Terms & Conditions
TERMS AND CONDITIONS
Aligned Experience Design (Aligned XD)
Effective Date: March 17, 2025 | Last Updated: March 17, 2025
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These Terms and Conditions (“Terms”) govern your use of the website at alignedxd.com, the client portal at app.alignedxd.com, and the services provided by Aligned Experience Design, LLC (“Aligned XD,” “we,” “our,” or “us”), a Georgia-based limited liability company.
By accessing our website, using our client portal, or entering into a service agreement with Aligned XD, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not use our website or services.
These Terms should be read alongside our Privacy Policy, which is incorporated by reference.
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TABLE OF CONTENTS
- Services
- Client Responsibilities
- Client Portal Access (app.alignedxd.com)
- SMS and Messaging Compliance
- Payment Terms
- Intellectual Property
- Confidentiality
- Data and Privacy
- Third-Party Platforms and Integrations
- Disclaimers and Limitations of Liability
- Indemnification
- Term and Termination
- Dispute Resolution
- Governing Law
- Changes to These Terms
- Contact Us
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1. SERVICES
Aligned XD provides AI automation and digital infrastructure services to small businesses and service-based practices. Services may include:
- AI voice agent design, configuration, and deployment (powered by Retell AI)
- SMS automation and messaging workflow development
- Email automation and campaign setup
- CRM configuration and contact management (via GoHighLevel)
- Appointment scheduling and calendar integration
- Website and sales funnel development
- Ongoing platform management, maintenance, and optimization
- Other AI agent services as agreed in writing
The specific scope of services, pricing, and deliverables for each Client engagement are defined in a separate Service Agreement or Statement of Work. These Terms govern all engagements unless expressly superseded by a signed written agreement.
Aligned XD reserves the right to decline, modify, or discontinue any service offering at any time. We will provide reasonable notice to active clients of material service changes.
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2. CLIENT RESPONSIBILITIES
By engaging Aligned XD, you agree to:
— Provide Accurate Information —
Supply accurate, complete, and current business information required to deliver services, including legal business name, EIN, website URL, contact information, and any platform credentials we need to perform the work.
— Comply with Applicable Laws —
Ensure your use of our services — including any AI voice agents, SMS campaigns, email automations, and CRM workflows we build on your behalf — complies with all applicable federal, state, and local laws. This includes but is not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, HIPAA (if applicable to your industry), and any applicable state consumer protection laws.
— Obtain Required Consents —
Obtain all necessary permissions and consents from your own customers and contacts before collecting their data, adding them to CRM systems, or sending them automated communications through our platform. Aligned XD is not responsible for consent violations arising from your failure to properly collect opt-in permission from your own customer base.
— Maintain Account Security —
Protect the login credentials for your client portal account. Notify Aligned XD immediately if you suspect unauthorized access to your account. You are responsible for all activity that occurs under your login.
— Timely Cooperation —
Respond to requests for information, approvals, and feedback in a reasonably timely manner. Delays caused by Client unavailability may affect project timelines and deliverable dates, for which Aligned XD is not responsible.
— Acceptable Use —
Not use any Aligned XD-built system, workflow, or platform access for:
- Sending spam, unsolicited commercial messages, or deceptive communications
- Collecting or processing data in violation of applicable privacy laws
- Harassing, threatening, or deceptive contact with any individual
- Any illegal activity or activity that violates the terms of any third-party platform we use
- Circumventing carrier A2P 10DLC registration requirements
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3. CLIENT PORTAL ACCESS (app.alignedxd.com)
— Portal Access —
Aligned XD provides access to a white-labeled GoHighLevel (GHL) client portal at app.alignedxd.com. Your access is governed by the GHL Terms of Service in addition to these Terms. By using the portal, you agree to GHL’s terms and acceptable use policies.
— Agency Access —
Aligned XD maintains agency-level administrative access to all client sub-accounts within our GHL environment. This access is used exclusively to configure, maintain, troubleshoot, and optimize your account as part of our service delivery. We do not use this access to view, export, or share your customer data for any purpose outside of delivering your services.
— Account Ownership —
The GHL sub-account created for you exists within Aligned XD’s agency account. In the event you terminate services with Aligned XD, see Section 12 (Termination) for details on account data and transition options.
— Availability —
We strive to maintain platform availability but cannot guarantee uninterrupted access. Downtime may occur due to GHL maintenance, carrier outages, third-party platform issues, or factors outside our control. Aligned XD is not liable for losses resulting from platform unavailability.
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4. SMS AND MESSAGING COMPLIANCE
This section applies to all clients who engage Aligned XD to build, configure, or manage SMS or voice messaging systems.
— A2P 10DLC Registration —
If Aligned XD configures SMS messaging on your behalf, A2P 10DLC brand and campaign registration is required by carriers before messages can be sent. You are responsible for:
- Providing accurate business information including your legal name, EIN, and website URL
- Ensuring a compliant privacy policy and SMS terms are live on your website before registration
- Paying any carrier registration fees (currently: $4–$45 one-time brand fee + $15 one-time campaign fee)
Aligned XD will assist with the registration process and provide compliant copy for use case descriptions, sample messages, and privacy policy language. However, Aligned XD does not guarantee carrier approval and is not responsible for registration rejections caused by:
- Incorrect or mismatched business information you provide
- EIN not yet appearing in carrier databases (common with newly issued EINs)
- Carrier policy changes outside our control
- Content violations caused by unapproved message types sent after registration
Registration fees paid to carriers are non-refundable regardless of approval outcome.
— Client Responsibility for Messaging Compliance —
You are responsible for ensuring that all contacts in your CRM have provided proper consent to receive the types of messages configured in your workflows. Aligned XD builds compliant opt-in, opt-out, and HELP workflows as part of our standard setup, but we are not liable for TCPA violations arising from:
- Contacts added to your CRM without proper consent
- Messages sent outside the scope of your registered campaign use case
- Modifications you make to workflows after Aligned XD has configured them
- Any pre-existing contacts in your database prior to our engagement
— Voice Agent Disclosure —
If we deploy an AI voice agent (e.g., powered by Retell AI) on your behalf, you are responsible for ensuring the agent discloses its AI nature to callers as required by applicable law, including the Georgia AI Transparency in Communications Act and any federal regulations that apply.
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5. PAYMENT TERMS
— Fees —
Service fees are described in your Service Agreement or Statement of Work. All fees are in U.S. dollars. Aligned XD reserves the right to update pricing with 30 days written notice to active clients.
— Payment Processing —
Payments are processed through GoHighLevel Payments and/or Stripe. By providing payment information, you authorize us to charge the agreed fees on the schedule described in your Service Agreement. You agree to the applicable terms of GHL Payments and Stripe.
— Recurring Billing —
Monthly retainer or subscription fees are billed on a recurring basis on the date specified in your Service Agreement. You authorize Aligned XD to charge your payment method on file automatically on each billing date.
— Late Payment —
Invoices not paid within 14 days of the due date may result in suspension of access to the client portal and/or pausing of active workflows. Accounts more than 30 days past due may result in termination of services. Aligned XD is not responsible for business impact resulting from service suspension due to non-payment.
— Refunds —
Setup fees and one-time project fees are non-refundable once work has commenced. Monthly retainer fees are non-refundable for the current billing period. If Aligned XD fails to deliver agreed services due to our own error, we will work to remedy the issue or provide a prorated credit at our discretion.
— Third-Party Platform Costs —
Certain costs are passed through directly from third-party platforms, including GHL sub-account fees, Twilio/carrier SMS costs, Retell AI usage fees, and A2P registration fees. These are either included in your monthly service fee as described in your agreement or invoiced separately. Third-party fee changes are outside Aligned XD’s control.
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6. INTELLECTUAL PROPERTY
— Aligned XD Property —
All methodologies, workflow templates, system architectures, prompt frameworks, agent configurations, and proprietary processes developed by Aligned XD remain the intellectual property of Aligned XD. This includes snapshot templates, master workflow configurations, and any tools, scripts, or documentation we create as part of our agency operations.
— Client Deliverables —
Custom deliverables built specifically for your account — including your specific GHL sub-account configuration, custom workflows, contact data, and content you provide — are your property once fully paid for, subject to the limitations in Section 3 (Portal Access) and Section 12 (Termination).
— License —
By engaging Aligned XD, you grant us a limited, non-exclusive license to use your business name, logo, and content solely as necessary to deliver the services in your agreement.
— No Reverse Engineering —
You may not reverse engineer, copy, or repurpose Aligned XD’s proprietary workflow templates, agent prompt structures, or system architectures for use outside your own business or to compete with Aligned XD.
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7. CONFIDENTIALITY
Both parties agree to keep confidential any non-public business information shared in connection with the services. This includes client business data, customer lists, pricing, and proprietary processes.
Aligned XD will not disclose your confidential business information to third parties except as required to deliver services (e.g., to GHL, Retell, Twilio) or as required by law.
Confidentiality obligations survive termination of services for a period of 3 years.
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8. DATA AND PRIVACY
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you agree to our Privacy Policy.
As it relates to your customers’ data processed through our platform:
- You are the data controller for your customers’ personal information
- Aligned XD acts as a data processor on your behalf
- You are responsible for having a legal basis to collect and process your customers’ data
- You are responsible for maintaining a compliant privacy policy on your own website that discloses how your customers’ data is used
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9. THIRD-PARTY PLATFORMS AND INTEGRATIONS
Our services involve third-party platforms including GoHighLevel, Retell AI, Twilio, Stripe, Google Workspace, and others. By using our services, you acknowledge:
- These platforms have their own terms of service and privacy policies that apply to your use
- Aligned XD is not responsible for outages, data loss, policy changes, or discontinuation of third-party platforms
- We will make reasonable efforts to notify you of material changes to third-party platforms that affect your services, but cannot guarantee advance notice of all changes
- Integration availability may change if third-party platforms modify their APIs or terms
Specifically regarding GoHighLevel: your sub-account exists within Aligned XD’s GHL agency. GHL’s terms of service govern the underlying platform. Any violation of GHL’s acceptable use policy by you may result in suspension of your sub-account by GHL, which is outside Aligned XD’s control.
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10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
— No Guarantee of Results —
Aligned XD does not guarantee specific business outcomes, including but not limited to increased bookings, revenue, lead volume, call answer rates, or SMS delivery rates. Results depend on many factors outside our control, including your business, market conditions, and the behavior of third-party platforms.
— No Guarantee of A2P Approval —
We do not guarantee approval of A2P 10DLC brand or campaign registrations. Carrier decisions are made by third parties and are outside our control.
— Platform Availability —
We do not guarantee uninterrupted availability of any platform, tool, or integration.
— Limitation of Liability —
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIGNED XD’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ALIGNED XD IN THE THREE MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL ALIGNED XD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
— Disclaimer of Warranties —
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aligned XD, its members, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
- Your use of our services in violation of these Terms
- Your violation of applicable law, including TCPA, CAN-SPAM, or HIPAA
- Your failure to obtain proper consent from your customers for communications
- Content, data, or materials you provide to Aligned XD
- Your violation of any third-party rights, including intellectual property rights
- Any modifications you make to Aligned XD-configured systems after delivery
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12. TERM AND TERMINATION
— Term —
These Terms remain in effect for the duration of your engagement with Aligned XD and for any ongoing access to the client portal.
— Termination by Client —
You may terminate services at any time by providing written notice as specified in your Service Agreement. Monthly retainer fees for the current billing period are non-refundable.
— Termination by Aligned XD —
We may terminate or suspend your access immediately and without notice for:
- Material violation of these Terms or our Acceptable Use Policy
- Non-payment of fees after notice
- Violation of GHL, Twilio, or carrier acceptable use policies
- Any activity that creates legal or compliance risk for Aligned XD
— Effect of Termination —
Upon termination:
- Your access to the client portal will be suspended
- You may request an export of your contact and workflow data within 30 days of termination — after which data may be permanently deleted
- Aligned XD retains the right to delete your sub-account data after the 30-day retrieval window
- Any outstanding invoices become immediately due and payable
- Aligned XD’s snapshot templates, master workflow structures, and proprietary configurations remain the property of Aligned XD and are not transferable
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13. DISPUTE RESOLUTION
In the event of a dispute arising from these Terms or our services, the parties agree to first attempt to resolve the dispute informally by contacting Aligned XD directly and allowing 30 days for good-faith resolution.
If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with arbitration conducted in Georgia. The arbitrator’s decision shall be final and binding.
Class action waiver: You agree to resolve disputes individually and waive any right to bring or participate in a class action lawsuit or class-wide arbitration against Aligned XD.
Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for matters involving intellectual property or confidentiality.
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14. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. To the extent any dispute is resolved in court rather than arbitration, you consent to exclusive jurisdiction and venue in the state or federal courts located in Georgia.
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15. CHANGES TO THESE TERMS
Aligned XD reserves the right to update these Terms at any time. Material changes will be communicated to active clients by email or posted notice in the client portal at least 14 days before taking effect. Continued use of our services after the effective date of updated Terms constitutes your acceptance of the changes.
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16. CONTACT US
For questions about these Terms or our services:
Aligned Experience Design (Aligned XD)
Georgia, United States
[Street Address]
Email: [your email]
Website: alignedxd.com
Client Portal: app.alignedxd.com
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These Terms and Conditions were last updated on March 17, 2025.