Client Responsibility

CLIENT RESPONSIBILITY, COMPLIANCE, AND DATA HANDLING AGREEMENT

Effective Date: December 1, 2025
Last Updated: June 6, 2026

Version 1.1 — June 6, 2026: Added Section 11A (AI, Automation, and Third-Party Tools)

Applies To: All clients, users, teams, contractors, lenders, builders, advertisers, home service providers, real estate agents, service businesses, and organizations using any JBH-operated system.

This Client Responsibility, Compliance, and Data Handling Agreement (“Agreement”) governs responsibilities, legal duties, and liability allocation between JB Holding Group, LLC (“JBH”) and You (“Client”) when you use any JBH-operated website, CRM platform, marketing asset, app, or digital system.

This Agreement applies to all industries and all service providers.

By accessing or using any JBH system, you agree to this Agreement, even if not separately signed.

1. Purpose of This Agreement

This Agreement:

  • Defines Client duties

  • Defines JBH duties

  • Allocates responsibility

  • Assigns liability

  • Sets compliance requirements

  • Clarifies that JBH is not the service provider

  • Protects JBH from claims related to Client operations

2. JBH’s Role

JBH provides:

  • Marketing and branding services

  • Websites, funnels, landing pages, and directories

  • Digital forms and quiz systems

  • Call tracking numbers and message routing

  • CRM platforms and automation tools

  • System configuration and workflow setup

  • Advertising mechanisms if purchased

  • Digital infrastructure for inbound inquiries

JBH performs technical and marketing tasks based solely on Client instruction.

JBH is not responsible for client operations, customer service, or compliance duties.

3. JBH Is Not the Service Provider or Regulated Party

JBH is never the:

  • lender

  • broker

  • bank

  • contractor

  • service provider

  • vendor

  • wellness provider

  • advisor

  • merchant

  • sales entity

  • financial professional

  • home service company

  • provider of regulated services

  • party to the Client’s customer transactions

JBH does not assume:

  • regulatory oversight

  • fiduciary duty

  • industry-specific compliance

  • licensing obligations

  • responsibility for disclosures

  • responsibility for customer outcomes

  • System-triggered events and metadata

  • User navigation and behavioral patterns

Every regulated obligation in the Client’s industry belongs to Client, not JBH.

4. Client Responsibilities

The Client is solely responsible for:

  • follow-up

  • contacting leads

  • timely replies

  • honoring appointments

  • customer communication

  • customer satisfaction

  • proper service delivery

  • legal compliance

  • accurate advertising representations

  • business results

  • operational decisions

JBH is not responsible for lost opportunities, reviews, or customer dissatisfaction caused by Client action or inaction.

5. Responsibility for Communications (TCPA, CAN-SPAM, CFPB, OCC, UDAP/UDTPA, State Laws)

The Client accepts full responsibility for all communications sent through or because of a JBH system, including:

  • calls

  • text messages

  • automated messages

  • emails

  • voicemail drops

  • outbound sequences

  • follow-up workflows

  • appointment reminders

  • compliance statements

  • any other communication

The Client is solely responsible for complying with:

  • TCPA (Telephone Consumer Protection Act)

  • CAN-SPAM Act

  • CFPB regulations

  • OCC (Office of the Comptroller of the Currency)

  • UDAP / UDTPA (Unfair and Deceptive Acts and Practices)

  • State banking and lending laws

  • State contractor laws

  • State advertising laws

  • All industry-required disclosures

JBH does not supervise, monitor, audit, or verify Client communications.

JBH is not responsible for communication violations of any kind.

6. Client-Imported or Added Contacts

If the Client uploads, imports, syncs, or manually adds any contacts:

The Client certifies that:

  • All contacts were obtained lawfully

  • Consent exists where required

  • Prior express written consent exists where TCPA applies

  • Communication is legally permitted

  • No purchased, scraped, or prohibited lists are used

The Client assumes full liability for:

  • contact origin

  • consent status

  • message legality

  • regulatory compliance

  • customer complaints

  • any consequences of contacting these individuals

JBH is not required to verify or validate any Client-provided contacts.

7. Routing and Transfer of Leads

When a lead or inquiry arrives through any JBH-managed asset, including:

  • website

  • funnel

  • directory

  • quiz

  • form

  • call tracking number

  • SMS entry point

  • email link

  • chat widget (on-site live chat or embedded chat)

  • CRM intake form

JBH routes the inquiry to the Client.

The Client owns their copy of that data.

Once delivered or accessible to the Client, the Client becomes the data controller, and JBH has no responsibility for:

  • how data is stored

  • how data is used

  • how data is shared

  • how data is secured

  • how data is retained

JBH does not police Client behavior or compliance.

8. JBH Does Not Sell Leads

JBH:

  • does not sell individual leads

  • does not charge per lead

  • does not broker customer data

  • does not receive commissions or revenue per transaction

  • does not guarantee lead count or quality

All inquiries are a byproduct of JBH’s marketing services, not purchased goods.

9. No Guarantees

JBH does not guarantee:

  • results

  • revenue

  • customer interest

  • qualification

  • appointment completion

  • conversions

  • communication success

  • deliverability of SMS or emails

The Client’s business outcomes are solely the Client’s responsibility.

10. Data Handling, Storage, and Retention

JBH may store:

  • Client Data

  • system logs

  • compliance logs

  • routing logs

  • communication metadata

  • workflow activity

JBH is not required to delete data where retention is necessary for:

  • compliance

  • fraud prevention

  • legal obligations

  • operational continuity

  • recordkeeping

  • dispute verification

Data may remain in system logs even after account closure.

11. Security and Account Access

The Client is responsible for:

  • account security

  • password protection

  • limiting internal access

  • supervising team activity

  • reporting unauthorized use

JBH is not responsible for:

  • breaches caused by Client practices

  • unauthorized access via Client accounts

  • internal misuse by Client staff or contractors

11A. Artificial Intelligence, Automation, and Third-Party Tools

JBH systems use artificial intelligence, machine learning, automation, large language models, and other algorithmic technologies across its tools, websites, CRM platforms, forms, quizzes, routing, content generation, analytics, communications, and other services.

These technologies support and operate JBH services. They are not infallible.

The Client acknowledges and agrees that:

AI and automated outputs may be inaccurate, incomplete, outdated, biased, or unsuitable for any particular purpose

AI may generate, summarize, classify, route, store, or respond to information without human review

JBH makes no warranty regarding the accuracy, reliability, availability, or fitness of any AI or automated output

The Client is solely responsible for reviewing, verifying, and validating any output before relying on it

JBH is not liable for any decision, action, loss, or damage resulting from reliance on AI or automated output

JBH does not guarantee that any AI or automated feature will be available, error-free, secure, or uninterrupted

Use of any AI or automated feature is at the Client's sole risk.

Third-Party Tools, Platforms, and Applications

JBH systems are built on, integrated with, or dependent upon third-party tools, platforms, vendors, sub-processors, hosting providers, APIs, and applications that JBH does not own or control. This includes but is not limited to AI providers, CRM infrastructure, communication and messaging platforms, payment processors, analytics tools, hosting environments, and any other external service.

The Client acknowledges and agrees that JBH is not responsible or liable for any:

hack, breach, intrusion, or unauthorized access of a third-party tool or application

data leak, exposure, theft, or loss originating from a third-party tool or application

downtime, outage, suspension, or discontinuation of a third-party tool or application

error, defect, change, or failure of a third-party tool or application

misuse, mishandling, or unauthorized use of data by a third-party tool or application

act, omission, policy change, or business closure of any third-party provider

This limitation applies to every third-party tool or application connected to, embedded in, integrated with, or used to deliver any JBH system, whether or not AI is involved. The Client assumes all risk associated with the use of third-party tools and applications.

No Liability, No Duty, and Survival

Nothing in this Section creates any duty for JBH to monitor, audit, secure, insure, or guarantee any AI feature or any third-party tool or application.

Notwithstanding any other provision of this Agreement, JBH's total aggregate liability arising from or related to AI or automated outputs and from any third-party tool or application is limited to two thousand five hundred dollars ($2,500).

Nothing in this Section limits liability that cannot be limited under applicable law.

This Section survives termination of the Agreement and is in addition to, and does not limit, the indemnification and liability provisions elsewhere in this Agreement. The indemnification in Section 12 expressly extends to all claims, losses, and liabilities arising from AI outputs and third-party tools or applications.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless JBH and its affiliates from all claims, complaints, losses, costs, damages, liabilities, investigations, and legal fees arising from:

  • Client communications

  • Client compliance failures

  • Client follow-up practices

  • Client negligence or misconduct

  • Client-imported contact lists

  • Client misuse of JBH systems

  • Client business operations

  • Broker, lender, contractor, or service-related disputes

  • Customer dissatisfaction

  • Negative reviews

  • Regulatory actions

This applies even when JBH configures workflows or systems based on the Client’s explicit instructions.

13. Relationship to JBH Terms of Service

This Agreement is incorporated by reference into:

Use of any JBH system requires compliance with all three documents.

14. Governing Law

This Agreement is governed by Missouri law.
Disputes are resolved via arbitration under the dispute provisions in the JBH Terms of Service.

15. Acceptance

You accept this Agreement when:

  • you use any JBH-managed website

  • you receive or view a lead

  • you use Nextopoly CRM

  • you log into any JBH system

  • you access any JBH-provided digital property

  • you continue services with JBH after December 1, 2025

Use = Acceptance.
Signature is not required.

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