Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Torqe platform ("Service"), operated by Ohio Content LLC ("Torqe," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Service Overview

Torqe is a marketing automation platform that integrates with third-party field service management software to generate and deliver marketing communications on behalf of subscribing businesses. Communications are generated using artificial intelligence and delivered via email and SMS. The Service operates on an automated basis once configured.

2. Eligibility

You must be at least 18 years old and have the legal authority to bind the business entity on whose behalf you are using the Service. By using the Service, you represent that you meet these requirements.

3. Account Registration

Access to the Service requires authentication through a supported third-party platform. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or use.

4. Subscription and Billing

The Service is offered on a monthly subscription basis. Current pricing and plan details are available on our Pricing page. Subscription fees are billed monthly in advance through our payment processor. Both plans include a 30-day free trial. A valid payment method is not required to begin the trial. If you do not cancel before the trial ends, you will be prompted to add a payment method at your selected plan's rate.

Subscription fees are non-refundable. If a payment fails, you will have a grace period to update your payment method before your account is paused.

5. Cancellation

You may cancel your subscription at any time through the Torqe dashboard. Upon cancellation, all automated activity will cease immediately. Your data will be retained for 90 days to allow for reactivation, after which it will be permanently deleted. Suppression records (opt-out requests) are retained indefinitely to ensure compliance.

6. Acceptable Use

You agree that you will not use the Service to:

• Send communications to individuals who have not had a prior business relationship with your company
• Send deceptive, misleading, or fraudulent content
• Violate any applicable law, regulation, or third-party rights
• Circumvent opt-out mechanisms or suppression lists
• Interfere with the operation, security, or integrity of the Service

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these terms.

7. Your Responsibilities

You represent and warrant that:

• You are the owner or authorized operator of the business account you connect to the Service
• You have the legal right to send marketing communications to the contacts accessible through your account
• Your use of the Service complies with all applicable laws, including the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA)
• The business information you provide is accurate and current

8. Communications

The Service sends marketing emails and text messages to your customers on your behalf, using your business name and identity. You acknowledge that these communications are generated by artificial intelligence and sent automatically. While we strive to generate appropriate and professional content, you are ultimately responsible for the marketing communications sent to your customers.

All emails include a compliant unsubscribe mechanism. All text messages include opt-out instructions and are sent only during permitted hours in the recipient's local time zone. Opt-out requests are honored immediately.

9. Data Ownership

You retain ownership of all data you provide or make accessible through the Service. By using the Service, you grant us a limited, non-exclusive license to access, process, and use your data solely for the purpose of operating the Service on your behalf. We do not sell, rent, or share your data with third parties for their own marketing purposes. For more information, see our Privacy Policy.

10. Intellectual Property

The Service, including its software, design, branding, and documentation, is owned by Ohio Content LLC. Content generated by the Service for your use may be freely used by your business. You may not resell, redistribute, or white-label the Service or its output.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TORQE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF CUSTOMERS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO TORQE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

We do not guarantee any specific results, including response rates or revenue outcomes.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Indemnification

You agree to indemnify and hold harmless Ohio Content LLC, its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your breach of these Terms, your violation of any law, or any claim by a third party related to communications sent through the Service on your behalf.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Ohio. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association, conducted in Columbus, Ohio.

15. Modifications

We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ohio Content LLC regarding your use of the Service.

18. Contact

Ohio Content LLC d/b/a Torqe
6545 Market Avenue N., STE 100
North Canton, OH 44721
Email: legal@torqe.ai
Website: torqe.ai