These Terms of Service ("Terms") govern your access to and use of measurehigher.com (the "Site") and any services, programs, AI systems, automation builds, CRM configurations, voice AI implementations, consulting, marketing systems, workflow development, or related offerings (collectively, the "Services") provided by Measure Higher LLC, a Mississippi limited liability company located in Columbia, Mississippi ("we," "us," "our").
By accessing or using the Site or Services, you agree to be legally bound by these Terms. If you do not agree, do not use the Site or Services.
01Modifications to Terms
We may update these Terms at any time. Updated Terms will be posted with a revised Effective Date. Continued use after updates constitutes acceptance.
02Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use the Site or Services.
03Scope of Services
Services may include but are not limited to:
- AI automation setup
- CRM configuration
- Voice AI implementation
- Marketing and lead systems
- Workflow automation
- Business consulting
- Ongoing technical support
We provide services and system configurations. We do not provide legal, financial, tax, compliance, or regulatory advice. You remain responsible for ensuring your business complies with applicable laws.
04Service Agreements Control
If you enter into a separate written agreement, proposal, invoice, statement of work, or contract with Measure Higher LLC, that agreement governs in the event of any conflict with these Terms. Client-specific agreements supersede these Terms where applicable.
05Payments, Cancellations & Refunds
All service purchases are subject to acceptance and pricing as stated in a written agreement, proposal, or invoice. Unless expressly stated otherwise in writing:
- Custom builds, automation systems, retainers, and consulting services are non-refundable once work has begun.
- Ongoing service arrangements require written cancellation notice as outlined in your service agreement.
- Failure to pay may result in suspension or termination of Services.
We reserve the right to refuse or cancel service engagements as permitted by law.
06Intellectual Property
All Site content, branding, automation frameworks, AI structures, templates, documentation, workflows, systems, code, and proprietary materials are owned by or licensed to Measure Higher LLC and protected under U.S. intellectual property laws.
You may not copy, reproduce, reverse engineer, modify, resell, redistribute, license, or exploit any materials without prior written consent.
DMCA notice
If you believe content on the Site infringes your copyright, send written notice including:
- Identification of the copyrighted work
- Identification of the allegedly infringing material
- Your contact information
- A statement of good faith belief
- A statement under penalty of perjury of accuracy
Send notices to: [email protected]
07Confidentiality
During the course of Services, you may share confidential or proprietary information, including business processes, customer data, financial data, login credentials, and internal systems.
We agree to use reasonable measures to protect confidential information and not disclose it except:
- As necessary to perform Services
- To contractors under confidentiality obligations
- As required by law
You agree to protect any proprietary materials or systems we provide.
08Client Data Responsibility
You acknowledge and agree:
- You are solely responsible for the legality, ownership, and accuracy of all data provided to us.
- You are responsible for compliance with applicable laws including but not limited to TCPA, CAN-SPAM, privacy laws, and marketing regulations.
- You are responsible for reviewing and approving messaging, automations, and AI outputs prior to deployment.
- You are responsible for ongoing monitoring of automated systems.
Measure Higher LLC is not responsible for regulatory penalties, data misuse, unlawful marketing, or improper use of automation tools by you or your business.
09User Conduct
You agree not to:
- Violate laws or regulations
- Infringe intellectual property rights
- Attempt unauthorized access
- Disrupt Site or system security
- Use Services for unlawful marketing or deceptive practices
10SMS Messaging Program
Program description
If you opt into SMS communications, you may receive messages regarding service inquiries, project updates, appointment reminders, and promotional information.
Consent
By providing your mobile number and opting in, you confirm you are the authorized user and consent to receive automated and manual text messages. Consent is not a condition of purchase.
Message frequency & rates
Message frequency varies. Message and data rates may apply.
Opt-out
Reply STOP to unsubscribe. You will receive one final confirmation message.
Help
Reply HELP or contact (769) 204-5436 or [email protected].
Carrier disclaimer
Mobile carriers are not liable for delayed or undelivered messages. Participation is governed by our Privacy Policy.
11No Guarantee of Results
We do not guarantee:
- Revenue growth
- Lead volume
- Conversion rates
- AI accuracy
- Automation uptime
- Regulatory compliance
Results depend on implementation, market conditions, and user oversight.
12Disclaimer of Warranties
To the fullest extent permitted by law, the Site and Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or accuracy or reliability. We do not warrant uninterrupted or error-free performance.
13Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, regulatory fines, reputational harm, or business interruption. Our total aggregate liability shall not exceed the greater of (a) the amount paid by you in the three (3) months preceding the claim, or (b) $100. These limitations apply regardless of legal theory.
14Indemnification
You agree to indemnify and hold harmless Measure Higher LLC, its members, officers, contractors, and affiliates from claims arising from:
- Your use of Services
- Your violation of law
- Your misuse of AI or automation systems
- Your breach of these Terms
15Independent Contractor Relationship
Nothing in these Terms creates a partnership, employment, joint venture, or agency relationship.
16Force Majeure
We are not liable for delays or failures caused by events beyond reasonable control, including natural disasters, cyberattacks, government actions, internet outages, or third-party failures.
17Governing Law & Arbitration
These Terms are governed by the laws of the State of Mississippi. Any dispute not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). Arbitration shall occur in Columbia, Mississippi, or remotely. Proceedings shall be confidential. Each party bears its own attorneys' fees unless required by law.
Class, collective, and representative actions are waived. Either party may seek temporary injunctive relief in Mississippi courts for intellectual property or confidentiality violations.
18Anti-Spam Compliance
We comply with CAN-SPAM and applicable messaging laws. All promotional emails include unsubscribe functionality.
19Severability & Entire Agreement
If any provision is unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy and any written service agreements, constitute the entire agreement between you and Measure Higher LLC.
20Contact Information
- Measure Higher LLC — Attn: Nicole Davis
- 82 West Lakeview Drive, Columbia, MS 39429
- Phone: +1 (769) 204-5436
- Email: [email protected]