Effective Date: June 28, 2025
These Terms and Conditions of Use (“Agreement”) apply to all websites, platforms, and services owned and operated by SBM & Web Design LLC, including Call Knights and its related domains.
1. Overview
Welcome to Call Knights, a DBA of SBM & Web Design LLC, a Florida limited liability company (“Company,” “we,” “our,” or “us”). This Agreement governs your (“Customer,” “Client,” “you,” or “your”) access to and use of our proprietary software, websites, platforms, applications, and professional services (collectively, the “Services”).
This Agreement constitutes a legally binding contract between you and SBM & Web Design LLC. By clicking “I Agree,” using the Services, or otherwise manifesting assent, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree, do not access or use the Services.
2. Definitions
Services: All features, functions, and tools provided by us, including software, voice assistants, CRM tools, automation, messaging, scheduling, integrations, and professional services.
Professional Services: Any optional services such as marketing, consulting, onboarding, design, or development provided by us beyond the software platform.
Content: Any information, files, media, or other materials submitted, stored, transmitted, or processed through the Services.
User: Any person authorized to access or use the Services under your account.
3. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business use, subject to this Agreement.
4. Acceptable Use
You agree not to:
Use the Services for any unlawful, deceptive, harmful, or abusive activities;
Reverse engineer, decompile, modify, resell, or distribute the software or Services;
Access, probe, scan, or tamper with our systems or the data of other users;
Violate any applicable data privacy or marketing laws, including TCPA, CAN-SPAM, GDPR, and CCPA.
4A. Eligibility Requirements
To access or use the Services, you represent and warrant that:
You are at least 18 years of age or the age of majority in your jurisdiction;
You have the legal authority and capacity to enter into this Agreement on your own behalf or on behalf of the entity you represent;
You are not a competitor or accessing the Services for competitive purposes;
You are a resident of the United States or a legal resident of a country where the Services are lawfully offered.
If you do not meet these requirements, you must not access or use the Services.
4B. Account Responsibilities and Security
You are solely responsible for:
Maintaining the confidentiality of your credentials;
All activities under your account, whether or not authorized;
Promptly notifying us of any unauthorized use or breach of security;
Exiting your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to comply with these requirements.
4C. Reasonable Use Policy
If your subscription includes any “unlimited” features, such usage is subject to this Reasonable Use Policy. We reserve the right to define “reasonable use” and, if your use materially exceeds normal business usage patterns, to:
Transition you to a higher-tier plan;
Impose additional fees;
Suspend or terminate your access.
4D. Geographic Restrictions
The Services are operated from the United States. You are solely responsible for compliance with local laws if you access the Services outside the United States. We make no representation that the Services are appropriate or available elsewhere.
4E. Professional Conduct
You agree to conduct yourself professionally and respectfully in all interactions with our team members and other clients. We may suspend or terminate your access for conduct that we, in our sole discretion, consider harassing, abusive, or unprofessional.
4F. User-Generated Content
If you submit any content or data (“User Content”), you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and distribute it to operate and improve the Services. You represent that you have all rights necessary and that your User Content:
Does not infringe any rights;
Does not violate any law;
Is not defamatory, obscene, or otherwise objectionable;
Does not contain viruses or malicious code.
We reserve the right to monitor, remove, or restrict User Content in our discretion.
4G. Export Compliance
You agree to comply with all U.S. export control laws and not to export or re-export the Services to any prohibited destination or person.
4H. Feedback
If you provide feedback or suggestions, you grant us an unrestricted, perpetual, irrevocable license to use them without compensation.
5. Subscription, Billing & Cancellation
All subscriptions are billed in advance and auto-renew monthly or annually.
By entering payment details, you authorize recurring charges without further approval unless canceled.
Failure to cancel prior to renewal constitutes acceptance of continued service.
Upon cancellation:
Access ends immediately.
Remaining credits or time are forfeited.
No refunds or prorated credits will be issued.
You irrevocably waive the right to initiate chargebacks or reversals.
5A. Purchasing and Payment
Submission of an order or payment information constitutes your binding offer to purchase. You do not acquire rights to use the Services until payment is received in full. We reserve the right to deny or cancel orders at our discretion.
5B. Payment Failure and Collections
If payment is declined or overdue:
Access may be suspended or terminated without notice.
We may refer the debt to collections or pursue legal action.
You agree to reimburse all costs incurred in collection, including attorneys’ fees.
If payment remains outstanding for more than seven (7) days, we may terminate your subscription and pursue recovery of at least 90% of the remaining balance.
6. Termination & Suspension
We may suspend or terminate your access immediately, without notice, if:
You breach this Agreement or any law;
Payment is not received or is reversed;
We detect abuse, fraud, misuse, or security risks;
Necessary to protect the integrity, availability, or legality of the Services.
We may suspend or restrict specific features or integrations (e.g., third-party APIs) without suspending the entire account to maintain system stability or compliance.
7. Data Ownership, Privacy, Accessibility & Retention
You retain ownership rights to your data.
You are solely responsible for ensuring that your use of the Services, including any data you collect, store, or process, complies with all applicable laws and regulations, including but not limited to:
Data privacy laws such as HIPAA, HITECH, GDPR, and CCPA;
Marketing and communications laws such as CAN-SPAM and the Telephone Consumer Protection Act (TCPA);
Accessibility laws and regulations, including the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any comparable state or international laws requiring accessible digital content.
We do not act as a Business Associate under HIPAA unless a separate Business Associate Agreement (“BAA”) is signed by both parties.
Clients using HIPAA-regulated data must notify us in writing via email or other prescribed method. We may, at our discretion, take additional protective measures but do not guarantee compliance with HIPAA or any other privacy, security, or accessibility requirements.
You are solely responsible for ensuring that any content you upload, distribute, or otherwise make available through the Services meets all applicable accessibility requirements.
You are encouraged to export your data before cancellation. We do not guarantee data availability after termination of your account.
8. Third-Party Tools and Integrations
We may integrate with third-party software and APIs. We are not responsible for their availability, accuracy, performance, or terms of use.
9. Beta Features & Changes to Services
Beta features are experimental and provided “as-is” with no warranties or support.
We may change, add, or remove features or services at any time without notice.
10. User Responsibilities
You are responsible for keeping your account credentials secure.
You are responsible for all actions taken under your account.
Notify us immediately if you suspect unauthorized access or security breaches.
11. Intellectual Property
All intellectual property remains the exclusive property of SBM & Web Design LLC. This includes source code, branding, UI/UX, documentation, and workflows. Any custom work delivered remains our property unless explicitly stated otherwise in writing.
11A. Trademark Restrictions
You may not use our trademarks, service marks, logos, or trade names without our prior written permission.
12. Service Level Disclaimer
We do not guarantee uninterrupted service, error-free operation, or system uptime. Maintenance and outages may occur.
13. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, or punitive damages, or for any loss of revenue, data, business, or goodwill. Our total liability is limited to the amount you paid us in the 12 months prior to the event giving rise to the claim.
14. Disclaimer of Warranties
To the fullest extent permitted by law, the Services are provided “as-is” and “as-available,” without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
14A. No Reliance
You agree that you have not relied on any statements or representations outside this Agreement. No advice or information creates any warranty not expressly stated.
15. Indemnification
You agree to indemnify, defend, and hold harmless SBM & Web Design LLC, its officers, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Services; (b) your violation of this Agreement; or (c) your violation of any applicable law or the rights of any third party.
16. Governing Law & Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes, actions, or proceedings arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida. You irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.
17. Arbitration & Class Action Waiver
All disputes, claims, or controversies arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Hillsborough County, Florida. You waive the right to participate in any class action, collective action, mass arbitration, group litigation, or other representative proceeding. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17A. Limitation on Claims
Any claim arising out of this Agreement must be filed within three (3) months after the claim accrues.
17B. Attorneys’ Fees and Costs
In arbitration, each party shall bear its own attorneys’ fees and costs; provided, however, that the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party in the event that the arbitrator determines the other party’s claims or defenses were frivolous or asserted in bad faith.
18. Force Majeure
We are not liable for any delay, failure, or inability to perform caused by events beyond our reasonable control, including but not limited to natural disasters, acts of God, cyberattacks, internet outages, regulatory changes, acts of government, labor unrest, or other similar events.
19. Changes to Terms
We may update these Terms at any time by posting the revised version on our website. The updated Terms will be effective as of the date indicated. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.
20. Electronic Consent
By using the Services, you consent to receive communications from us electronically, including via email and through notices posted within the Services, and you agree that any electronic actions you take (including clicks, form submissions, or other electronic acknowledgments) constitute your legally binding agreement to these Terms and any related transactions.
21. Severability
If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
21A. Assignment
You may not assign or transfer any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent will be null and void. We may assign or transfer this Agreement in whole or in part, at any time, without restriction, including to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
22. Entire Agreement
This Agreement, including any documents incorporated by reference, constitutes the entire agreement between you and SBM & Web Design LLC regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations, representations, warranties, and understandings, whether written or oral.
23. Professional Services Disclaimer
Optional services such as marketing, consulting, onboarding, or design:
Are provided on a best-effort basis and may incur additional fees.
Do not guarantee any specific results, leads, revenue, or return on investment (ROI).
You acknowledge and agree that any statements regarding potential results are estimates only and not guarantees.
24. No Legal or Financial Advice
Any templates, strategies, recommendations, or materials provided through the Services are for general informational purposes only and do not constitute legal, tax, accounting, or financial advice. You should consult a qualified, licensed professional regarding your specific situation. Your use of the Services does not create an attorney-client, tax advisor-client, or fiduciary relationship between you and us.
25. No Reliance on Representations
You agree that you are not relying on any promises, guarantees, representations, statements, or warranties of any kind made outside this written Agreement, including but not limited to those contained in any marketing materials, proposals, presentations, or discussions, whether oral or written.
26. Survival
All provisions relating to intellectual property, indemnification, limitations of liability, governing law, arbitration, disclaimers, and this section shall survive termination of this Agreement.
27. Contact Information
SBM & Web Design LLC
Operating As: Call Knights
Registered in: Florida, USA
Email: [email protected]
Phone: (813) 212-8929
Primary Website:
Platform Access: