TERMS OF SERVICE
Effective Date: Jan, 2026
Company: Losk LLC
1. Binding Agreement
These Terms of Service (“Agreement”) constitute a legally binding contract between you (“Client,” “User”) and Losk LLC.
By accessing our website or engaging our services, you agree to be bound by these Terms.
2. Scope of Services
Losk provides:
Website development
Social media management
Paid advertising
AI automation systems
CRM implementation
SMS automation
Digital marketing strategy
Logo design/brand design
Specific services are defined in written proposals or agreements.
3. Client Compliance Obligations (Critical)
Client expressly represents and warrants that:
All marketing data provided was lawfully obtained
All SMS recipients have provided proper opt-in consent
Client complies with TCPA, CAN-SPAM, and applicable telecommunications laws
Client maintains accurate opt-in records
Losk does not assume liability for unlawful client marketing conduct.
Client bears sole responsibility for regulatory compliance related to their campaigns.
4. SMS Compliance & Consent Handling
If Client uses SMS services facilitated by Losk:
Client must maintain documented opt-in records
Client must honor opt-outs immediately
Client must not upload purchased or scraped lists
Losk does not share SMS consent data with third parties except authorized SMS delivery providers as described in our Privacy Policy.
Client indemnifies Losk for any claims arising from improper SMS practices.
5. Fees & Subscription Billing
Where services are subscription-based:
Fees are billed in advance
Payments are non-refundable
Subscriptions auto-renew unless canceled prior to billing date
Late payments may incur suspension
Chargebacks constitute breach of contract.
6. Intellectual Property
All proprietary frameworks, AI systems, workflows, automation structures, and internal methodologies remain exclusive property of Losk unless otherwise agreed in writing.
Unauthorized duplication, reverse engineering, or redistribution is prohibited.
7. Limitation of Liability
To the fullest extent permitted by law:
Losk shall not be liable for:
Indirect damages
Lost profits
Regulatory penalties
Business interruption
Third-party platform failures
Maximum aggregate liability shall not exceed fees paid to Losk in the prior three (3) months.
8. Indemnification (Aggressive Protection)
Client agrees to defend, indemnify, and hold harmless Losk, its members, officers, employees, and agents from any claims, fines, penalties, or damages arising from:
Client’s marketing practices
TCPA violations
Data misuse
Unauthorized communications
Regulatory enforcement actions
This obligation survives termination.
9. Termination Rights
Losk may suspend or terminate services immediately for:
Non-payment
Legal risk exposure
Compliance violations
Reputational risk
No refunds shall be issued upon termination for breach.
10. Dispute Resolution
Any dispute shall be resolved by binding arbitration in the State of Florida.
Client waives the right to participate in class actions.
11. Governing Law
This Agreement shall be governed by the laws of the State of Florida.
12. Modifications
Losk reserves the right to modify these Terms at any time. Continued use constitutes acceptance.
SMS Messaging Disclosure
By providing your mobile phone number and affirmatively opting in to receive SMS communications from Losk LLC, you expressly agree to receive recurring automated, transactional, and/or promotional text messages sent using automated technology.
Message frequency may vary depending on user interaction, account activity, and service engagement.
Message & Data Rates Disclosure
Message and data rates may apply.
Charges for SMS messages are determined by your wireless carrier and your individual mobile plan. Losk LLC does not charge separately for SMS delivery; however, standard carrier messaging and data rates may apply.
Users are solely responsible for any fees imposed by their mobile carrier.
Opt-Out & Help Instructions
You may opt out of SMS communications at any time by:
Replying “STOP” to any SMS message
Contacting us directly at support@loskmarket.com
Upon receipt of an opt-out request, we will process the request within a commercially reasonable timeframe and cease further non-essential messaging.
For assistance, users may reply “HELP” to receive support contact information.
Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages.
Losk LLC is not responsible for:
Carrier transmission delays
Network outages
Message filtering by carriers
Technical delivery failures outside our reasonable control
Errors caused by incorrect phone number submission
Delivery of SMS messages is subject to effective transmission by your mobile carrier and network operator.
No Sharing of SMS Consent
For avoidance of doubt:
SMS consent, phone numbers, and opt-in data are not sold, rented, transferred, or shared with third parties for marketing or promotional purposes.
SMS data may only be shared with:
Authorized SMS platform providers
Telecommunications carriers
Technical vendors strictly necessary for message routing and delivery
Such parties are contractually restricted from using consent data for any purpose other than message transmission and compliance.
Eligibility & Legal Capacity
Access to and use of Losk LLC services is strictly limited to individuals and entities who:
Are eighteen (18) years of age or older
Possess the legal authority to enter into binding contracts
Are not barred from receiving services under applicable law
By using our services, you affirm and warrant that you meet these eligibility requirements.
Any use of our services by a person under the age of 18 constitutes a material breach of this Agreement and may result in immediate termination without notice.
Losk LLC disclaims all liability arising from unauthorized use of our services by minors.