ATM Program
Effective 4/27/2023
Updated 9/1/2025
Software Service Commitment: For the Full ATM Advanced program (Pro"), users are required to commit to a minimum of three months of service and the ATM Lite program ("Grow), users are required to commit to a minimum of six months of service. This commitment is established through a verbal and/or written agreement in accordance with our pricing plan requirements.
For the ATM Sites Program launched on 4/1/2024, by purchasing the monthly or annual option on the order form at journeybuilder.io, users agree to a 12-month agreement. Exceptions will be made under extreme circumstances such as the dealer going out of business (with proof of MBA termination), or Jay Vics, Inc. going out of business. The Mattress By Appointment dealer may buy out the remaining portion of their annual agreement should they opt to cancel by paying 50% of the remaining balance of their term. No refunds will be given for an annual plan purchase for unused time.
Refund Policy: Full refunds may be granted at the discretion of JourneyBuilder.io. Refunds will not be granted for any plans purchased on an annual basis for unused time. The terms under which refunds are considered should be clearly stated to avoid confusion or disputes. Partial refunds will only come in the form of future billing credits at the discretion of JVI Mobile Marketing.
Payment and Program Agreement: By joining the program and making the first payment, users agree to pay for the use of the JourneyBuilder software. This payment is an acknowledgment and acceptance of the terms of service. Independence from Third-Party Services: The agreement to use JourneyBuilder's software does not include or depend on any third-party external services, such as platforms like Google, Facebook, TikTok, or other paid advertising platforms. Users must understand that these services are separate and may require their own agreements and payments.
Duration of Agreement: The service agreement for all other plans is based on a month-to-month basis after the initial term. There is no recurring annual or long-term contract involved. However, the first payment signifies acceptance of the month-to-month terms of service.
Termination of Service: Service can be terminated after the initial three-month period must be made in writing via email to [email protected] or [email protected]. We require 30-days notice of cancellation.
Under Texas law
Changes to Terms of Service: JourneyBuilder.io reserves the right to modify the terms of service, with proper notification to users.
Contact Information and Dispute Resolution: Please contact [email protected] via email. Response will be provided within 24 business hours.
Texas S.B. 140 Solicitation Law Compliance and Liability Release
Effective Date: This section applies to all communications sent to Texas residents or from Texas locations beginning September 1, 2025.
Client Responsibility and Platform Limitation
JVI Mobile Marketing and JourneyBuilder (collectively "Company") provide communication platform services including phone and SMS messaging capabilities to enable business communications. Company is a technology platform provider only and does not direct, control, or approve the content, timing, targeting, or compliance practices of client communications.
Texas S.B. 140 Compliance Obligation
Texas Senate Bill 140, effective September 1, 2025, significantly expands the definition of "telephone solicitation" under the Texas Business and Commerce Code to include SMS messages, multimedia messages, and other electronic communications intended to promote goods or services. This law imposes strict requirements including:
Registration with the Texas Secretary of State for solicitors
Compliance with call-time restrictions and quiet hours
Honoring opt-out requests and Do Not Call lists
Consent requirements for automated communications
Substantial penalties including $5,000 per violation and private rights of action under the Texas Deceptive Trade Practices Act
CLIENT ACKNOWLEDGES AND AGREES that:
Sole Responsibility: Client is solely and exclusively responsible for ensuring all communications sent through Company's platform comply with Texas S.B. 140, the Texas Business and Commerce Code Chapter 302, and all applicable federal and state telemarketing laws.
Independent Compliance Obligation: Client must independently determine whether their business activities require registration under Texas S.B. 140 and must complete any required registrations, filings, or compliance measures at their own expense.
Content and Targeting Control: Client retains complete control over and responsibility for: All message content and marketing materials Recipient selection and targeting criteria Timing and frequency of communications Consent collection and documentation Opt-out request processing and compliance Adherence to quiet hours and calling restrictions
Indemnification and Hold Harmless
TO THE FULLEST EXTENT PERMITTED BY LAW, Client agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:
Client's violation of Texas S.B. 140 or any other telemarketing laws
Any regulatory investigation, citation, or enforcement action
Consumer complaints or private rights of action under the Texas Deceptive Trade Practices Act
Failure to obtain proper consent for communications
Violation of Do Not Call registries or opt-out requests
Non-compliance with registration requirements
Any fines, penalties, or statutory damages assessed against Client
Platform Service Limitation
Company's services are limited to providing the technical infrastructure and tools for communication delivery. Company:
Does not provide legal advice regarding telemarketing compliance
Does not monitor or review client communications for legal compliance
Does not guarantee that platform features satisfy legal requirements
Does not assume responsibility for client's use of platform features
Recommends that all clients consult with qualified legal counsel regarding their specific compliance obligations
Disclaimer of Warranties
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES that:
Use of the platform will ensure compliance with Texas S.B. 140 or other laws
Platform features or functionality satisfy specific legal requirements
Client's business practices or communications comply with applicable regulations
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE for any damages, claims, or losses arising from Client's non-compliance with telemarketing laws, regardless of whether Company had knowledge of the potential violation.
Termination Rights
Company reserves the right to immediately suspend or terminate Client's account if Company, in its sole discretion, believes Client's use of the platform may violate Texas S.B. 140 or other applicable laws, or if such use exposes Company to legal liability.
Acknowledgment
By using Company's services, Client acknowledges that they have read, understood, and agree to be bound by this section, and that they have been advised to seek independent legal counsel regarding their obligations under Texas S.B. 140 and other applicable telemarketing laws.
Client represents and warrants that they will use Company's platform in full compliance with all applicable laws and regulations.