or secure
• Warranties regarding lead/call quality beyond the Qualification Blueprint
• Any implied warranties arising from course of dealing or trade usage

10.2 No Guarantee of Results

We do NOT guarantee:

• Specific lead volumes or call quantities
• Conversion rates or business outcomes
• Customer quality beyond Qualification Blueprint criteria
• Revenue, profit, or return on investment
• Availability of leads in your specific market

10.3 Third-Party Services

We are not responsible for:

• Actions or omissions of end customers
• Third-party technology platforms or services
• Internet or phone service disruptions
• Force majeure events beyond our control

10.4 Your Acknowledgment

You acknowledge that:

• Business success depends on many factors outside our control
• Lead generation is inherently variable and market-dependent
• You bear all risk related to your business operations
• No amklo representative can guarantee specific outcomes

11. LIMITATION OF LIABILITY

11.1 Damages Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMKLO LLC SHALL NOT BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Cost of substitute services or lost goodwill
• Damages arising from your use or inability to use our Services
• Damages related to customer interactions or business outcomes
• Damages from data breaches, system failures, or force majeure events

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if amklo has been advised of the possibility of such damages.

11.2 Maximum Liability Cap

IN NO EVENT SHALL AMKLO’S TOTAL LIABILITY TO YOU EXCEED THE LESSER OF:

• The total amount you paid amklo in the 12 months prior to the claim, OR
• $500 USD

11.3 Essential Purpose

You acknowledge that these liability limitations are a fundamental basis of the bargain between you and amklo, and that we would not provide Services without these limitations.

11.4 State Law Variations

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless amklo LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your business operations or interactions with customers
• Any work you perform for end customers
• Your violation of any third-party rights
• Any disputes between you and customers we connect you with
• Fraudulent or misleading information you provide
• Your failure to maintain proper licensing or insurance

This indemnification obligation survives termination of these Terms.

13. DISPUTE RESOLUTION AND ARBITRATION

13.1 Informal Resolution First

Before filing any formal claim, you agree to contact us at legal@amklo.com to attempt informal resolution. We will work in good faith to resolve disputes amicably.

13.2 Mandatory Binding Arbitration

YOU AND AMKLO AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OR OUR SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, NOT IN COURT.

Arbitration Rules:

• Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration shall take place in Albuquerque, New Mexico or telephonically if both parties agree
• The arbitrator’s decision is final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

Exceptions to Arbitration:

• Small claims court actions (if claim qualifies)
• Injunctive relief to protect intellectual property
• Claims that cannot be arbitrated under applicable law

13.3 CLASS ACTION WAIVER

YOU AND AMKLO AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE ACTION.

ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

You may not:

• Act as a class representative or member in any class proceeding
• Consolidate claims with other parties’ claims
• Bring claims on behalf of others

The arbitrator may NOT consolidate multiple parties’ claims and may NOT preside over any class or representative proceeding.

13.4 Arbitration Costs

• Each party pays its own attorneys’ fees unless the arbitrator awards fees to the prevailing party
• If your claim is for less than $10,000, amklo will pay AAA filing fees
• For claims over $10,000, filing fees are split according to AAA rules

13.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@amklo.com within 30 days of first accepting these Terms. Your notice must include your name, business name, and a clear statement that you wish to opt out of arbitration.

13.6 Severability of Arbitration Provision

If any portion of this arbitration provision is found unenforceable, the remainder shall continue in effect. If the class action waiver is found unenforceable, the entire arbitration provision is void and disputes shall be resolved in court.

14. TERMINATION

14.1 Termination by You

You may terminate your use of Services at any time by:

• Contacting legal@amklo.com with written notice
• Requesting campaign pause via your dashboard
• Ceasing to fund your account

Upon termination:

• Active campaigns will be paused within 24 hours
• Unused prepaid balance may be refunded per Section 4.4 (subject to 5% processing fee)
• You remain liable for all charges incurred before termination

14.2 Termination by amklo

We may suspend or terminate your account immediately if:

• You violate these Terms
• You submit fraudulent dispute claims
• You engage in abusive behavior toward amklo staff
• You use Services for illegal purposes
• Your account shows patterns of bad faith
• You fail to maintain required licenses or insurance
• You engage in excessive chargebacks

Upon termination by amklo:

• All Services cease immediately
• Access to Platform and dashboard is revoked
• No refund of prepaid balance (except unused balance not subject to dispute)

14.3 Effect of Termination

Upon termination:

• Your license to use our Platform immediately ends
• Sections 9 (IP), 10 (Disclaimers), 11 (Liability), 12 (Indemnification), and 13 (Arbitration) survive
• You remain responsible for any outstanding payments

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with your Insertion Order and our Privacy Policy, constitute the entire agreement between you and amklo regarding the Services.

15.2 Modifications to Terms

We may update these Terms at any time by posting revised Terms at amklo.com/terms. We will provide notice of material changes via email or Platform notification. Continued use of Services after updates constitutes acceptance.

15.3 Governing Law

These Terms are governed by the laws of the State of New Mexico, without regard to conflict of law principles.

15.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

15.5 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

15.6 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor entity.

15.7 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, government actions, internet outages, etc.).

15.8 Independent Contractors

You and amklo are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

15.9 Notices

All legal notices must be sent to:

amklo LLC
2201 Menaul Boulevard Northeast, Albuquerque, NM 87107
Email: legal@amklo.com

15.10 Survival

Provisions that by their nature should survive termination (including IP rights, liability limitations, indemnification, and arbitration) shall survive.

16. CONTACT INFORMATION

AMKLO LLC

Mailing Address:
2201 Menaul Boulevard Northeast
Albuquerque, NM 87107
United States

Email:

• General Inquiries: info@amklo.com
• Legal Matters: legal@amklo.com
• Support: support@amklo.com

Website: amklo.com

For questions about these Terms or to exercise your rights, contact us using the information above.

LAST UPDATED: January 15, 2025

By using amklo Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.