Master Terms of Service / MSA — AIMarket / OmniReach by JBComm

The primary commercial relationship for AIMarket / OmniReach by JBComm, provided by PCGROUP, LLC.

1. Parties and acceptance

Provider: PCGROUP, LLC (“PCGROUP”), operating the JBComm brand and the OmniReach platform (“JBComm”, “we”, “us”, “our”). AIMarket refers to the related platform and Services provided by JBComm/PCGROUP; the brands are not separate contracting entities.

The Customer is you or the organization you represent. You represent that you have authority to bind that organization. Services are intended for business and professional use. Acceptance must follow a signed agreement or an approved affirmative acceptance process. Publication alone does not constitute acceptance or amend an existing signed agreement.

2. Definitions

Agreement: The accepted Master Terms, applicable Order Forms, incorporated addenda and policies, and any governing signed agreement, subject to section 23.
Order Form: A mutually accepted order or negotiated agreement identifying purchased Services, term, fees, limits, and agreed commercial conditions.
Services: AIMarket, OmniReach by JBComm, this website, and related services made available by PCGROUP, LLC under the applicable Agreement. Descriptions apply only where enabled and contracted.
Customer: The person or organization entering the Agreement. “You” and “your” refer to that Customer.
Authorized User: A person authorized by the Customer to use Services on its behalf, within assigned permissions.
Customer Data: Data submitted by or on behalf of the Customer or processed for it through Services, including Customer Content and tenant-specific AI Input, AI Output, and Tenant Intelligence. This definition does not transfer third-party source rights.
Customer Content: Customer-provided messages, documents, files, notes, recordings, campaign materials, portal submissions, tickets, and other content, forming part of Customer Data.
Personal Data: Information about an identified or identifiable person, and other information treated as personal data or personal information by applicable Data Protection Law.
Customer Personal Data: Personal Data within Customer Data processed on the Customer’s behalf. Independent Operational Data is addressed separately.
Prospect Data: Business, professional, company, and contact information used for opportunity research or prospecting; it may contain Personal Data and third-party licensed information.
Enriched Data: Information added to or used to update business or contact records through authorized sources. It can remain Personal Data and is not permission to contact a person.
AI Input: Instructions, prompts, content, or other information supplied or authorized for an enabled AI function.
AI Output: Summaries, generated text, classifications, recommendations, or other AI results, which may be inaccurate, incomplete, or non-unique.
Tenant Intelligence: Customer-specific context, information, and business insights developed from Customer Data for that Customer’s enabled Services. Identifiable or customer-specific intelligence remains Customer Data.
Usage Data: Use, performance, activity, and service-administration information. Permitted use and role depend on purpose; identifiable information remains Personal Data and customer-specific content remains Customer Data.
Derived Data: Aggregate or de-identified service statistics that neither identify nor reasonably permit identification of a person or Customer and do not reveal Customer Content, Prospect Data, or customer-specific business intelligence. A summary, inference, or pseudonymous identifier is not by itself Derived Data.
Operational Data: Information processed for our own lawful administration, such as our customer account and billing records, website requests, and necessary security records; this does not convert all tenant information into independently usable data.
Third-Party Service: An external service, information source, integration, or product. A Customer-selected independent service is not necessarily our Subprocessor.
Subprocessor: A third party we engage to process Customer Personal Data on our behalf when we act as processor or service provider.
Communications Services: Supported voice, SMS, email, contact-center, and related business communication functions.
Data Protection Law: Privacy, data protection, or data security law actually applicable to the relevant processing. Naming a law does not make it universally applicable.
Documentation: Instructions and materials we supply for enabled Services; they do not promise unreleased capabilities or override the Agreement.

3. Access and customer responsibilities

During the applicable subscription, the Customer and Authorized Users may access purchased Services for lawful business purposes within agreed limits. No right to resell or transfer account access is implied. Permitted client-portal access is included only where contracted. You are responsible for lawful business practices, data, instructions, permissions, and compliance with the Acceptable Use & Communications Policy.

The Services may include compliance-oriented features, guidance, or templates. They are provided for convenience only and are not legal advice. You are solely responsible for ensuring your use complies with all applicable laws and carrier policies (including but not limited to TCPA, telemarketing rules, consent requirements, and do-not-call obligations).

4. Subscriptions and Order Forms

The applicable Order Form or accepted written agreement identifies purchased Services, term, fees, usage allowances, renewal, and cancellation terms. An invoice may evidence agreed charges but does not by itself introduce unaccepted renewal or cancellation obligations. Automatic renewal and recurring charging apply only as agreed and lawfully authorized, with required disclosures and cancellation methods.

Service areas include Prospect, VCC, Portfolio, and CSSM — Client Subscription Service Manager, plus enabled AI assistance and integrations. Availability may vary by subscription, tenant configuration, geography, provider availability, contract, or plan. Public descriptions do not promise release or inclusion of every feature. Service-Specific Terms apply only to contracted, enabled capabilities.

5. Accounts and Authorized Users

You must maintain accurate account information, protect credentials, assign appropriate permissions, and manage Authorized Users and permitted portal users. You are responsible for account activity and ensuring these users follow the Agreement. Notify us promptly of suspected unauthorized access or compromised credentials.

Data and enabled AI access and actions depend on assigned permissions and tenant policies. Authorization does not waive our own legal or contractual obligations.

6. Customer Data ownership and limited rights

The Customer retains ownership of Customer Data and Customer Content. We receive no ownership interest in identifiable customer/prospect information, Tenant Intelligence, or customer-specific business intelligence. Third-party information remains subject to its source rights; access does not transfer rights its source did not grant.

You grant us only rights reasonably necessary to provide, secure, maintain, and support Services, perform authorized AI functions, comply with law, and prevent abuse or security threats. Personnel and processing suppliers may exercise those rights only for the permitted purpose under appropriate confidentiality, processing, and AI-use restrictions. This is not a general license to commercialize your data or train shared models.

You represent you have all rights and permissions required to upload and use Customer Data and to contact any recipients. You are responsible for backups of Customer Data unless a paid backup/add-on explicitly states otherwise in writing. That responsibility does not waive our applicable DPA obligations.

Identifiable Usage Data remains protected. Derived Data must meet the narrow definition, applicable de-identification requirements, and restrictions against disclosure or re-identification. The AI & Data Use Addendum governs tenant-specific AI and shared-model use.

7. Privacy and data roles

Roles depend on the purpose of each activity. We generally act as processor or service provider for Customer Personal Data processed on the Customer’s behalf through its tenant. We may act as an independent controller or business for our own account administration, billing, security, fraud and abuse prevention, legal compliance, service administration, website visitors, and business contacts. Prospect or enrichment activities may involve separate-controller relationships where the facts and applicable law support that allocation.

The Data Processing Addendum applies to processing on the Customer’s behalf. The Privacy Policy distinguishes independent operations. Actual facts and law control roles; independent Prospect/enrichment activity requires an assessed allocation and appropriate separate data-sharing terms. The DPA is not permission for unrelated reuse.

8. Fees and usage billing

Fees, plan limits, and any included usage are defined in your order form, invoice, or written agreement with JBComm/PCGROUP. You will pay agreed amounts on the agreed schedule. Charges may include recurring, seat-based, usage-based, agreed prepaid balances/credits, and agreed third-party pass-through charges. Authorized automated activity may incur agreed usage charges.

Relevant usage units, periods, credit conditions, and minimum commitments must be agreed. Genuine reporting or billing errors, including late usage, may be corrected on a documented contractual and lawful basis. Use the agreed dispute process or legal contact for questions; undisputed agreed charges remain due.

Credit expiry, refunds, late fees, dispute deadlines, and non-cancellable commitments apply only as agreed and lawful. No blanket no-refund rule or conflicting refund schedule is added. Non-payment may result in suspension or termination.

9. Taxes and surcharges

You are responsible for applicable taxes, fees, carrier surcharges, and third-party pass-through costs unless prohibited by law. Pass-through charges must have an agreed basis. Nothing shifts taxes law requires us to bear. Support applicable exemptions as required by law.

Taxes and invoices for your own customers are separate from platform fees; CSSM Service Terms allocate those responsibilities.

10. Third-Party Services

Enabled integrations may include productivity, communications, AI, business-information, payment, tax, or accounting services. You are responsible for independent third-party accounts, permissions, connections you authorize, and applicable third-party terms. Availability may depend on them.

An independent integration and our Subprocessor may have different roles. Connection authorization does not waive our outsourced-processing duties. Third-party terms do not silently override the AI training restriction.

11. Intellectual property

JBComm/PCGROUP and its licensors retain rights in Services, software, interfaces, designs, trademarks, Documentation, workflows, models, derived platform technology, and proprietary materials. You receive only contracted use rights.

This reservation excludes your Customer Data, Customer Content, Tenant Intelligence, and identifiable customer/prospect information. AI Output rights follow the AI Addendum and third-party rights. The AUP retains restrictions on scraping, probing, reverse engineering, and bypassing security.

12. Confidentiality

Each party must protect the other’s nonpublic information marked or reasonably understood as confidential, including Customer Data and company proprietary materials. Use is limited to the Agreement’s purposes. Apply at least reasonable care and disclose only to recipients needing it for those purposes under appropriate confidentiality duties.

Exceptions cover information demonstrably public without breach, lawfully known without restriction, independently developed without using confidential information, or lawfully received without restriction. Compelled disclosure is limited to what law requires, with notice where legally permitted. Duties continue while information remains confidential; privacy/DPA duties continue as applicable. Expressly negotiated confidentiality agreements control their subject matter.

13. Authority and representations

Each party represents its authority to enter the Agreement. You represent that your data, instructions, use, communications, and payment authorizations have required rights, permissions, and lawful basis. No new service-performance warranty is created; expressly negotiated warranties remain governed by their signed agreement.

14. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
JBComm/PCGROUP DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee deliverability, answer rates, outcomes, revenue, compliance results, or carrier approval.

Applicable AI and service limitations do not create guaranteed accuracy, conversion, settlement, or legal compliance.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBComm/PCGROUP WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBComm/PCGROUP’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID JBComm/PCGROUP FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

16. Indemnification

You will indemnify and hold harmless JBComm/PCGROUP from claims, damages, penalties, fines, costs, and expenses (including attorneys’ fees) arising from: (a) your use of the Services, (b) your communications content, (c) your violation of laws/carrier policies, or (d) your Customer Data rights/permissions.

17. Availability and service changes

The Services are provided on an “as available” basis. Outages, maintenance, carrier changes, third-party failures, and network issues may occur.
We may change, suspend, or discontinue portions of the Services at any time.

These rights do not override expressly negotiated signed commitments or mandatory law. Only a separately agreed service level creates an uptime/support commitment. Documentation does not guarantee a future capability.

18. Suspension and enforcement

We may suspend or terminate access immediately for suspected violations, risk to carriers, or risk to JBComm/PCGROUP. Additional grounds include nonpayment, security threats, unlawful use, material breach, abuse, and required provider enforcement. You must stop prohibited activity and cooperate with appropriate correction.

Express agreed notice/cure requirements and mandatory law control where applicable. No general new cure period is created; suspension does not cancel accrued or otherwise agreed fees.

19. Term and termination

You may stop using the Services at any time. Stopping use does not itself cancel an agreed subscription or payment commitment; follow accepted cancellation/non-renewal terms and law.

We may suspend or terminate for violations, risk, legal compliance concerns, non-payment, or carrier enforcement actions. Any additional notice, cure, or termination rights come from the signed agreement or mandatory law. No automatic renewal, cancellation charge, or accelerated fee is introduced.

20. Effects of termination and survival

When access ends, stop using affected Services. Accrued fees and agreed obligations remain due. Return/deletion follows the DPA and agreed exit arrangements, without an invented export window or retention period. Your backup responsibilities remain.

Ownership, data-handling restrictions while data remains held, confidentiality, accrued payments, disclaimers, liability, indemnity, governing law, precedence, and terms that by purpose must continue survive as applicable. Termination does not extinguish applicable privacy rights or processing duties.

21. Governing law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles, unless a separate written agreement states otherwise.

22. Notices and legal contact

For questions about these Terms, contact: sales@jbcomm.net. Follow any signed agreement’s notice provisions. Otherwise send written legal notices to that existing address; Customer notices may use its designated contract/account contact. No deemed-receipt rule is created.

Privacy and security questions may use the same route identifying the topic. Do not send passwords or payment credentials. Applicable privacy-request channels and contact requirements remain subject to applicable law and the Privacy Policy.

23. Hierarchy and signed agreements

If you have a separate signed agreement with JBComm/PCGROUP (e.g., MSA/SOW), that agreement may supersede portions of these Terms.

Expressly negotiated terms and their conflict rules control addressed matters. An Order Form’s commercial choices do not silently replace negotiated privacy, security, or AI protections. For incorporated documents where a signed conflict rule does not provide otherwise, precedence is:

1. Executed Order Form or negotiated agreement for commercial terms and express amendments.
2. Service-Specific Terms for their applicable service subject matter.
3. DPA for Personal Data processing.
4. AI & Data Use Addendum for AI/data-use matters.
5. Acceptable Use & Communications Policy.
6. Master Terms.
7. Documentation.

Subject-matter limits apply: the DPA controls Customer Personal Data processing over standard service terms; the AI training restriction cannot be diluted by generic service-improvement language. Privacy notices do not override contracted use limits. Mandatory law and completed binding transfer terms retain required priority. A website update or lower-ranked document cannot amend an expressly negotiated signed term without the agreed process.

24. Entire agreement and general provisions

Once accepted, the Agreement contains the agreed terms and only actually incorporated documents. It does not replace an existing signed agreement without an effective amendment. Changes follow the applicable amendment/notice process; publication alone is not acceptance. Invalid provisions are addressed only as necessary under law without disturbing remaining valid provisions. Failure to enforce once does not alone waive future rights.

To the extent performance is prevented by events beyond reasonable control, neither party is liable for the resulting delay or inability to perform. The affected party must reasonably limit effects and notify when practicable. This does not excuse payment already due, avoidable security failures, or non-excludable privacy duties. Signed force-majeure terms control.