Effective Date: April 6, 2026
Welcome to PROT DBA Protocol Media LLC ("Protocol Media," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of protocolmediallc.com (the "Website") and the marketing, automation, AI, and software-as-a-service (SaaS) products provided by Protocol Media (collectively, the "Services").
By accessing the Website or using our Services, you ("Client," "User," or "you") agree to be bound by these Terms. If you do not agree, you may not use our Services.
1. NATURE OF SERVICES
PROT DBA Protocol Media LLC is a business-to-business (B2B) digital marketing and automation agency. We provide software infrastructure, artificial intelligence (AI) automation, lead generation, and marketing consulting. Unless specifically outlined in a separate, mutually signed Master Services Agreement (MSA), PROT DBA Protocol Media LLC does not guarantee specific financial results, return on investment (ROI), or lead volumes.
2. CLIENT RESPONSIBILITIES & COMPLIANCE
2.1. TCPA and Communications Compliance: Our Services include SMS, email, and voice broadcasting tools. You are solely responsible for ensuring that all contacts uploaded to our systems have provided legally valid, express written consent to receive marketing communications, in strict compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all other applicable state and federal laws. PROT DBA Protocol Media LLC acts solely as a technology provider and processor. You agree to indemnify and hold us harmless from any fines, lawsuits, or claims arising from your failure to obtain proper consent. 2.2. Content Ownership: You represent and warrant that you own or have the right to use any logos, images, text, and customer lists you provide to PROT DBA Protocol Media LLC.
3. ARTIFICIAL INTELLIGENCE (AI) DISCLAIMER
Our Services may utilize AI, including generative text and voice agents. While we strive to train these systems accurately, AI is an emerging technology and is subject to errors, omissions, or "hallucinations." PROT DBA Protocol Media LLC is not liable for any miscommunications, incorrect pricing given to your customers, or lost revenue resulting from the use of AI agents. It is your responsibility to monitor and audit AI interactions.
4. THIRD-PARTY SOFTWARE & PLATFORMS
PROT DBA Protocol Media LLC utilizes third-party platforms (including but not limited to GoHighLevel, Twilio, Stripe, and OpenAI) to deliver our Services. We do not control these third parties and are not liable for any downtime, data loss, API changes, account suspensions, or service interruptions caused by third-party providers.
5. FEES, BILLING, AND REFUNDS
5.1. Payments: All fees for software access, setup, and retainer services will be billed automatically via our payment processor (e.g., Stripe) to the payment method on file. 5.2. No Refunds: Due to the digital nature of our software and the immediate labor required for setup, all payments are non-refundable unless explicitly stated in a separate, written "Conditional Guarantee" provided in your individual MSA. 5.3. Cancellation: Month-to-month software and service subscriptions may be canceled with 30 days' written notice prior to your next billing cycle.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROT DBA Protocol Media LLC, ITS PARENT COMPANY (HARYETI HOLDINGS LLC), MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES.
IN NO EVENT SHALL PROT DBA Protocol Media LLC AGGREGATE LIABILITY FOR ANY CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO PROT DBA Protocol Media LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless PROT DBA Protocol Media LLC and its parent company from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, your violation of any laws (including the TCPA), or your interactions with your own customers.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1. Governing Law: These Terms shall be governed by the laws of the State of South Carolina, without regard to its conflict of law principles. 8.2. Binding Arbitration: Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in South Carolina, rather than in court. 8.3. Class Action Waiver: You agree that any legal proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
9. MODIFICATIONS
PROT DBA Protocol Media LLC reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" above. Continued use of the Services constitutes acceptance of the modified Terms.
10. Program Description: This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with PROT DBA Protocol Media LLC through our website at www.protocolmediallc.com/, or via our scheduling forms, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.
11. Cancellation Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
12. Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.
13. Age Restriction: You must be 18 years or older to participate in our SMS program.
14. Privacy Policy: For privacy-related inquiries, please refer to our Privacy Policy at https://protocolmediallc.com/privacy-policy
15. Carrier Liability: Carriers are not liable for delayed or undelivered messages.
16. CONTACT INFORMATION
For questions regarding these Terms, please contact us at: PROT DBA Protocol Media LLC Email: [email protected]