These Terms of Service ("Terms") govern your use of the products and services offered by Midwest Service Revenue Engine ("Midwest Service Revenue Engine", "we", "our", or "us"). By accessing or using any of our services, websites, software, or communications (collectively, the "Services"), you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use the Services.
Last updated: March 5, 2026
1.1 Eligibility. You may use the Services only if you (a) are at least 18 years old and have the legal capacity to enter into a binding contract, and (b) are using the Services on behalf of yourself or a business entity you are authorized to represent.
1.2 Account Information. You are responsible for providing accurate, current, and complete information when you create an account, sign an agreement, or otherwise engage our Services. You agree to keep your contact information, billing information, and business information up to date at all times.
1.3 Security. You are responsible for maintaining the confidentiality of any login credentials associated with your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.
2.1 Service Overview. Midwest Service Revenue Engine provides marketing, revenue optimization, and communication services, which may include but are not limited to lead generation, CRM configuration, marketing automation, SMS and email messaging tools, call tracking, analytics, consulting, and related professional services (collectively, the "Services"). The specific Services provided to you may be defined in a separate statement of work, proposal, or service agreement (each, an "Order").
2.2 Business Use. The Services are intended for business and professional use. You agree not to use the Services for any personal, household, or non-business purpose where doing so would violate applicable laws or regulations.
2.3 Acceptable Use. You agree that you will not, and will not permit any third party to, use the Services:
2.4 Compliance. You are solely responsible for ensuring that your use of the Services, including any campaigns, messages, or customer data, complies with all applicable laws, regulations, and industry guidelines (including, where applicable, CAN-SPAM, TCPA, CTIA, privacy laws, and data protection regulations).
3.1 Fees. You agree to pay all fees and charges associated with the Services as specified in the applicable Order, subscription plan, or invoice (collectively, the "Fees"). Unless otherwise stated in writing, all Fees are quoted and payable in U.S. dollars and are exclusive of any applicable taxes.
3.2 Billing and Authorization. By providing a payment method (such as a credit card or bank account), you authorize us and our payment processors to charge you for all Fees incurred in connection with your use of the Services, including recurring subscription fees, usage-based fees, and any applicable taxes, in accordance with the billing frequency set forth in your Order (e.g., monthly, quarterly, annually).
3.3 Automatic Renewal. Unless otherwise stated in your Order, subscriptions to the Services will automatically renew at the end of each billing term for successive terms of the same length, at the then-current rates, unless you cancel in accordance with the cancellation policy described in Section 4. You authorize us to charge your payment method on each renewal date unless you have provided timely notice of non-renewal.
3.4 Late Payments. If any Fees are not paid when due, we may, at our discretion: (a) assess a late fee or interest at the maximum rate permitted by law; (b) suspend or limit your access to the Services until all outstanding amounts are paid; and/or (c) refer your account to a collections agency or take legal action to recover outstanding amounts. You agree to reimburse us for all reasonable costs and expenses (including attorneys’ fees) incurred in connection with collecting unpaid amounts.
3.5 Non-Refundable Fees. Unless expressly stated otherwise in an Order or required by applicable law, all Fees are non-refundable, including without limitation any upfront fees, setup fees, onboarding fees, implementation fees, and pre-paid subscription fees, regardless of usage or early termination.
4.1 Term. The initial term of your subscription or engagement (the "Initial Term") will be set forth in the applicable Order. Following the Initial Term, the subscription will automatically renew as described in Section 3.3 unless terminated in accordance with these Terms.
4.2 Cancellation by You. You may cancel your subscription or ongoing Services by providing written notice to us at least thirty (30) days before the end of your then-current billing term, unless a different notice period is specified in your Order. Cancellation will take effect at the end of the current billing term. You remain responsible for all Fees incurred through the effective date of cancellation. No refunds will be issued for partial billing periods or unused Services unless otherwise stated in writing.
4.3 Termination for Cause. Either party may terminate the Services or any Order immediately upon written notice if the other party: (a) materially breaches these Terms or an Order and fails to cure such breach within ten (10) days after receiving written notice; or (b) becomes insolvent, files for bankruptcy, or is otherwise unable to meet its financial obligations in the ordinary course of business.
4.4 Suspension or Termination by Us. We may suspend or terminate your access to the Services, in whole or in part, at any time and without liability if: (a) you fail to pay any amounts due; (b) we believe your use of the Services violates these Terms or any applicable law; (c) we are required to do so by law, regulation, or court order; or (d) continuing to provide the Services could create security, legal, or operational risk. We will use commercially reasonable efforts to notify you prior to suspension or termination when practicable.
4.5 Effect of Termination. Upon termination or expiration of the Services for any reason: (a) your right to access and use the Services will immediately cease; (b) all outstanding Fees and charges will become immediately due and payable; and (c) sections of these Terms that by their nature should survive (including, without limitation, payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, and indemnity) shall survive termination. We may, but are not obligated to, retain your data for a limited period following termination. It is your responsibility to export or back up your data prior to termination, where applicable.
5.1 Consent to Receive SMS Messages. By providing your phone number to Midwest Service Revenue Engine, opting in through a web form, checking a consent box, texting a keyword to a designated number, or otherwise indicating your consent, you agree to receive SMS and/or MMS text messages from us and, where applicable, on behalf of our clients, including transactional messages, service updates, account notifications, appointment reminders, and marketing or promotional messages (collectively, "SMS Communications"). Message frequency may vary based on your interactions with us and your use of the Services.
5.2 Message and Data Rates. Message and data rates may apply to SMS Communications, depending on your mobile carrier and plan. You are responsible for any charges imposed by your mobile carrier as a result of SMS Communications. Carriers are not liable for delayed or undelivered messages.
5.3 Opting Out of SMS. You may opt out of receiving marketing or promotional SMS Communications at any time by replying with a keyword such as "STOP", "END", "CANCEL", "UNSUBSCRIBE", or "QUIT" (as instructed in the message), or by contacting us directly using the contact information provided on our website. After you opt out, we may send a final confirmation message to confirm that you have been unsubscribed. You understand that opting out may limit your ability to receive certain information via SMS, including time-sensitive updates.
5.4 Consent on Behalf of Your Contacts. If you use our Services to send SMS Communications to your own customers, leads, or contacts, you represent and warrant that: (a) each recipient has provided the level of consent required under applicable law (including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and any similar laws) to receive such messages from you; (b) your messages comply with all applicable rules, regulations, and carrier requirements; and (c) you will honor and promptly process any opt-out or unsubscribe requests. You are solely responsible for the content of your messages and for obtaining and maintaining all necessary consents.
5.5 Prohibited SMS Conduct. You agree not to use any SMS functionality of the Services to send messages that are unlawful, misleading, abusive, harassing, or deceptive, or that promote illegal activities. You will not use randomly generated phone numbers or purchased contact lists where the recipients have not expressly consented to receive messages from you. We may suspend or terminate your access to SMS features if we believe your use violates these Terms or any applicable compliance requirements.
6.1 Ownership of Services. Midwest Service Revenue Engine and its licensors retain all right, title, and interest in and to the Services, including all software, technology, content, designs, trademarks, trade names, logos, and other materials provided or made available through the Services, along with all associated intellectual property rights. These Terms do not grant you any ownership rights in or to the Services or any intellectual property owned by us or our licensors.
6.2 License to Use the Services. Subject to your continued compliance with these Terms and payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the term of your subscription or engagement, solely for your internal business purposes and in accordance with any usage limitations set forth in your Order.
6.3 Your Content. You retain all rights to the data, content, and materials that you or your users submit, upload, or transmit through the Services ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display Customer Content solely as necessary to provide, maintain, improve, and support the Services and to comply with legal obligations. You represent and warrant that you have all necessary rights and permissions to grant this license and that Customer Content does not infringe or violate the rights of any third party.
7.1 Confidential Information. Each party may have access to information that is confidential or proprietary to the other party, including business plans, customer data, pricing, technical information, and other non-public information ("Confidential Information"). Each party agrees to protect the other party’s Confidential Information using at least the same degree of care it uses to protect its own similar information, and not less than a reasonable degree of care, and to use such information solely for purposes of performing under these Terms. Confidential Information does not include information that is or becomes publicly available without breach, was already in the receiving party’s possession, or is independently developed without use of the disclosing party’s Confidential Information.
7.2 Data Protection. We will implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Content against unauthorized access, use, or disclosure. However, you acknowledge that no method of transmission or storage is completely secure, and we cannot guarantee absolute security. Additional data protection terms may be set forth in a separate data processing addendum, where required by law.
8.1 No Guarantee of Results. You understand and agree that marketing, lead generation, and revenue outcomes are influenced by many factors beyond our control. We make no representation, warranty, or guarantee regarding the number of leads, sales, revenue, appointments, or other results that may be generated through the Services. Any examples of past results or case studies are provided for illustrative purposes only and do not constitute a promise or guarantee of future performance.
8.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
8.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MIDWEST SERVICE REVENUE ENGINE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Midwest Service Revenue Engine and its officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your Customer Content or communications (including SMS Communications you send to your contacts); or (d) your infringement or misappropriation of any intellectual property or other rights of a third party.
10.1 Service Modifications. We may modify, update, or discontinue any aspect of the Services at any time, with or without prior notice, provided that such modifications do not materially reduce the core functionality of the Services you have purchased during the then-current term, except where required by law, security, or technical considerations.
10.2 Updates to Terms. We may revise these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. We may also provide additional notice of material changes via email or through the Services. Your continued use of the Services after any changes to these Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State in which Midwest Service Revenue Engine is primarily organized or headquartered, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located within that State, and you consent to the personal jurisdiction and venue of such courts.
12.1 Entire Agreement. These Terms, together with any applicable Orders or addenda, constitute the entire agreement between you and Midwest Service Revenue Engine regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.
12.2 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
12.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.
12.4 Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Midwest Service Revenue Engine.
12.5 Notices. Any notices or communications under these Terms must be in writing and will be deemed given when delivered personally, sent by recognized overnight courier, or sent by email to the contact information provided by the receiving party. You agree to keep your contact information current and accurate at all times.
12.6 Contact Information. If you have any questions about these Terms or the Services, please contact us using the information provided on our website or through your account representative.
By continuing to use the Services of Midwest Service Revenue Engine, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.