ACCEPTANCE OF TERMS

By accessing or using Be Socially Smashing LLC services, you agree to be bound by these Terms of Service and our Privacy Policy.

DESCRIPTION OF SERVICES

Be Socially Smashing LLC provides collaborative AI search and business consulting services, including but not limited to:

COLLABORATIVE CONSULTING NATURE

Our services are provided on a collaborative consulting basis only. You acknowledge that:

NO GUARANTEES

Be Socially Smashing LLC makes NO GUARANTEES regarding:

USER RESPONSIBILITIES

You agree to:

SMS AND TEXT MESSAGING CONSENT (TCPA COMPLIANCE)

By providing your mobile phone number to Be Socially Smashing LLC, you expressly consent to receive text messages (SMS and MMS) from us using an automatic telephone dialing system or artificial or prerecorded voice messages.

Types of Messages You May Receive:

Message Frequency: Message frequency varies depending on your engagement with our services. You may receive up to 10 messages per month during active consulting engagements.

Message and Data Rates: Standard message and data rates may apply based on your mobile carrier's plan. Please check with your carrier for details on your messaging plan.

Consent Not Required for Purchase: Your consent to receive text messages is NOT a condition of purchasing any goods or services from Be Socially Smashing LLC.

Opt-Out Instructions: You may opt out of receiving text messages at any time by:

After opting out, you will receive one final confirmation message, and then no further messages will be sent unless you re-subscribe or contact us to resume text communications.

Help and Support: For assistance, reply HELP to any message or contact us at [email protected] or 888-308-8783.

Carriers Supported: We support messaging on all major U.S. wireless carriers.

We comply with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state telecommunications laws and regulations.

OUTBOUND CALLS AND VOICE COMMUNICATION CONSENT

By providing your telephone number to Be Socially Smashing LLC, you expressly consent to receive calls from us, including calls made using an automatic telephone dialing system, prerecorded voice messages, or artificial voice technology.

Types of Calls You May Receive:

Call Frequency: Call frequency varies based on your specific service engagement and needs. Typical clients receive 2-5 calls per month during active consulting periods.

Consent Not Required for Purchase: Your consent to receive calls is NOT a condition of purchasing any goods or services from Be Socially Smashing LLC.

Call Recording Notice: For quality assurance, training purposes, and to maintain accurate records of consulting services provided, all calls may be recorded. By continuing a call with us, you consent to such recording. Recordings may be used as evidence of service delivery in the event of payment disputes or chargebacks.

Opt-Out Instructions: You may opt out of receiving non-essential calls at any time by:

Please note that opting out of non-essential calls does not prevent us from calling you regarding transactional matters such as scheduled appointments, billing issues, or other necessary service-related communications.

Do Not Call Registry: If your number is on the National Do Not Call Registry, you acknowledge that by providing your number to us in connection with a business inquiry or service purchase, you are providing express written consent to receive calls from us, which exempts these calls from Do Not Call restrictions.

We comply with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and all applicable federal and state telecommunications laws and regulations.

PROHIBITED USES

You may NOT use our services to:

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BE SOCIALLY SMASHING LLC, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR SOCIALLYSMASHING.COM, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BE SOCIALLY SMASHING LLC FOR SERVICES IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation applies to all claims in the aggregate, not per claim, and applies regardless of the theory of liability, whether in contract, tort, negligence, strict liability, warranty, statute, or otherwise, and even if Be Socially Smashing LLC has been advised of the possibility of such damages.

Excluded Damages. Be Socially Smashing LLC shall not be liable for any:

Third-Party Platforms and AI Systems. Be Socially Smashing LLC does not own, operate, or control any search engine, AI platform, large language model, social platform, or third-party software. We are not liable for any change in, or loss of, your visibility, rankings, citations, recommendations, traffic, or results caused by any third party, including algorithm changes, model updates, policy changes, indexing decisions, outages, pricing changes, feature removals, or account actions taken by any platform or vendor.

Client Implementation. Because the services are collaborative and done-with-you, Be Socially Smashing LLC is not liable for outcomes that depend on your implementation, your content, your accuracy, your timeliness, or your business decisions.

Time Limit on Claims. Any claim arising out of or relating to these Terms or the services must be brought within ONE (1) YEAR after the claim arose. Any claim not brought within that period is permanently barred.

Essential Basis. You acknowledge that the fees charged reflect this allocation of risk, that these limitations are an essential basis of the bargain between us, and that Be Socially Smashing LLC would not provide the services without them. These limitations survive termination of these Terms.

Some jurisdictions do not allow the exclusion or limitation of certain damages. Where a limitation above is not permitted by law, that limitation applies to the maximum extent the law allows, and the remainder of this section stays in force. Nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot be limited by law.

BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

Mandatory Individual Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the services, or your use of sociallysmashing.com must be resolved through binding individual arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Austin, Texas (Travis County). The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION AGAINST BE SOCIALLY SMASHING LLC, SOCIALLYSMASHING.COM, OR ANY OF ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS. YOU ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.

Individual Basis Only. All disputes must be brought in your individual capacity only. You may not:

Waiver Enforceability. If this class action waiver is found unenforceable, the entire arbitration provision in this section shall be void, and disputes will instead be resolved in the state or federal courts located in Travis County, Texas, to whose exclusive jurisdiction and venue you consent. The remainder of these Terms stays in force.

Survival and Scope. This provision survives termination of your relationship with Be Socially Smashing LLC and applies to all past, present, and future claims. By using the services you acknowledge that you understand this provision and agree to resolve disputes individually through arbitration only.

This section is in addition to, and incorporates by reference, the full Anti-Class Action Waiver, which forms part of these Terms.

INCORPORATION BY REFERENCE — THESE POLICIES ARE PART OF THESE TERMS

The following policies published on sociallysmashing.com are incorporated into these Terms by reference and form part of the agreement between you and Be Socially Smashing LLC. By accepting these Terms you accept each of them. Where a policy conflicts with these Terms, the more protective provision in favor of Be Socially Smashing LLC applies to the extent permitted by law.

TERMINATION

We may terminate or suspend your access for violation of these terms. Upon termination, your right to use our services ceases immediately.

GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Be Socially Smashing LLC is a Texas limited liability company. Disputes must be resolved through binding individual arbitration in Austin, Texas (Travis County) as set out above. Where a dispute is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

Contact Information:

Be Socially Smashing LLC C/O
TRUE Space, Inc., 4245 N Central Expy, #492, Dallas, TX 75205
Agent Email: [email protected] Agent Phone: 888-308-8783

Material Modifications Since: Wednesday, July 29, 2026. None