Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Earshot, owned by WonderWorks Group, LLC of Wyoming ("Earshot," "we," "us," or "our"), governing your access to and use of our website, platform, and SMS services (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not use the Services.

• "Company" or "Organization" means the business entity that registers for and administers an Earshot account.
• "Company Admin" means an authorized representative of the Company who manages the account, workers, and settings.
• "Worker" or "Contractor" means an individual enrolled by the Company to submit leads via SMS.
• "Lead" means business intelligence, referral, or opportunity information submitted through the Services.
• "Payout" means any compensation, bonus, or reward issued to a Worker for a qualified lead.
• "Content" means all text, messages, data, and other materials submitted through the Services.

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services.

To create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that contain false information, impersonate others, or violate these Terms.

Earshot provides an SMS-based platform that enables Companies to:

• Enroll Workers and Contractors to submit business leads via text message.
• Automatically parse, score, and route leads using artificial intelligence.
• Track lead status, manage payouts, and generate leaderboards and reports.
• Integrate with third-party CRM platforms such as Bullhorn, HubSpot, and Salesforce.
• Send automated SMS and email communications to Workers and administrators.

We may modify, enhance, or discontinue features of the Services at any time. We will endeavor to provide reasonable notice of material changes.

As a Company Admin, you are responsible for:

• Obtaining all necessary consents and authorizations before enrolling Workers in the program.
• Ensuring Workers understand how the program works and how their information will be used.
• Complying with all applicable laws, including employment, tax, and privacy regulations.
• Accurately configuring payout rules, lead routing, and integration settings.
• Maintaining the accuracy and completeness of Worker contact information.
• Promptly removing Workers who leave the Company or request to be removed.

Workers using the Services agree to:

• Submit leads truthfully and to the best of their knowledge.
• Not submit false, misleading, fraudulent, or spam leads.
• Respect the confidentiality of any proprietary information they learn in the course of their work.
• Comply with their employer's policies and any applicable legal obligations.
• Use the Services only for the purpose of submitting genuine business opportunities.

Workers are not employees of Earshot. Any compensation relationship exists solely between the Worker and the Company.

You may not use the Services to:

• Violate any applicable law, regulation, or ordinance.
• Infringe upon the intellectual property or privacy rights of any person or entity.
• Transmit viruses, malware, or other harmful code.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to the Services or related systems.
• Harvest, scrape, or collect information about others without their consent.
• Send unsolicited or unauthorized advertising, promotional materials, or spam.
• Submit false, defamatory, harassing, abusive, or hateful content.

We reserve the right to investigate and take appropriate action, including suspension, termination, or referral to law enforcement, in response to any prohibited conduct.

By enrolling in Earshot, Workers consent to receive SMS messages from us at the mobile number they provide. Message frequency varies based on activity. Message and data rates may apply.

Workers can opt out of SMS communications at any time by replying "STOP" to any message or by contacting their Company Admin. For help, reply "HELP" or contact [email protected].

Carriers are not liable for delayed or undelivered messages. We do not guarantee delivery of every SMS due to factors outside our control.

Earshot offers subscription plans as described on our website. Fees are billed in advance on a monthly or annual basis, depending on the plan selected.

All fees are non-refundable except where required by law or as expressly stated in these Terms. We reserve the right to change our fees upon reasonable notice. Price changes take effect at the start of the next billing cycle.

You authorize us to charge your designated payment method for all fees due. You must maintain a valid payment method on file. Failure to pay may result in suspension of the Services.

Earshot facilitates the tracking and administration of Worker payouts, but the obligation to fund and issue payouts rests solely with the Company. Earshot is not a party to any compensation agreement between a Company and its Workers.

Payout rules, amounts, and qualification criteria are configured and controlled by the Company Admin. Earshot does not guarantee any minimum or specific payout to Workers.

When automated payout features are used, Earshot acts solely as a technology intermediary. The Company remains responsible for tax reporting, withholding, and compliance with all applicable labor and employment laws.

All content, software, designs, trademarks, and other materials comprising the Services are owned by Earshot or our licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

You retain ownership of any Content you submit. By submitting Content, you grant Earshot a worldwide, royalty-free license to use, store, process, and display that Content solely for the purpose of providing the Services.

You may have access to confidential information of other users or Earshot in the course of using the Services. You agree not to disclose such information to any third party without authorization, except as required by law.

"Confidential Information" includes non-public business data, lead details, Worker lists, payout information, and any proprietary technology or processes.

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

By using the Services, you consent to our collection, use, and sharing of information as described in the Privacy Policy.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EARSHOT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy or reliability of any information obtained through the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, EARSHOT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL EARSHOT'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO EARSHOT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Earshot and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services.
• Your violation of these Terms or any applicable law.
• Your infringement of any intellectual property or other rights of any third party.
• Any dispute between you and your Workers or any third party arising from your use of the Services.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved informally within 60 days, either party may pursue relief in the state or federal courts located in King County, Washington.

You consent to the exclusive jurisdiction of such courts and waive any objection to venue in those courts.

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will immediately cease.

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including for violations of these Terms or conduct that we determine to be harmful to Earshot or other users.

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including provisions relating to intellectual property, confidentiality, indemnification, and limitation of liability.

We may revise these Terms from time to time. The most current version will always be posted on this page with the "Last updated" date. Material changes will be communicated via email or through the platform at least 30 days before taking effect.

Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

If you have questions, concerns, or feedback about these Terms, please contact us: