Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICE OPERATED BY PROSPECTMINER, LLC d/b/a TOTALAUTOMATION.AI. By accessing or using our website, submitting any form, calling any number associated with our services, or engaging with any system or service we operate, you agree to be bound by these Terms of Use in their entirety. If you do not agree, do not use our services.

Primary Method of Contact

ProspectMiner, LLC communicates with all users, clients, and third parties regarding matters arising under these Terms exclusively by postal mail. All legal notices, opt-out requests, dispute notices, and formal correspondence must be sent to:

Allow a minimum of 30 calendar days for a written response. We are not obligated to respond to notices submitted by email, telephone, or other electronic means unless required by law.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and ProspectMiner, LLC, a Nevada limited liability company doing business as TotalAutomation.ai. They govern your access to and use of our websites (including totalautomation.ai and any associated domains), landing pages, lead capture forms, automated systems, AI-powered calling platforms, workflow automation services, managed infrastructure services, document generation services, and any other service or product we offer (collectively, the "Services").

By accessing or using any Services, you affirm that you are at least 18 years of age, have legal capacity to enter into binding contracts, and agree to be bound by these Terms. If using the Services on behalf of a business, you represent and warrant that you have authority to bind that entity.

2. Description of Services

• Lead generation, intake, qualification, and distribution systems
• Automated workflow orchestration using n8n and related platforms
• CRM integration and management using GoHighLevel and related platforms
• AI-powered outbound voice calling using Bland.ai and related services
• TCPA compliance infrastructure including consent management, DNC scrubbing, and litigator screening
• Database architecture and redundant data storage using Supabase and related platforms
• Meta Conversions API (CAPI) integration for advertising attribution
• Real-time monitoring and alerting services
• Document intelligence and automated document generation services
• Website creation and search engine optimization services
• Managed automation services on a subscription basis

We reserve the right to add, modify, suspend, or discontinue any Service at any time, with or without notice.

3. Eligibility and Restrictions

3.1 Age Requirement

You must be at least 18 years of age. We do not knowingly collect information from individuals under 18.

3.2 Geographic Restrictions

Our Services are intended for use by residents and businesses located within the United States.

3.3 Prohibited Uses

• Any purpose that violates federal, state, or local law
• Submitting false, misleading, or fraudulent information
• Impersonating any person or entity, or falsely claiming an affiliation
• Attempting to gain unauthorized access to our systems, networks, or data
• Interfering with or disrupting the integrity or operation of our Services
• Scraping, harvesting, or extracting data without express written authorization
• Transmitting any malicious code, virus, or disruptive technology
• Submitting fraudulent or inaccurate opt-out or suppression list requests
• Infringing the intellectual property rights of the Company or any third party
• Any commercial purpose not expressly authorized by a written agreement

4. Consent to Contact — TCPA and Telemarketing Disclosures

4.1 Prior Express Written Consent

By submitting your telephone number through any form, survey, or landing page operated by or on behalf of ProspectMiner, LLC, you provide your prior express written consent (as defined by the TCPA, 47 U.S.C. § 227, and 47 C.F.R. § 64.1200) to be contacted by ProspectMiner, LLC and its subscriber clients at the telephone number you provide, including by:

• Automatic telephone dialing systems (autodialers)
• Artificial or prerecorded voice messages
• Text messages sent using automated systems
• AI-powered voice calling systems

Consent to be contacted is not a condition of purchasing any product or service. You may revoke consent at any time using the procedures in Section 4.3.

4.2 Consent Documentation

Your consent — including the disclosure language reviewed, IP address, timestamp, and a session replay — is independently certified by TrustedForm or a comparable third-party service and constitutes a court-admissible record. Consent records are retained for a minimum of five (5) years.

4.3 Opt-Out Procedures

• Send STOP, QUIT, CANCEL, UNSUBSCRIBE, or END to the number from which you received a text message
• Verbally request to be placed on the do-not-call list during any call with our systems or agents
• Send a written opt-out by postal mail to our address above, including your full name and the telephone number to be removed

We will add your number to our internal DNC list within five (5) seconds (electronic) or 30 days (postal mail). A final transactional confirmation message may be sent.

4.4 Call Recording Consent

Calls made to or from our AI-powered calling systems may be recorded for compliance, quality assurance, and documentation. In all-party-consent states, you will be informed at the outset; continuation constitutes consent.

4.5 Calling Hours

Outbound calls placed only between 8:00 AM and 8:00 PM local time of the called party, plus any more restrictive state law.

5. Business Client Terms

This section applies to businesses and individuals who engage ProspectMiner, LLC as a managed automation service provider. In any conflict with a separately executed service agreement, the service agreement controls.

5.1 Subscriber Compliance Obligations

• Comply with all applicable federal and state telemarketing, privacy, and consumer protection laws (TCPA, TSR, CAN-SPAM, state laws)
• Use consumer contact information solely for the purposes disclosed in the consumer's consent
• Maintain records of all communications with consumers as required by law
• Honor all opt-out and DNC requests immediately upon notification
• Not share, sell, or transfer consumer data received through our systems to unauthorized third parties
• Execute and comply with the Subscriber Compliance Addendum, incorporated by reference

5.2 Indemnification by Business Clients

Each business client agrees to indemnify, defend, and hold harmless ProspectMiner, LLC and its officers, members, managers, employees, contractors, and agents from any claims arising from (a) the client's use of leads, contacts, or data; (b) the client's violation of any law; (c) the client's independent communications with consumers; or (d) any misrepresentation by the client.

5.3 Infrastructure Ownership

All automation infrastructure, workflows, database schemas, and systems built by the Company on behalf of a business client using the client's own accounts and credentials are owned by the business client. Proprietary methodologies, workflow templates, compliance frameworks, and document templates remain Company IP, subject to a non-exclusive license to the client during the active engagement.

5.4 Setup Fees and Subscription Terms

Setup fees are non-refundable once work has commenced. Monthly subscription fees are billed in advance and non-refundable except as expressly provided in a service agreement. Either party may terminate with 30 days written notice by postal mail. The Company may suspend services for non-payment with 10 days written notice.

6. Intellectual Property

6.1 Company Intellectual Property

All content, materials, software, systems, methodologies, trade secrets, workflow designs, compliance frameworks, document templates, and other proprietary information ("Company IP") are the exclusive property of the Company and are protected by U.S. and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access publicly available content for personal, non-commercial use or for evaluating the Services as a business client.

6.2 Restrictions

• Copy, reproduce, distribute, display, or create derivative works of any Company IP
• Reverse engineer, disassemble, or decompile any Company software or system
• Remove or alter any copyright, trademark, or proprietary notice
• Use any Company trademark, trade name, or logo without express written authorization
• Frame or mirror any portion of our websites or incorporate our content into any other product

6.3 User-Submitted Content

By submitting information, content, or data through our forms or systems, you grant the Company a worldwide, royalty-free, perpetual, irrevocable license to use, store, process, and analyze that information for the purposes described in our Privacy Policy and these Terms.

7. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING:

• Merchantability, fitness for a particular purpose, and non-infringement
• That Services will be uninterrupted, error-free, or virus-free
• Accuracy, completeness, or reliability of any information
• That leads, contacts, or data will result in successful business outcomes
• That compliance infrastructure will prevent all regulatory violations — it reduces risk but is not legal advice

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROSPECTMINER, LLC OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, data, business, or goodwill
• Cost of substitute services
• Damages from unauthorized access to servers or personal information
• Damages from interruption or cessation of Services
• Damages from bugs, viruses, or harmful items transmitted by any third party

IN ALL EVENTS, THE COMPANY'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT YOU HAVE PAID THE COMPANY FOR SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless ProspectMiner, LLC and its officers, members, managers, employees, contractors, affiliates, successors, and assigns from any claims, demands, suits, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to our Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or rule
• Your violation of any third-party rights, including privacy, intellectual property, or consumer protection rights
• Any content, data, or information you submit
• Any misrepresentation you make in connection with our Services
• Your independent use of any leads, contacts, or data, including any TCPA violation arising from your own calling or messaging activities

10. Regulatory Compliance Framework

10.1 TCPA

All outbound communications comply with 47 U.S.C. § 227 and 47 C.F.R. § 64.1200. Prior express written consent is obtained and documented; DNC lists are honored; TCPA litigator screening is conducted before contact.

10.2 Telemarketing Sales Rule

Our telemarketing complies with 16 C.F.R. Part 310. We do not engage in deceptive or abusive practices.

10.3 CAN-SPAM Act

Commercial email complies with 15 U.S.C. §§ 7701–7713, including sender identification, accurate subject lines, and a functioning opt-out mechanism.

10.4 Nevada Telemarketing Law

We comply with NRS §§ 228.500 et seq.

10.5 State Telemarketing Laws

We comply with applicable state telemarketing laws, including the Florida Telephone Solicitation Act, the Oklahoma Telephone Solicitation Act, and analogous statutes.

10.6 CTIA and Carrier Requirements

All A2P SMS communications comply with CTIA Messaging Principles and Best Practices, and 10DLC registration requirements.

10.7 No Legal Advice

Nothing in these Terms, our Privacy Policy, or any compliance document generated by our systems constitutes legal advice. Compliance infrastructure reduces risk but does not substitute for review by a qualified attorney.

11. Dispute Resolution

11.1 Governing Law and Venue

These Terms are governed by Nevada law without regard to conflict of law principles. Disputes are subject to the exclusive jurisdiction of state and federal courts in Douglas County or Washoe County, Nevada.

11.2 Mandatory Pre-Suit Notice

Before filing any lawsuit or arbitration, you must send a written notice by postal mail describing your claim and requested relief. The Company has 45 days to resolve. Filing without complying with this requirement is a material breach.

11.3 Binding Arbitration

Except for small claims court matters, unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Douglas County or Washoe County, Nevada (or remotely if mutually agreed), applying Nevada law.

11.4 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY REPRESENTATIVE PROCEEDING. Claims may be brought only in your individual capacity. This waiver survives any termination.

11.5 Jury Trial Waiver

EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY ACTION ARISING FROM THESE TERMS OR THE SERVICES.

11.6 Limitation on Claims

Any claim must be brought within one (1) year of the date the claim accrued, or be permanently barred.

12. Privacy

Your use of our Services is subject to our Privacy Policy, which is incorporated by reference. In any conflict on matters of privacy, the Privacy Policy controls.

13. Third-Party Services and Links

Our Services may integrate with or link to third-party platforms not operated by the Company, including n8n, Supabase, GoHighLevel, Bland.ai, Twilio, Meta, TrustedForm, Trestle, PeopleDataLabs, DNC.com, Stripe, and others. We are not responsible for their availability, content, terms, or privacy practices and disclaim all liability arising from your use of them.

14. Modifications to These Terms

We may modify these Terms at any time. Material changes update the Effective Date and are posted on our websites. Continued use after the effective date constitutes acceptance.

15. Termination

We may terminate or suspend your access at any time, with or without cause or notice, including for violation of these Terms or applicable law. Provisions that by their nature should survive (ownership, disclaimers, liability limits, indemnification, dispute resolution) shall survive. Business clients are subject to the notice requirements in Section 5.4 and any service agreement.

16. Electronic Communications and E-SIGN Consent

By submitting any form and clicking any electronic submit button, you consent to electronic records and signatures consistent with the E-SIGN Act, 15 U.S.C. § 7001 et seq., and the Nevada Uniform Electronic Transactions Act, NRS Chapter 719. Your electronic submission is your legally binding signature. You may request a paper copy of any electronic record by writing to us.

17. Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, labor disputes, power or internet outages, cyberattacks, or third-party provider failures.

18. Entire Agreement and Severability

These Terms, together with our Privacy Policy and any separately executed service agreement, constitute the entire agreement and supersede all prior agreements. If any provision is held unenforceable, it shall be modified to the minimum extent necessary; remaining provisions remain in effect.

19. Miscellaneous

19.1 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship.

19.2 Assignment

You may not assign your rights or obligations without prior written consent. The Company may assign these Terms without restriction.

19.3 Headings

Section headings are for convenience only and have no legal effect.

19.4 No Waiver

Failure to enforce any right is not a waiver. Waivers must be in writing and signed by an authorized Company representative.

19.5 Counterparts and Electronic Acceptance

These Terms may be accepted electronically. Clicking "I Agree," submitting a form, or using the Services after notice constitutes binding acceptance.

20. Contact

For questions about these Terms or to provide any legal notice, write to:

Postal mail is the only accepted method for legal notices, opt-out requests, dispute notices, and formal correspondence. Allow a minimum of 30 calendar days for a response.