Terms of Service

Last Updated: October 31, 2025

1. Acceptance of Terms

By accessing or using the services provided by Phenomenal Ascensions ("Company," "we," "us," or "our"), you ("Client," "you," or "user") agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you must discontinue use immediately.

2. Services Provided

The Company provides digital and marketing automation services, including but not limited to:

• CRM setup and management
• Website and funnel building
• SMS, email, and automation marketing
• Reputation and lead management
• Appointment scheduling and client communication tools
• Hosting, domain setup, SSL, and technical support
• Custom integrations and digital expansion consulting

3. Account Registration & Responsibility

You agree to provide accurate, complete, and updated account information. You are solely responsible for maintaining the confidentiality of your login credentials and all activity under your account. Account sharing, resale, or unauthorized use is strictly prohibited.

4. Billing & Payments

All service, management, or maintenance fees are outlined in your individual client agreement. Payments are due as specified. All payments are non-refundable except as expressly stated within the applicable service contract or where required by law (see Section 11: State Disclosures). Failure to make timely payments may result in account suspension, access restriction, or termination.

5. Use of Services

You agree not to use our platform or services for any unlawful, fraudulent, or abusive activity, including but not limited to:

• Spam, phishing, or deceptive marketing practices
• Transmission of illegal, hateful, or adult content
• Infringement of intellectual property rights
• Use of automation tools for unauthorized mass communication

Violation of these terms may result in immediate termination of your account and potential legal action.

6. SMS, Email & Electronic Communications Compliance

By providing your phone number or email, you expressly consent to receive SMS messages, calls, and emails from the Company in accordance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable FCC/FCC regulations.

You agree to the following:

• Message frequency may vary based on service engagement.
• Standard message and data rates may apply.
• You may opt-out of SMS communications at any time by replying “STOP.”
• You may unsubscribe from emails by using the “Unsubscribe” link in any communication.
• Consent to receive messages is not a condition of purchase.

7. Data & Privacy

We comply with all applicable federal and state data privacy laws, including the California Consumer Privacy Act (CCPA/CPRA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), and Virginia Consumer Data Protection Act (VCDPA).

Clients are responsible for obtaining proper consent from their customers and contacts before sending marketing or automated messages through our system. Our Privacy Policy, available at https://phenomenalascensions.com/privacy_policy, governs data collection, storage, and sharing practices.

8. Intellectual Property

All proprietary software, designs, trademarks, and service marks are the property of Phenomenal Ascensions or its licensors. You are granted a limited, non-transferable, non-exclusive license to use the platform for business purposes only. Copying, reverse-engineering, or reselling any part of the service is prohibited.

9. Termination & Suspension

The Company reserves the right to terminate or suspend your account, without refund, for:

• Violation of these Terms
• Non-payment or chargebacks
• Abuse, harassment, or fraudulent activity

You may cancel your account by providing written notice to [email protected].

10. Limitation of Liability

To the fullest extent permitted by law, Phenomenal Ascensions shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of data, revenue, or profits. Our liability shall not exceed the total fees paid by you in the thirty (30) days preceding the claim.

11. State Disclosures & Consumer Rights

• California Residents: You have rights under the CCPA/CPRA to request access, deletion, or restriction of your personal data.
• Colorado, Connecticut, Utah, and Virginia Residents: You have rights to access, correct, delete, or opt out of data sharing under your state’s privacy law.
• Refunds: Where applicable by state law, consumers may be eligible for refunds within three (3) business days of purchase for unfulfilled services.

To exercise your rights, please contact [email protected].

12. Governing Law

These Terms shall be governed by and construed under the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be handled in Maricopa County, Arizona, unless otherwise required by state law.

13. E-Sign Act & Electronic Consent

By using our website or services, you consent to conduct business electronically under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN). This includes consent forms, contracts, and notices sent electronically.

14. Changes to Terms

We may revise these Terms periodically. Updates will be posted with a new “Last Updated” date. Your continued use of the services after any modification constitutes acceptance of the revised Terms.

15. Contact Information

If you have any questions about these Terms of Service or your rights, please contact us at:

Phenomenal Ascensions
Email: [email protected]
Office Hours: Monday – Friday, 9:00 AM – 5:00 PM MST