Terms of Service

1.Acceptance of Terms

By creating an account, selecting a service plan, or using any services provided by Crankshaft, an Arizona company ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, do not create an account or use our services. These Terms, together with any plan selections and configurations made through your account dashboard, constitute the entire agreement between you and Crankshaft with respect to the services described herein.

2.Description of Services

Crankshaft operates a proprietary, AI-powered live transfer platform designed to deliver pre-screened, high-intent Final Expense insurance sales calls to licensed insurance agents and agencies. We deliver qualified live transfers ("Leads" or "Calls") sourced from consumer-initiated, opt-in web leads generated via SEO-driven websites or paid social media advertising. Our proprietary AI-powered tools and trained human agents verify compliance, quality, and consumer intent prior to each transfer.

3.Quality Standards & Qualification Criteria

3.1 Call Sourcing & Verification

All Calls are sourced from our own call centers and/or a network of pre-approved publishers. Outside publishers are contractually bound by Crankshaft's terms, including ad copy approval, script approval, and commitment to compliant operations. All consumer data is derived from consumer-initiated, opt-in web leads originating from SEO-driven websites or paid social media advertising conducted in compliance with applicable advertising regulations.

3.2 TCPA Compliance

All Calls are verified for compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all applicable federal and state telecommunications regulations. Specifically:

• The phone number associated with every Call is checked against both the National Do Not Call (DNC) Registry and applicable State DNC/TCPA registries prior to transfer.
• Where a consumer's number appears on the DNC list, verification is performed via Jornaya LeadID or TrustedForm to confirm prior express written consent as defined under 47 C.F.R. §64.1200.

3.3 Pre-Transfer Qualification Criteria

Prior to any transfer, our AI-powered system and trained call center agents verify the following twelve (12) qualification criteria with a target accuracy rate of 98% or greater. A Jornaya LeadID or TrustedForm certificate is provided for each transferred Call.

3.4 Fraud & Intent Screening

We employ a secondary layer of AI-driven quality assurance and fraud detection. Calls exhibiting any of the following indicators are blocked prior to transfer: fraudulent or coached responses; rehearsed scripts or suspected serial litigant behavior; AI-generated or synthetic voice patterns; and hostile, combative, or non-genuine consumer behavior.

4.Client Configuration

You may specify and modify the following transfer parameters through the Crankshaft web or mobile application. We will make commercially reasonable efforts to adhere to your specified criteria:

• Maximum daily and weekly call volume
• Licensed states
• NPN number(s)
• Primary phone number (for receiving calls)
• Secondary phone number (for administrative use)
• Availability schedule

5.Dashboard & Reporting

The following are available to you via the Crankshaft Agency Dashboard:

• CSV Downloads: Full access to all client information and call data in exportable format.
• Call Routing Log: Comprehensive date/time stamps and routing information for every transferred Call.
• Call Recordings: Full-length recordings of all Calls, available for download and secure storage.

6.Pricing & Payment

6.1 Service Plans

You will select a service plan through your account dashboard. Only Calls exceeding two (2) minutes in duration are considered billable transfers. Current plans are as follows:

Low-State — Licensed in fewer than 15 states

High-State — Licensed in more than 15 states

We reserve the right to modify pricing at any time. Existing plan commitments will be honored through their current billing cycle.

6.2 Payment Terms

One-time payments are due in full prior to commencement of services and are non-refundable except as expressly provided herein.

All payments are final upon processing. No refunds will be issued except for Calls that demonstrably fail to meet the qualification criteria specified in Section 3, as determined by Crankshaft in its reasonable discretion.

Financing may be available through third-party providers (e.g., Affirm, Klarna, Afterpay). Third-party financing terms are governed solely by the applicable provider's terms and conditions.

7.Disclaimers & Warranties

7.1 No Guarantee of Sale

7.2 Regulatory Compliance

Crankshaft represents and warrants that all Calls and Leads are sourced and verified in compliance with all applicable federal and state laws, including but not limited to: the TCPA (47 U.S.C. §227 et seq.); the TSR (16 C.F.R. Part 310); applicable DNC regulations; the CAN-SPAM Act (15 U.S.C. §7701 et seq.); and all applicable state consumer protection statutes.

7.3 HIPAA Compliance

Crankshaft maintains processes and procedures designed to comply with HIPAA, as amended, including through secure data handling, encrypted storage, and recorded conversations. You acknowledge and agree to maintain your own HIPAA compliance for any Protected Health Information (PHI) received from or through our services. See our Privacy Policy for details.

7.4 Disclaimer of Warranties

8.Limitation of Liability

Exception — TCPA/DNC Liability: Notwithstanding the foregoing, Crankshaft assumes liability for DNC and TCPA compliance with respect to the pre-transfer qualification process. Crankshaft shall be responsible for court-ordered fines or penalties imposed on you resulting directly and solely from our failure to verify a consumer's telephone number against applicable DNC/TCPA registries and/or failure to verify a Jornaya LeadID or TrustedForm record prior to transfer.

9.Indemnification

9.1 Your Indemnification of Crankshaft

You shall indemnify, defend, and hold harmless Crankshaft and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with:

• Your use of the Leads following transfer;
• Your breach of these Terms;
• Your failure to comply with applicable laws after the live transfer has been completed; or
• Any misrepresentation made by you in connection with these Terms.

9.2 Crankshaft's Indemnification of You

Crankshaft shall indemnify, defend, and hold harmless you and your officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising directly from our failure to comply with TCPA and DNC verification obligations as set forth in Section 3.2.

10.Confidentiality

Each party agrees to: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information solely for performing under these Terms. Confidential Information includes business plans, client lists, consumer data, pricing, technology, and trade secrets. This obligation survives termination for a period of two (2) years.

11.Term & Termination

11.1 Term

These Terms are effective from the date you first accept them and remain in effect until all purchased Calls have been delivered, or until terminated by either party.

11.2 Termination

Either party may terminate: (a) for convenience upon thirty (30) days' prior written notice; or (b) immediately upon written notice if the other party materially breaches any term and fails to cure within fifteen (15) days after written notice.

11.3 Effect of Termination

Upon termination: (a) your right to receive further Calls ceases immediately; (b) all unpaid amounts for Calls already delivered become immediately due; (c) pre-paid amounts for undelivered Calls are subject to our refund policy at our sole discretion; and (d) Sections 7, 8, 9, 10, 12, and 13 survive termination.

12.Dispute Resolution

12.1 Negotiation

The parties shall first attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice.

12.2 Mediation

If unresolved, the parties agree to non-binding mediation administered by a mutually agreed-upon mediator in Maricopa County, Arizona.

12.3 Binding Arbitration

If mediation is unsuccessful, disputes shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) in Maricopa County, Arizona.

13.Governing Law & Jurisdiction

These Terms shall be governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona.

14.Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or dashboard notice at least thirty (30) days before the changes take effect. Continued use after the effective date constitutes acceptance of the revised Terms.

15.General Provisions

15.1 Force Majeure

Neither party shall be liable for failure or delay resulting from causes beyond reasonable control, including acts of God, natural disasters, pandemics, government actions, telecommunications failures, or cyberattacks.

15.2 Independent Contractors

The parties are independent contractors. Nothing herein creates a partnership, joint venture, agency, or employment relationship.

15.3 Assignment

Neither party may assign these Terms without prior written consent, except that Crankshaft may assign to a successor in connection with a merger, acquisition, or sale of substantially all assets.

15.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15.5 Waiver

No waiver of any term shall be deemed a further or continuing waiver, and failure to assert any right shall not constitute a waiver.

15.6 Notices

Notices shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by overnight courier. Notices to Crankshaft: 14415 N 41st Pl, Phoenix, AZ 85032 or legal@crankshaft.ai.

15.7 Entire Agreement

These Terms, together with any plan selections and configurations made through your account, constitute the entire agreement between you and Crankshaft and supersede all prior agreements relating to such subject matter.