EDM Network

Terms of Services

Evolving Dynamic Media LLC (EDM Lead Network / EDM Network / EDM Nexus)

1. INTRODUCTION

This Terms of Service Agreement (“Agreement”) is a legally binding agreement between Evolving Dynamic Media LLC, including its brands EDM Lead Network, EDM Network, and EDM Nexus (collectively, the “Company,” “we,” “us,” or “our”), and you (“User,” “Client,” “Buyer,” or “Publisher”).

This Agreement governs your access to and use of:

  • EDM Nexus software platform
  • All related systems, APIs, dashboards
  • Websites, subdomains, and services
    (collectively, the “Platform” or “Services”)

Binding Acceptance

By accessing, registering, or using the Platform in any manner, you:

  • Acknowledge that you have read and understood this Agreement
  • Represent that you have authority to bind yourself or your entity
  • Agree to be legally bound immediately upon use

IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM

2. DEFINITIONS
  • “Client”: Any entity using Company services
  • “Leads”: Calls, inquiries, or data generated via the Platform
  • “Qualified Leads”: Leads meeting agreed campaign criteria
  • “Insertion Order (IO)”: Campaign-specific agreement
  • “Confidential Information”: All non-public business, operational, technical, and financial information
3.PAYMENT & FINANCIAL TERMS

3.1 Billing

  • Weekly billing cycle (Sunday–Saturday)
  • All invoices are due immediately upon receipt
  • Past due after 1 day

3.2 Late Fees

  • 2% monthly (24% annually) or maximum allowed by law

3.3 Automatic Payment Authorization

You authorize the Company to charge your payment method for:

  • Outstanding balances (10+ days past due)
  • Ongoing usage and services

3.4 STRICT NO-CHARGEBACK POLICY

You irrevocably agree:

  • You will NOT initiate chargebacks or payment reversals under any circumstances
  • Any chargeback constitutes:
    • Material breach
    • Fraudulent conduct

All disputes MUST be submitted to:
contact@evolvingdynamicmedia.com within 10 days

3.5 Collections

You are responsible for:

  • All attorney fees
  • Collection costs
  • Legal expenses

3.6 Prepayment Campaigns

  • Funds are non-refundable
  • No withdrawals permitted
  • Not FDIC insured
  • Credits may be issued at Company discretion

3.7 Pricing

  • Dynamic pricing based on market conditions
  • Charges deducted automatically
4. ACCESS, USE & PLATFORM PROTECTION

4.1 Limited License

You are granted a limited, revocable, non-transferable license to use the Platform for internal business purposes only.

4.2 Ownership & Trade Secrets

The Platform constitutes:

  • Proprietary systems
  • Trade secrets
  • Confidential methodologies

You acknowledge the Platform is:

  • Unique
  • Commercially valuable
  • Protected under law

4.3 PROHIBITED CONDUCT

You are strictly prohibited from:

  • Copying, duplicating, or reverse engineering the Platform
  • Creating or assisting in creating competing platforms
  • Using knowledge gained to compete
  • Extracting workflows, logic, pricing, or systems
  • Benchmarking or analyzing for competitive purposes

Applies during and after use indefinitely

4.4 COPYCAT / COMPETITIVE LIABILITY

Any violation is deemed:

  • Intentional misconduct
  • Trade secret theft

You agree to:

  • Full legal liability
  • Injunctive relief
  • Profit disgorgement

AND pay:

  • Attorneys’ fees
  • Court costs
  • Investigation costs

4.5 NON-CIRCUMVENTION (24 MONTHS)

During use and for 24 months after termination, you shall NOT:

  • Solicit or hire Company employees
  • Bypass Company personnel
  • Interfere with Company relationships

4.6 ACCEPTANCE BY USE

Use of the Platform constitutes:

  • Full legal acceptance
  • Waiver of “did not read” defense

4.7 SUSPENSION & TERMINATION

Company may:

  • Suspend access immediately
  • Terminate without notice
  • Take legal action
5. LEGAL COMPLIANCE (TCPA)

You are solely responsible for:

  • Compliance with all laws
  • TCPA and telemarketing regulations

Company assumes no liability

6. AI AGENT TERMS
  • $1.00 per minute
  • Rounded up
  • Non-refundable
  • Pay regardless of outcome
7. CONFIDENTIALITY

All Confidential Information:

  • Must be protected
  • Cannot be disclosed
  • Includes business relationships, systems, data.

Trade secrets are protected indefinitely

8. LEADS & TRAFFIC POLICY
  • Leads become property upon payment
  • No resale for 180 days
  • Fraud traffic is prohibited
9. TERMINATION

Company may terminate:

  • At any time
  • Without notice

Certain obligations survive termination.

10. MODIFICATIONS

Company may update terms at any time.
Continued use = acceptance.

11. GOVERNING LAW; VENUE; JURISDICTION

This Agreement is governed by the laws of the State of Florida.

You:

  • Submit to jurisdiction
  • Waive objections to venue

Company may seek injunctive relief in any jurisdiction.

12. WAIVER OF JURY TRIAL & CLASS ACTION

You waive:

  • Jury trial rights
  • Participation in class actions

All claims must be brought individually.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

The Company shall NOT be liable for:

  • Indirect damages
  • Lost profits
  • Data loss
14. INDEMNIFICATION

You agree to defend and indemnify the Company against:

  • Legal claims
  • Violations of law
  • Misuse of Platform
15. SMS & Voice Communication Terms

By providing your phone number, you agree to receive SMS messages and phone calls from EDM Lead Network, including:

  • One-time passcodes (OTP) for account authentication
  • SMS messages sent by other registered users of the platform as part of its communication features
  • Voice calls initiated by other registered users through the platform

These communications are strictly transactional and conversational in nature.

Message frequency may vary based on user activity. Message and data rates may apply.

You may opt out of SMS communications at any time by replying STOP to any message. For assistance, reply HELP or contact our support team.

By using our services, you confirm that you are the authorized user of the phone number provided and that you consent to receive communications as described above.

16. MISCELLANEOUS
  • Entire Agreement
  • Severability
  • No waiver
  • No public disclosure

Company operates solely as a platform and is not responsible for third-party actions.

17. ACKNOWLEDGEMENT

By using the Platform, you confirm that:

  • You have read this Agreement
  • You understand it
  • You agree to be legally bound