Terms of Service

Please read these Terms carefully. They contain a binding arbitration agreement, class-action waiver, warranty disclaimers, and limitations of liability.

1. Agreement and scope

These Terms of Service form a binding agreement between Ballestra Group, LLC, doing business as BoB HQ™ (“BoB HQ™,” “we,” “us,” or “our”), and the person or entity that creates an account, purchases a subscription, or uses the Services (“Customer,” “you,” or “your”).

The “Services” include the BoB HQ™ website, hosted application, campaign tools, dashboards, client-retention workflows, data synchronization, integrations, support materials, and related features that BoB HQ™ makes available.

By creating an account, clicking an acceptance box, purchasing or renewing a subscription, or using the Services, you accept these Terms, the Privacy Policy, and the Acceptable Use Policy. If you use the Services for an agency, employer, or other organization, you represent that you have authority to bind that organization. In that case, “Customer” includes the organization.

If you do not agree to these Terms, do not create an account or use the Services.

2. Eligibility and business use

You must be at least 18 years old and legally capable of entering a contract. The Services are intended for business and professional use, not personal or household use.

Insurance producers, agencies, contractors, and other regulated professionals must maintain every license, appointment, certification, training, authorization, and permission required for their activities. BoB HQ™ does not verify or guarantee your authority to contact a person, market a product, or conduct insurance business.

3. Accounts and security

You must provide accurate account information, keep it current, and protect account credentials, connected-app credentials, access tokens, and devices. You may not share individual credentials except through an authorized multi-user feature.

You are responsible for activity performed through your account, including activity by employees, producers, contractors, and other authorized users. Notify BoB HQ™ promptly through the support channel shown in the application if you suspect unauthorized access or a security incident.

BoB HQ™ may require identity, organization, payment, domain, or authorization verification and may refuse, restrict, or suspend access when reasonably necessary to protect the Services, users, recipients, or third parties.

4. The Services

BoB HQ™ provides software for organizing and warming a book of business, identifying clients who may be eligible for selected retention touches, managing campaign timing, connecting supported systems, and reviewing campaign activity. BoB HQ™ is not the Customer’s CRM of record unless expressly stated in a separate written agreement.

Features, campaign templates, integrations, limits, and availability may change. BoB HQ™ may add, modify, suspend, or discontinue a feature when reasonably necessary for security, compliance, vendor changes, product improvement, or business operations.

BoB HQ™ does not promise that every communication will be delivered, played, heard, transcribed, recorded, synchronized, or attributed correctly. Carrier filtering, disconnected numbers, voicemail configuration, vendor outages, recipient devices, inaccurate data, and other conditions outside BoB HQ™’s control can affect results.

Any suggested timing, audience, workflow, script, template, status, or campaign classification is a software aid. Customer must independently review and approve the audience, content, timing, and legal basis before initiating a campaign.

5. Customer data and instructions

“Customer Data” means information, content, recordings, contact records, campaign instructions, suppression records, files, and other materials submitted to or processed through the Services by or for Customer.

As between the parties, Customer retains its rights in Customer Data. Customer grants BoB HQ™ a nonexclusive, worldwide, limited license to host, copy, transmit, format, analyze, display, and otherwise process Customer Data only as necessary to provide, secure, support, and improve the Services; comply with Customer instructions; enforce these Terms; and meet legal obligations.

Customer determines which records are uploaded or synchronized, which recipients are selected, which messages are used, and when campaigns are launched. Customer is responsible for the lawfulness, accuracy, and quality of Customer Data and Customer instructions.

Customer represents and warrants that it has provided all required notices and has every right, authorization, consent, and lawful basis necessary for BoB HQ™ and its service providers to process Customer Data as instructed.

Customer must maintain accurate suppression, do-not-call, revocation, deceased-client, wrong-number, and other exclusion records and must remove or correct ineligible records promptly.

6. Restricted and sensitive data

Unless BoB HQ™ expressly authorizes a specific field or workflow in writing, Customer must not upload, store, record, or transmit through the Services:

• Social Security numbers;
• Medicare Beneficiary Identifiers;
• Full financial-account or payment-card numbers;
• Account passwords or authentication credentials;
• Biometric identifiers;
• Medical records, diagnoses, treatment information, or detailed claims information;
• Government identity documents; or
• Other information requiring heightened legal or security protections.

Basic business-contact and relationship information—such as a client’s name, telephone number, email address, birth month or birth date, assigned producer, policy category, status, and communication history—may be used only when Customer has a lawful basis and follows applicable notice, consent, security, retention, and deletion requirements.

The Services are not represented as HIPAA-compliant and are not intended to create a business-associate relationship under HIPAA unless BoB HQ™ signs a separate Business Associate Agreement that expressly covers the relevant Services and data.

7. Communications and legal compliance

Customer is solely responsible for determining whether a communication is informational, transactional, marketing, telemarketing, insurance marketing, or otherwise regulated and for complying with every law, regulation, order, industry rule, carrier requirement, contractual obligation, and professional standard that applies.

Customer is responsible for compliance with the Telephone Consumer Protection Act, Federal Communications Commission rules and orders, the Telemarketing Sales Rule, federal and state do-not-call requirements, state telemarketing laws, caller-identification rules, call-time restrictions, recording laws, privacy laws, insurance laws, CMS Medicare communications and marketing requirements, carrier rules, and consent or permission-to-contact requirements.

Ringless voicemail and direct-to-voicemail technology may be treated as a call using an artificial or prerecorded voice. Customer must obtain and document the level of prior consent required for the specific recipient, telephone number, message, purpose, and technology before launching a campaign.

An existing business relationship, possession of a telephone number, or inclusion in a CRM does not by itself establish sufficient consent for every campaign.

Customer must scrub applicable do-not-call and suppression lists, honor revocations and opt-outs promptly, use accurate caller and business identification, provide required disclosures, and retain consent and campaign records for the legally required period.

Customer may not use purchased, scraped, rented, appended, shared, or third-party lead lists unless Customer has independently verified a lawful basis and campaign-specific consent that extends to Customer, the message, the technology, and the service providers used.

Customer must not rely on BoB HQ™ campaign labels, default settings, templates, automated scheduling, help content, chatbot output, or vendor capabilities as a determination that a campaign is lawful. Customer must consult qualified legal or compliance professionals when needed.

BoB HQ™ may require evidence of consent, suppression procedures, licensing, identity, or compliance and may delay, block, suspend, or terminate a campaign or account if BoB HQ™ reasonably believes the activity may be unlawful, deceptive, abusive, harmful, or inconsistent with these Terms.

8. Recordings and campaign content

Customer owns or controls the scripts, recordings, names, trademarks, voices, and other campaign content it submits. Customer grants BoB HQ™ and its providers the limited rights necessary to store, reproduce, transmit, and deliver that content as instructed.

Customer represents that campaign content is accurate, not misleading, properly approved, and does not infringe copyrights, trademarks, publicity rights, privacy rights, voice rights, or other rights.

Customer may not impersonate another person or use a cloned, synthetic, or altered voice without every required permission and disclosure.

Customer must review recordings and scripts before activation. BoB HQ™ is not responsible for pronunciation, stale disclosures, omitted carrier language, outdated benefit information, or other content errors supplied or approved by Customer.

9. Integrations and third-party services

The Services may connect with third-party products such as CRM platforms, payment processors, communications providers, hosting providers, analytics services, and support tools. Third-party services are governed by their own terms, privacy policies, pricing, availability, and security practices.

Customer authorizes BoB HQ™ to exchange Customer Data with each third-party service that Customer connects or directs BoB HQ™ to use. Customer is responsible for maintaining the third-party account, permissions, credits, licenses, and lawful configuration required for the integration.

BoB HQ™ does not control and is not responsible for third-party services, their acts or omissions, data loss, pricing, account suspension, service changes, delivery decisions, or outages. Integration availability is not guaranteed.

Customer must disconnect integrations and revoke access when no longer needed. Disconnecting an integration may not delete information previously imported into BoB HQ™ or information retained by the third party under its own policies.

10. Subscriptions, billing, and taxes

Paid subscriptions renew automatically for successive billing periods shown at checkout until canceled. Customer authorizes BoB HQ™ and its payment processor to charge the payment method on file for recurring fees, usage charges, add-ons, applicable taxes, and other amounts disclosed before purchase.

Plan features and usage limits are described on the pricing or checkout page and may be updated. If Customer exceeds a plan limit, BoB HQ™ may require an upgrade, charge disclosed overage fees, restrict additional activity, or pause the affected feature.

Customer may cancel through the account controls or support channel made available by BoB HQ™. Cancellation stops future renewals and takes effect at the end of the then-current paid billing period unless the checkout terms state otherwise.

Fees are nonrefundable and noncreditable except when required by law or expressly stated in a written promotion, order form, or refund policy. Customer is responsible for canceling before renewal.

Promotional, tester, trial, discount, or grandfathered arrangements are governed by the written offer that created them.

BoB HQ™ may change prices or plan structures on advance notice. Price changes apply no earlier than the next renewal after the stated effective date unless Customer affirmatively agrees to an earlier change.

Customer is responsible for taxes, duties, and governmental assessments associated with the purchase, excluding taxes based on BoB HQ™’s net income. Past-due accounts may be restricted or suspended.

11. Acceptable use

Customer must comply with the BoB HQ™ Acceptable Use Policy, which is incorporated into these Terms.

Customer may not use the Services for unlawful, fraudulent, deceptive, abusive, infringing, discriminatory, harassing, or harmful activity; to send spam; to evade opt-outs; to compromise systems; or to interfere with the Services or another user.

BoB HQ™ may investigate suspected violations and preserve or disclose information when reasonably necessary to protect rights, safety, systems, recipients, or the public; comply with law; or enforce these Terms.

12. Intellectual property

BoB HQ™ and its licensors own the Services, software, workflows, visual design, documentation, templates supplied by BoB HQ™, trademarks, and related intellectual property, excluding Customer Data.

Subject to these Terms and payment of applicable fees, BoB HQ™ grants Customer a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to access and use the Services during the subscription term for Customer’s internal business purposes.

Customer may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, scrape, frame, mirror, benchmark for a competing product, or attempt to discover source code or nonpublic components except to the limited extent a restriction is prohibited by law.

If Customer provides feedback or suggestions, Customer grants BoB HQ™ a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation, provided BoB HQ™ does not publicly identify Customer as the source without permission.

13. Confidentiality

Each party may receive nonpublic information that the other party identifies as confidential or that reasonably should be understood as confidential given its nature and the circumstances of disclosure. Confidential information includes nonpublic business plans, pricing, security information, product designs, technical information, and Customer Data.

The receiving party will use confidential information only to perform or exercise its rights under these Terms and will protect it using reasonable care. The receiving party may disclose confidential information only to personnel, contractors, advisers, and service providers who need to know it and are subject to appropriate confidentiality obligations.

Confidential information does not include information that the receiving party can demonstrate was lawfully known without a duty of confidentiality, becomes public through no breach of these Terms, is received lawfully from another source, or is independently developed without using the disclosing party’s confidential information.

A party may disclose confidential information when required by law, subpoena, or court order. When legally permitted, that party will provide reasonable advance notice and assistance so the other party may seek confidential treatment or a protective order.

14. Security and service data

BoB HQ™ will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure. No internet, telecommunications, or storage system is completely secure, and BoB HQ cannot guarantee absolute security.

Customer is responsible for configuring the Services appropriately, limiting user access, securing its devices and connected accounts, maintaining backups when appropriate, and notifying BoB HQ™ promptly of suspected unauthorized access.

BoB HQ™ may collect and use service, diagnostic, operational, usage, performance, and security data to provide, maintain, protect, support, and improve the Services; prevent fraud and abuse; develop features; and meet legal obligations.

BoB HQ™ may create and use aggregated or de-identified information that does not reasonably identify Customer, an authorized user, or an individual. BoB HQ™ will not attempt to re-identify information that has been properly de-identified except when necessary to test the effectiveness of de-identification safeguards or as permitted by law.

Additional information about BoB HQ™’s data practices appears in the Privacy Policy.

15. Beta and preview features

BoB HQ™ may offer beta, pilot, experimental, early-access, or preview features. These features may be incomplete, change without notice, contain errors, operate under reduced support commitments, or be discontinued at any time.

Preview features are provided for evaluation and feedback and should not be used for critical, regulated, or production activity unless BoB HQ™ expressly authorizes that use in writing.

To the extent permitted by law, preview features are provided “as is” and without warranties, service commitments, or guarantees of future availability.

16. Suspension and termination

Customer may stop using the Services at any time and may cancel a paid subscription as described in Section 10. Deleting an account or ceasing use does not eliminate amounts already owed or obligations that arose before termination.

BoB HQ™ may restrict, suspend, or terminate access immediately when reasonably necessary to:

• Address a security threat or suspected unauthorized access;
• Prevent unlawful, deceptive, abusive, or harmful activity;
• Respond to a legal, regulatory, carrier, or vendor requirement;
• Protect recipients, users, third parties, or the Services;
• Address overdue charges or payment disputes; or
• Respond to a material or repeated violation of these Terms.

When reasonably practical, BoB HQ™ will provide notice and an opportunity to cure before terminating an account for breach. No cure period is required when delay could expose BoB HQ™, a recipient, a service provider, or another person to legal, security, financial, or operational harm.

Following termination, Customer’s right to use the Services ends. Subject to legal, security, backup, and operational requirements, BoB HQ may delete Customer Data after the retention period described in the Privacy Policy or other applicable documentation. Customer should export information it needs before termination whenever export tools are available.

Provisions that by their nature should survive termination will survive, including provisions concerning payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, disputes, and general terms.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INTEGRATIONS, CONTENT, TEMPLATES, RECOMMENDATIONS, PREVIEW FEATURES, AND SUPPORT MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BOB HQ™ DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

BOB HQ™ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT A PARTICULAR TIME; THAT DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS; THAT A MESSAGE WILL BE DELIVERED OR PRODUCE A PARTICULAR RESULT; OR THAT USE OF THE SERVICES WILL SATISFY CUSTOMER’S LEGAL, REGULATORY, LICENSING, INSURANCE, CARRIER, SALES, MARKETING, OR RECORDKEEPING OBLIGATIONS.

BoB HQ™ does not provide legal, tax, accounting, insurance, compliance, or professional advice. Templates, suggested workflows, campaign classifications, help content, and automated outputs are general software features and are not a substitute for review by qualified professionals.

Customer remains responsible for every campaign decision, recipient, message, disclosure, consent determination, and business outcome.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BOB HQ™ NOR ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BOB HQ™ AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS CUSTOMER PAID TO BOB HQ™ FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS.

The limitations in this section apply regardless of the form of action or theory of liability, including contract, tort, negligence, strict liability, statute, or otherwise, and apply collectively to all claims arising from the same or related events.

These limitations do not exclude liability that cannot lawfully be excluded or limited. Some jurisdictions do not permit certain limitations, so portions of this section may not apply to Customer.

The parties agree that the disclaimers and liability limitations in these Terms are an essential basis of the bargain and will apply even if a limited remedy fails of its essential purpose.

19. Indemnification

To the extent permitted by law, Customer will defend, indemnify, and hold harmless BoB HQ™, Ballestra Group, LLC, and their affiliates, owners, officers, employees, contractors, licensors, and service providers from claims, demands, proceedings, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

• Customer Data or Customer’s instructions;
• Customer’s campaigns, recordings, scripts, or communications;
• Customer’s violation of communications, telemarketing, privacy, insurance, licensing, recording, or consumer-protection laws;
• Customer’s failure to obtain or document legally sufficient consent;
• Customer’s products, services, advice, or representations;
• Customer’s violation of these Terms or the Acceptable Use Policy; or
• Customer’s infringement or violation of another person’s rights.

BoB HQ™ will provide reasonable notice of an indemnified claim and may participate in the defense with counsel of its choice. Customer may not settle a claim in a manner that admits fault by, imposes an obligation on, or restricts BoB HQ™ without BoB HQ™’s prior written consent.

20. Dispute resolution, arbitration, and class-action waiver

Before filing a formal claim, each party agrees to provide the other with written notice describing the dispute and requested relief and to attempt in good faith to resolve the dispute informally for at least 30 days.

EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS, REQUESTS FOR INJUNCTIVE RELIEF CONCERNING INTELLECTUAL PROPERTY OR UNAUTHORIZED ACCESS, AND CLAIMS THAT CANNOT LAWFULLY BE ARBITRATED, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

The Federal Arbitration Act governs this arbitration provision. The arbitration will be administered by the American Arbitration Association under its applicable Commercial Arbitration Rules, as modified by these Terms. Unless the parties agree otherwise, the arbitration may be conducted remotely or in Clark County, Nevada.

The arbitrator may award the same individual remedies that would be available in court but may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim. Judgment on the award may be entered in any court with jurisdiction.

EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION.

If a court determines that a particular claim or request for public injunctive relief cannot lawfully be resolved through individual arbitration, that claim or request will be decided by a court after all arbitrable claims have been resolved, unless applicable law requires otherwise.

Customer may opt out of this arbitration agreement by sending written notice to legal@getbobhq.app within 30 days after first accepting these Terms. The notice must identify Customer, the applicable account email, and Customer’s decision to opt out of arbitration. Opting out of arbitration does not affect the remaining provisions of these Terms.

21. Governing law and venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, except to the extent federal law applies.

Any permitted court proceeding must be brought exclusively in the state or federal courts located in Clark County, Nevada. Each party consents to the personal jurisdiction and venue of those courts.

22. Changes to these Terms

BoB HQ™ may update these Terms to reflect changes in the Services, business practices, legal requirements, security needs, or other operational considerations.

When changes are material, BoB HQ™ will provide reasonable notice through the Services, by email, or by another appropriate method before the updated Terms take effect. The effective date at the top of this page will identify the current version.

If Customer continues using the Services after updated Terms become effective, Customer accepts the updated Terms. If Customer does not agree to a material change, Customer must stop using the Services and cancel its subscription before the change takes effect.

Changes to the arbitration provision will apply prospectively only, unless applicable law permits otherwise and the notice expressly states a different treatment.

23. General provisions

These Terms, the Privacy Policy, the Acceptable Use Policy, applicable checkout terms, and any written order form or addendum accepted by both parties form the entire agreement concerning the Services and replace prior or contemporaneous discussions and representations concerning the same subject.

If an order form or signed addendum conflicts with these Terms, the order form or addendum controls only for the specific subject and Services it addresses.

Customer may not assign or transfer these Terms without BoB HQ™’s prior written consent. BoB HQ™ may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or transfer of the Services or related business.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, labor disputes, governmental actions, utility or internet failures, carrier interruptions, vendor outages, or widespread cybersecurity incidents. This provision does not excuse Customer’s payment obligations for Services already provided.

A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific circumstance identified. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.

Headings are for convenience only. The words “including” and “includes” mean “including without limitation.” Electronic notices, acceptances, records, and signatures may be used to the extent permitted by law.

These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, brokerage, or agency relationship between Customer and BoB HQ™. Neither party may bind the other unless expressly authorized in writing.

24. Contact

Questions, legal notices, and requests concerning these Terms may be sent to:

Ballestra Group, LLC, doing business as BoB HQ™
Email: legal@getbobhq.app
Website: https://getbobhq.com

Account and technical-support requests should be submitted through the support channel provided on the BoB HQ™ website or within the Services, or emailed to support@getbobhq.app.