Terms & Conditions
Governing the use of this Service
Welcome to ASA Marketing Solutions. These Terms and Conditions govern your access to and use of the Service provided by ASA Solutions LLC.
AGREEMENT TO OUR LEGAL TERMS
Last updated July 01, 2024
We are ASA Solutions LLC, ("Company," "we," "us," "our"), a company registered in Minnesota, United States of America at 202 N Cedar Ave. Suite 1; Owatonna, MN 55060.
We operate the website(s) 90DayScholarship.info, ASAMarketingSolutions.com, MyASASolutions.com, StefanieKim.co (the "Site"), the mobile application LeadConnector (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by phone at 1 844-432-0011, email at [email protected], or by mail to 202 N Cedar Ave. Suite 1; Owatonna, MN 55060 USA.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ASA Solutions LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
- Account
- means a unique account created for You to access our Service or parts of our Service.
- Country
- refers to: MN, US
- Company
- (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ASA Marketing Solutions.
- Device
- means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback
- means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Goods
- refer to the items offered for sale on the Service.
- Orders
- mean a request by You to purchase Goods from Us.
- Promotions
- refer to contests, sweepstakes or other promotions offered through the Service.
- Service
- refers to the Website.
- Terms and Conditions (or "Terms")
- mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service
- means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website
- refers to ASA Marketing Solutions, accessible from http://asamarketingsolutions.com/
- You
- means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
The Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the USA and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Your submissions and contributions
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services ("Contributions"). By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, publish, broadcast, and exploit your Contributions for any purpose, commercial, advertising, or otherwise, and to sublicense the licenses granted in this section.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
PLACING ORDERS & PAYMENTS FOR GOODS
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. If You wish to place an Order, You may be asked to supply certain information, including, without limitation, Your name, Your email, Your phone number, Your credit card number, expiration date, billing address, and shipping information.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability, Errors in the description or prices for Goods, or if fraud or an unauthorized or illegal transaction is suspected. Goods made to Your specifications, personalized, or not suitable for return due to health/hygiene reasons cannot be canceled.
Availability, Errors and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy and Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express, Discover, Apple Pay, Google Pay, or ACH. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in US dollars.
SUBSCRIPTIONS AND SOFTWARE
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].
Software
We may include software for use in connection with our Services. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the relevant license or these Legal Terms.
USER ACCOUNTS AND PROHIBITED ACTIVITIES
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You may not use as a username the name of another person or entity or a name that is otherwise offensive, vulgar or obscene.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses for unsolicited email, or creating user accounts by automated means or under false pretenses.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Legal Terms; (3) you are not a minor in the jurisdiction in which you reside; (4) you will not access the Services through automated or non-human means; and (5) your use of the Services will not violate any applicable law or regulation.
USER GENERATED CONTRIBUTIONS
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You warrant that your Contributions are not false, inaccurate, misleading, obscene, harassing, libelous, or in violation of any applicable law or third-party rights. We have the right, in our sole and absolute discretion, to edit, redact, or delete any Contributions at any time and for any reason, without notice.
GUIDELINES FOR REVIEWS
When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive language; (3) you should not be affiliated with competitors if posting negative reviews; and (4) you may not post any false or misleading statements. We may accept, reject, or remove reviews in our sole discretion.
ACCOUNT TRANSFER AND USAGE RESTRICTIONS
Non-transferability of Account
Each account created with ASA Solutions LLC is personal to the account holder and is non-transferable under any circumstances. Account holders are prohibited from transferring, assigning, selling, or otherwise disposing of their accounts to other persons or entities, including but not limited to other agencies or accounts, without the express written consent of ASA Solutions LLC.
Restrictions on Content and Material
All content, data, and material generated, stored, or processed within ASA Solutions LLC, including but not limited to reports, graphics, documents, and other intellectual property, cannot be transferred or used outside of the designated ASA Solutions LLC account, except as expressly permitted by these terms or as otherwise authorized in writing by ASA Solutions LLC. This restriction aims to protect the proprietary and confidential nature of the services and material available through ASA Solutions LLC.
Exclusion of Contact Data
Notwithstanding the above, contact data such as names, phone numbers, emails, and other related contact information may be exported or transferred from ASA Solutions LLC, provided that such actions comply with applicable privacy laws and ASA Solutions LLC’s privacy policy. This exclusion is intended to facilitate legitimate business communications without contravening the account and content usage restrictions herein.
SMS TEXT MESSAGING POLICY
All messaging transmitted via the ASA Solutions LLC platform must comply with Application-to-Person (A2P) messaging standards, which includes rules on consent, revocation (opt-out), sender identification, and content usage.
Consent and Opt-Out
Consent cannot be bought, sold, or exchanged. SMS should only be sent to opted-in contacts. The initial message sent to an individual must include language such as “Reply STOP to unsubscribe,” or an equivalent, so individuals have the ability to revoke consent at any time.
SMS Ramp-Up Model (V2)
All accounts created under ASA Solutions LLC Phone will have an 8-level ramp instead of the 7-day ramp with a lower limit. The ramp starts on the day the first successful SMS message is sent.
| Level | SMS Sending Limit (per 24 hours) |
|---|---|
| 1 | 100 |
| 2 | 250 |
| 3 | 500 |
| 4 | 750 |
| 5 | 1500 |
| 6 | 2250 |
| 7 | 3000 |
| 8 | 3000+ |
To increase sending limits, the account must send the full level sending limit within a 24-hour window, which will trigger a 24-hour temporary sending restriction before unlocking the next level. All messaging activities, including one-to-one and missed call text back SMS, count toward this daily limit.
Spam Message Handling
We monitor for undelivered messages and will enable Temporary/Permanent DND at a contact level based on error codes to increase deliverability rate and prevent sending SMS to non-relevant contacts. Permanent DND cannot be revoked from the UI; the contact must reply with "START," "YES," or "UNSTOP" to the number.
Violation Monitoring
We will send a notification email when the account hits an error rate of 8% and an opt-out rate of 1%. We will send a suspension email and temporarily lock the account for 24 hours when the error rate hits 12.5% and the opt-out rate hits 2.5%.
ADDITIONAL CHARGES FOR USAGE-BASED SERVICES
Usage fees will be billed as the usage occurs and are subject to change with prior notice. All charges listed are exclusive of any applicable taxes or surcharges.
- Making Calls: $0.021 per minute
- Receiving Calls: $0.012 per minute
- Text Messages: $0.014 per segment sent
- WhatsApp Conversation Ai: $0.170 per conversation
- Premium Triggers & Actions: $0.023 per trigger and action used
- Email Verification: $0.0057 per email verification
- Emails: $0.0016 for each email sent
- Content Ai: $0.207 for every 1000 words and $0.138/image processed
- Workflow Ai: $0.3 for each workflow executed
- Conversation Ai: $0.046 for each message processed
- Review Ai: $0.24 for each review response generated
- Domain Purchase: $13/domain purchased
- Auto-Complete Address: $0.0074/search result auto fill result selection
DISCLAIMER AND LIABILITY
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services. Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
MISCELLANEOUS LEGAL TERMS
Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without regard to its conflict of law principles. For European Union (EU) Users, you will benefit from any mandatory provisions of the law of the country in which You are resident.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally for at least thirty (30) days by contacting the Company. If a Dispute cannot be resolved informally, it will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
Termination and Modifications
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us By email: [email protected]