This website requires JavaScript to function properly. Please enable JavaScript to continue.

Terms of Service for ADJ Studios LLC

Effective Date: 1/1/2025

These Terms of Service ("Terms") govern your access to and use of CINCH ("the App") provided by ADJ Studios LLC ("we", "our", or "us"). By using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Acceptance of Terms

By downloading, installing, or using the App, you agree to these Terms. We may update these Terms and notify you of any material changes via the App or email at least thirty (30) days in advance, unless immediate changes are needed for legal or operational reasons. Your continued use after updates means you accept them.

2. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent that you meet this requirement and are capable of entering into a binding agreement.

3. User Account

To use certain features, including SMS capabilities, you may need to create an account. You are responsible for keeping your login details confidential and must notify us immediately at contact@adj-studios.com if you suspect unauthorized use.

4. License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal or business purposes, subject to compliance with these Terms and applicable laws.

5. User Conduct and SMS Compliance

You agree not to use the App, including its SMS features powered by Twilio, to:

  • Transmit illegal, harmful, offensive, or unsolicited content, including spam or phishing messages.
  • Disrupt, impair, or overload the App or Twilio's services.
  • Send messages without prior express written consent from recipients, where required by law (e.g., TCPA in the U.S.).
  • Transmit harmful code, viruses, or malware.
  • Engage in fraudulent, deceptive, or abusive messaging practices.
  • Violate telecommunications laws, carrier requirements, or Twilio's Acceptable Use Policy and Messaging Policy.

You must obtain and document consent for SMS communications, provide clear opt-out options (e.g., "STOP" to unsubscribe), and comply with all applicable regulations.

6. Data Collection and Use

Refer to our Privacy Policy for details on how we handle personal data, including phone numbers for SMS features. Your use of the App signifies consent to this data processing.

7. Intellectual Property

All rights to the App, including software, content, and SMS functionality, are owned by ADJ Studios LLC or our licensors (e.g., Twilio). You may not copy, modify, or distribute the App without our written permission.

8. AI Model and Content

The AI-generated content, including SMS drafts, may not always be accurate or reliable. You use it at your own risk and are responsible for ensuring SMS compliance.

9. Third-Party Services

We are not responsible for third-party services like Twilio's SMS API linked within the App. Your use of such services through CINCH is subject to their terms and policies.

10. Termination

We may suspend or terminate your access to the App, including SMS features, without notice if you violate these Terms, Twilio's policies, or applicable laws, or if we need to protect our rights or other users.

11. Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, express or implied (e.g., merchantability or fitness for purpose). We do not guarantee message delivery or uninterrupted service.

12. Limitation of Liability

We are not liable for any indirect, incidental, or consequential damages (e.g., lost profits) arising from your use of the App or SMS features. Our liability is limited to the amount you paid us for the App in the prior twelve (12) months.

13. Indemnification

You agree to indemnify ADJ Studios LLC and its affiliates against any claims, damages, or costs (including legal fees) arising from your use of the App, SMS violations, or breach of these Terms.

14. Governing Law

These Terms are governed by the laws of Florida, United States. Disputes shall be resolved through binding arbitration in Florida under the American Arbitration Association rules, except for injunctive relief sought in court.

15. Severability

If any provision is found unenforceable, the rest of the Terms remain in effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and ADJ Studios LLC, including any referenced policies.

17. Contact Information

ADJ Studios LLC
Email: contact@adj-studios.com