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Terms and Conditions

The terms that govern Another Brilliant Idea’s websites, software, marketing services, CRM, AI assistants, communication tools, and digital products.

Effective date: October 10, 2026

1. Introduction and Acceptance of Terms

These Terms govern your use of Another Brilliant Idea, Inc. (“ABI”) websites, software, marketing services, CRM, AI assistants, communication tools, and digital products — including anotherbrilliantidea.com, funeral-crm.com, compassion-concierge.io, and BrilliantMobile.com.

By using or purchasing any of our services, you accept these Terms. If you accept on behalf of a business, you confirm that you have authority to bind that business. Where a separately signed agreement exists, it controls over these Terms for the services it covers.

2. About Our Services

ABI provides marketing and technology services, primarily to funeral homes and compassion-based and professional service businesses, including:

Marketing consulting
CRM and Funeral-CRM subscriptions
Compassion Concierge AI assistants
Website work
SEO and AI search visibility
Social media
Email and text automation
Scheduling
Reputation management
Advertising
Audits and training
Digital courses

Features may change over time, subject to existing commitments.

3. Business Use and Eligibility

Our services are intended for businesses. Individuals must be at least 18 years old to purchase independently. Clients must provide accurate account and billing information and ensure that their authorized users comply with these Terms.

Our services are not directed at children. Visitors to a funeral home’s website or AI assistant may also be subject to that funeral home’s own terms.

4. Technology Licensing and Ownership

4.1 Licensed Access to Technology

Clients lease or subscribe to access our technology; they do not own the underlying technology. ABI grants a limited, nonexclusive, nontransferable license for internal business use during the subscription term, conditioned on payment and compliance with these Terms.

4.2 ABI Intellectual Property

ABI retains ownership of its CRM setups, automation workflows, GoHighLevel snapshots, AI configurations, methodologies, training materials, website templates, and trademarks. No copying, reselling, sublicensing, reverse engineering, or commercial exploitation is permitted without written authorization. Third-party software remains the property of its owners.

4.3 Client-Owned Information and Deliverables

Clients retain their contact lists, imported CRM databases, customer and family records, business information, original materials, AI transcripts and call recordings (subject to applicable rights), and paid custom deliverables expressly assigned to them. Ownership of a deliverable does not transfer ABI’s tools, templates, configurations, or third-party licenses.

5. Client Responsibilities and Proper Use of Technology

Clients run their own operations and are responsible for their use of the tools, including: providing accurate information, approving campaigns, obtaining marketing consent, maintaining lawful contact lists, training users, securing accounts, reviewing AI output, monitoring communications, complying with the law, and promptly reporting problems.

Unlawful, deceptive, or abusive use is prohibited. ABI is not liable for losses caused solely by client misuse; this does not remove ABI’s own obligations.

6. AI Assistants and Automated Services

6.1 Purpose of AI Services

AI assistants (including Compassion Concierge) support customer communications: answering FAQs, sharing general funeral-planning or grief-support information, collecting contact details, taking appointment requests, routing to staff, summarizing conversations, and AI-assisted phone calls.

6.2 AI Limitations

AI responses may contain errors or outdated information. AI assistants do not replace licensed funeral directors or medical, mental-health, legal, or emergency professionals. Please verify prices, availability, arrangements, and legal matters with the provider. AI assistants are not for emergencies.

6.3 Client Responsibility for AI Content

Clients supply and review accurate knowledge-base content and decide when human intervention is needed. ABI is not responsible for losses caused solely by inaccuracies in client-supplied content, but remains responsible for its agreed setup, support, and maintenance.

6.4 AI Data and Conversations

Interactions may be recorded, retained, summarized, or reviewed in accordance with our Privacy Policy and applicable agreements. Clients keep rights to their conversation records. ABI will not intentionally use one client’s confidential data to train another client’s assistant without authorization. Third-party AI providers may process data under their own terms.

6.5 Human Assistance

AI supports but does not replace human oversight. Users may request a human where available, and clients must provide human follow-up for matters that require professional judgment.

7. CRM Accounts, Data Ownership, and Access

7.1 Account Administration

ABI may create and manage CRM sub-accounts. Authorized client staff may receive individual logins, and ABI may retain administrative access for maintenance, support, and client requests.

7.2 Client Data

Client records remain the client’s property, subject to law and third-party rights. ABI may process them to perform services. Storage in ABI systems does not transfer ownership.

7.3 Account Security

Clients protect their logins, control staff access, and promptly report suspected unauthorized use. ABI maintains reasonable safeguards; however, no system is risk-free.

8. Data Protection and Privacy

ABI processes personal information in accordance with its Privacy Policy. When ABI processes information for a client, the client generally determines the purposes of that processing. ABI may use third-party providers for hosting, communications, payments, analytics, and AI. A Data Processing Addendum may apply. Each party keeps its own privacy and security obligations.

9. Fees, Payments, and Billing

9.1 Service Fees

Fees are set out in proposals, order forms, checkout pages, or subscription agreements, and may include setup fees, monthly subscriptions, management fees, consulting or audit fees, website development fees, digital product fees, and usage charges.

9.2 Monthly Billing

Recurring fees are billed monthly in advance to the approved payment method unless otherwise stated in writing.

9.3 Usage-Based Charges

SMS/MMS, calls, AI processing, email, and third-party services may incur charges. Clients pay valid charges resulting from authorized activity.

9.4 Payment Methods

We accept credit and debit cards, ACH, bank payments, or other approved methods. Third-party processors may handle payments.

9.5 Failed or Late Payments

ABI may contact the client and allow time to resolve a failed payment. After notice and any applicable grace period, services may be suspended; repeated nonpayment may lead to termination. Late fees apply only if expressly stated and lawful.

10. Subscription Terms and Cancellation

10.1 Subscription Structure

We offer month-to-month subscriptions, negotiated agreements, and one-time purchases. The applicable agreement or checkout terms set the subscription period and renewal.

10.2 Business Subscription Cancellation

Cancellation requires 30 days’ advance written notice to Support@AnotherBrilliantIdea.com. For standard B2B month-to-month plans, cancellation is effective 30 calendar days after receipt, and fees through that date remain payable. Refunds and transition charges follow the written agreement.

10.3 Consumer Subscription Rights

For individual consumers on auto-renewing plans, applicable automatic-renewal, disclosure, refund, and cancellation laws take precedence. Cancellation is available through the enrollment channel or another compliant method.

10.4 Termination by ABI

ABI may suspend or terminate services for material breach, unlawful use, or continued nonpayment (subject to notice and cure), or where law prohibits operation or there is an immediate material security risk. Data transition follows the applicable agreement.

11. Refund Policy

11.1 Consulting and Audits

Completed consultations, audits, training, and similar services are generally nonrefundable unless required by law or otherwise agreed.

11.2 Recurring Services

Subscription refunds are reviewed case by case. Cancellation does not automatically entitle a refund of properly incurred charges.

11.3 Digital Products

Digital products are subject to the refund terms disclosed at purchase and applicable legal rights.

11.4 Money-Back Guarantees

Only offers with a written guarantee qualify, and only for the specific product and stated conditions. There is no general guarantee.

12. Data Export, Off-boarding, and Termination

After termination, clients may request an export of available client-owned data in a reasonably supported format within 30 days of the effective termination date. Transfer of CRM sub-accounts, configurations, automations, AI assistants, or third-party licenses is not automatically included; migration may be offered separately. Retained data follows the Privacy Policy and applicable law, and some records may remain in backups.

13. Marketing and Advertising Services

Results depend on factors outside ABI’s control, such as competition, budgets, platform policies, and client practices. ABI does not guarantee specific leads, appointments, sales, revenue, rankings, engagement, advertising ROI, AI citations, or third-party platform availability. Projections, testimonials, and case studies are not guarantees.

14. Client Content and Approvals

Clients are responsible for the accuracy, legality, and authorization of the content they provide (such as testimonials, photos, and prices) and grant ABI permission to use it to perform the services. Clients review materials within the agreed period. ABI may show completed client work in its portfolio only with permission.

15. SMS, Telephone, and Electronic Communications

15.1 Communications Services

Our services include SMS, email, phone, and automated messaging, such as appointment reminders, inquiry responses, account updates, educational content, marketing promotions, pre-need and aftercare communications, and review requests.

15.2 Messaging Consent

Marketing texts are sent only with legally required consent. Consent is optional and not a condition of purchase. Clients obtain, document, and maintain consent for their own messages; ABI maintains consent practices for its own programs.

15.3 Message Frequency and Charges

Message frequency varies by program. Message and data rates may apply.

15.4 SMS Opt-Out

Reply STOP to opt out and HELP for help. Other reasonable opt-out requests are honored as required by law, and a final confirmation message may be sent.

15.5 Contact for Messaging Support

For messages sent by ABI, contact (951) 356-7711 or Support@AnotherBrilliantIdea.com. For messages sent by a client, contact the identified sender.

15.6 Client Messaging Responsibilities

Clients must obtain consent, use accurate sender identification, maintain compliant lists, honor opt-outs, review content, and follow messaging and advertising laws. ABI may suspend messaging for unlawful messaging, platform violations, carrier restrictions, or significant compliance risk.

15.7 Email Communications

Commercial email must include sender identification, a valid postal address, and a working unsubscribe mechanism.

15.8 Telephone and Call Recording

The responsible party gives required notices and obtains consent for call recording. ABI is responsible for the recording functions and consent mechanisms it expressly configures or operates.

15.9 Mobile Information Privacy

ABI does not sell or rent SMS subscriber lists. Opt-in data and consent records are not shared with third parties or affiliates for their marketing purposes. Authorized service providers may process data to deliver messaging.

16. Third-Party Platforms and Service Providers

Our services rely on independent providers (CRM, hosting, AI, carriers, advertising, and payments) that have their own terms. ABI does not guarantee uninterrupted availability, stable pricing, or continued third-party features. ABI is not responsible for losses caused solely by independent third-party events outside its control, but remains responsible for its own commitments.

17. Service Availability, Maintenance, and Support

ABI uses commercially reasonable efforts to provide its services. Outages may occur due to maintenance, upgrades, technical issues, security events, or network or third-party outages. Response times, uptime commitments, or credits apply only if set out in a written agreement. ABI does not guarantee uninterrupted, error-free operation.

18. Confidentiality

Each party uses reasonable care to protect the other’s confidential business, customer, financial, technical, and operational information, and discloses it only to those with a legitimate need who are bound by confidentiality. This excludes information that is public, independently developed, or lawfully received. Legally required disclosure is permitted with any required notice. Confidential information may not be used for unrelated commercial purposes.

19. Client Indemnification

To the extent permitted by law, the client defends and holds ABI harmless from third-party claims arising from: unlawful use, missing communication consent, unlawful data handling, infringing client content, materially false business information, client staff misconduct, or material breach of compliance duties — only to the extent the client caused the claim.

ABI will give prompt notice and cooperate. No settlement may impose obligations or admissions on ABI without its written consent. Signed agreements control if they differ.

20. Limitation of Liability

20.1 Annual Contract Liability Cap

ABI’s total liability for ordinary breach is capped at the annual contracted amount for the contract year in which the event occurred. The cap applies collectively to all claims under the same agreement.

20.2 Month-to-Month Agreements

Without a stated annual amount, the cap equals 12 times the agreed monthly recurring fee, excluding taxes, pass-through expenses, and variable usage charges unless otherwise stated.

20.3 Exclusion of Certain Damages

To the maximum extent permitted by law, ABI is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, revenue, or opportunities.

20.4 Client Misuse and Independent Third-Party Failures

ABI is not responsible for losses arising solely from client misuse, unlawful use, missing messaging consent, inaccurate client information, unauthorized system changes, independent third-party failures, or unauthorized use resulting from client security failures. This does not excuse ABI’s own breaches.

20.5 Legally Required Exceptions

Nothing limits liability for fraud, willful misconduct, gross negligence, unlawful acts, or where limitation is prohibited by law. Privacy, data-security, and intellectual property claims are subject to the cap only to the extent legally enforceable.

20.6 Payment Obligations

The liability cap does not limit the client’s obligation to pay valid fees.

20.7 Allocation of Risk

Fees reflect the licensed nature of the technology, each party’s responsibilities, and this allocation of risk.

21. Disclaimer of Warranties

Except for obligations in a written agreement, websites and services are provided “as available” to the maximum extent permitted by law. ABI makes no warranty of uninterrupted or error-free service or compatibility with every third-party product. Contracted services are still performed with reasonable care, and non-waivable legal warranties are preserved.

22. Insurance

ABI maintains commercial business insurance, including general liability, subject to policy terms, limits, and exclusions. Insurance does not increase contractual liability limits, and ABI makes no representation that its policies cover every technology, cyber, privacy, or AI risk.

23. Dispute Resolution and Governing Law

These Terms are governed by California law, except where mandatory law requires otherwise. For business contract disputes, the parties will give written notice and spend 30 calendar days attempting good-faith resolution before starting formal proceedings; urgent injunctive relief is allowed. Venue is the state or federal courts serving Riverside County, California, unless otherwise agreed or required. Non-waivable consumer rights are preserved.

24. Force Majeure

Neither party is responsible for delays (other than payment) caused by events beyond its reasonable control, such as natural disasters, utility or network failures, or government restrictions. The affected party will mitigate and resume performance when practical. Payments accrued before the event remain due. Prolonged interruptions are governed by the applicable agreement and law.

25. Changes to Terms and Services

ABI may update these Terms and post them with a revised effective date. Material changes to existing paid agreements follow the agreement and applicable law, including notice or acceptance where required. A website update alone does not amend separately executed agreements where further consent is required.

26. General Provisions

26.1 Entire Agreement

These Terms, together with any accepted order form, subscription agreement, signed proposal, and incorporated documents, form the entire agreement.

26.2 Order of Precedence

A signed agreement or amendment controls for the affected services. A separately executed Data Processing Addendum controls for data processing matters.

26.3 Severability

If any provision is unenforceable, the rest remain in effect to the extent legally permitted.

26.4 No Waiver

Failure to enforce any provision is not a permanent waiver.

26.5 Assignment

Clients may not assign these Terms without ABI’s written consent (not unreasonably withheld where applicable). ABI may assign them in a lawful restructuring, merger, or sale.

26.6 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment, or general agency relationship.

26.7 Electronic Agreements

Agreements may be executed or accepted electronically where permitted by law.

26.8 Survival

Payment, confidentiality, intellectual property, liability limits, dispute resolution, and other obligations that by their nature survive remain in effect after termination.