Terms of Service

Effective Date: February 28, 2026

By using our services, you also agree to our PRIVACY POLICY.

These Terms of Service (“Terms”) govern your access to and use of services provided by Alishia Nugent d/b/a Refined MOXIE (“Refined MOXIE,” “Company,” “we,” “us,” or “our”), located at:

3151 Delaware Dr
Denver, NC 28037
Email: [email protected]

By accessing our website, purchasing services, or using any platform provided by Refined MOXIE, you agree to be bound by these Terms.

If you do not agree, you may not use our services.

1. Nature of Services

Refined MOXIE provides:

White-labeled CRM and automation systems

AI-powered marketing and workflow automation

Done-for-you automation builds

Consulting and implementation services

Subscription-based software access via third-party providers

Services may rely on third-party software platforms, APIs, and hosting providers.

Refined MOXIE does not own or control all underlying infrastructure and does not guarantee uninterrupted availability of third-party systems.

2. Business Use Only

Services are intended for business users only. By using our services, you represent that:

You are at least 18 years old

You have authority to bind your business

You will use services for lawful business purposes

3. Account Provisioning & Security

Accounts are provisioned by Refined MOXIE.

You are responsible for:

Maintaining confidentiality of login credentials

All activity under your account

Immediately notifying us of unauthorized use

We may suspend or terminate accounts for misuse or violation of these Terms.

4. Fees, Billing & Payment Terms

4.1 Subscription Fees

Subscription fees are billed in advance on a recurring basis as agreed.

4.2 Setup & Build Fees

Setup fees and automation build fees are due as agreed and are earned upon commencement of work.

4.3 No Refund Policy

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE.

This includes but is not limited to:

Subscription fees

Setup fees

Build fees

Consulting fees

Because services involve immediate allocation of resources, labor, software provisioning, and third-party costs, refunds are not provided under any circumstances.

5. Chargeback & Payment Dispute Policy

Initiating a chargeback or payment dispute without first contacting Refined MOXIE constitutes a material breach of these Terms.

You agree that:

Chargebacks are improper where services have been delivered or access has been granted

You will contact [email protected] to resolve disputes before initiating any chargeback

We may suspend services immediately upon notice of a chargeback

You are responsible for all chargeback fees, administrative costs, and collection expenses

We reserve the right to pursue recovery of unpaid amounts, including legal or arbitration costs where permitted.

6. Cancellation

You may cancel your subscription at any time.

Cancellation:

Takes effect at the end of the current billing cycle

Does not entitle you to a refund

Does not relieve you of outstanding payment obligations

Upon termination, access to the platform may be revoked.

Clients may request export of available data prior to account closure.

7. Communications & Mobile Messaging Consent

7.1 Consent to Electronic Communications

By using our services, you consent to receive electronic communications from Refined MOXIE, including email, platform notifications, and SMS text messages related to your account and services.

7.2 SMS & Text Messaging

If you provide your mobile phone number and opt in, you expressly consent to receive recurring text messages from Refined MOXIE, which may include:

Account notifications

Appointment reminders

Service updates

Automation alerts

Promotional or marketing messages (if applicable)

Message frequency varies based on account activity and services used.

Message and data rates may apply according to your wireless carrier plan.

7.3 Opt-Out Instructions

You may opt out of SMS communications at any time by replying:

STOP

You may receive a confirmation message after opting out.

For assistance, reply:

HELP

or contact us at:
[email protected]

7.4 Consent Not Required for Purchase

Consent to receive automated marketing text messages is not a condition of purchasing any goods or services.

7.5 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

7.6 Mobile Information Sharing

Mobile phone numbers and SMS consent information will not be shared, sold, rented, or disclosed to third parties or affiliates for their marketing or promotional purposes.

We may share information with service providers solely to facilitate messaging delivery.

7.7 Record of Consent

We maintain records of SMS consent as required by applicable telecommunications regulations.

8. Data Ownership & Export

You retain ownership of your business data.

Upon written request prior to termination, we will provide a reasonable export of available data in a commercially standard format, subject to technical limitations of third-party platforms.

We are not responsible for data retained or deleted by third-party providers.

9. AI System Disclosure & Limitation

You acknowledge that:

AI-generated outputs are probabilistic

Outputs may contain inaccuracies or incomplete information

AI may reflect bias or unintended results

AI systems should not be relied upon without independent human review

Refined MOXIE does not guarantee:

Business results

Revenue increases

Compliance outcomes

Marketing performance

You are solely responsible for reviewing and approving all automation, messaging, and AI outputs before deployment.

10. No Professional Advice

Services do not constitute:

Legal advice

Financial advice

Tax advice

Regulatory compliance advice

You are solely responsible for ensuring compliance with all applicable laws.

11. Acceptable Use

You may not use the services to:

Violate any law or regulation

Send spam or unsolicited communications

Commit fraud or deceptive practices

Harass or harm others

Infringe intellectual property rights

Generate unlawful content

Circumvent system safeguards

Provide unauthorized legal, financial, or medical advice

Violation may result in immediate suspension or termination without refund.

12. Third-Party Services

Our services rely on third-party platforms, including white-labeled software providers.

We are not responsible for:

Third-party outages

API failures

Platform downtime

Data loss caused by third-party systems

Changes in third-party functionality

Your use of third-party systems may also be subject to their terms.

13. Intellectual Property

You retain ownership of your business data.

Refined MOXIE retains ownership of:

Automation frameworks

Prompt systems

Templates

Methodologies

Internal processes

Branding and proprietary materials

No transfer of ownership occurs unless expressly agreed in writing.

14. Indemnification

You agree to indemnify and hold harmless Refined MOXIE from claims, damages, losses, or expenses arising out of:

Your misuse of services

Your business operations

Your customer communications

Regulatory violations

Content you upload or deploy

15. Limitation of Liability

To the fullest extent permitted under North Carolina law:

Refined MOXIE’s total liability shall not exceed the lesser of:

The amount paid by you in the preceding three (3) months; or

$2,500

Refined MOXIE shall not be liable for:

Lost profits

Business interruption

Indirect damages

Consequential damages

Loss of data caused by third-party platforms

16. Sole Proprietorship Status

Refined MOXIE is a sole proprietorship owned and operated by Alishia Nugent.

Nothing in these Terms creates personal guarantees beyond services rendered.

Liability is strictly limited as stated herein.

17. Force Majeure

Refined MOXIE is not liable for delays or failure to perform due to events beyond reasonable control, including:

Internet outages

Platform failures

Cyber incidents

Natural disasters

Government action

18. Binding Arbitration

Any dispute arising from these Terms or the services shall be resolved exclusively through binding arbitration in the State of North Carolina under the rules of the American Arbitration Association.

You agree:

Arbitration is individual only

No class actions

No jury trial

Each party bears its own legal fees unless otherwise awarded

Judgment on the award may be entered in any court of competent jurisdiction.

19. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.

20. Modifications

We may update these Terms at any time.

Continued use of services constitutes acceptance of updated Terms.

21. Contact Information

Refined MOXIE
3151 Delaware Dr
Denver, NC 28037
[email protected]