Terms of Service

1. Eligibility & Accounts

The Service is intended for licensed insurance producers and their staff acting in a business capacity. You must be at least 18 years old, capable of forming a binding contract, and (where you use the Service's quoting or underwriting tools in connection with actual clients) appropriately licensed in the states in which you do business. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including activity by staff or downline agents you enroll. Notify us promptly of any unauthorized use.

2. Description of the Service

The Service provides customer relationship management, lead and policy tracking, commission and bonus tracking, quoting reference tools, AI-assisted underwriting estimate tools, a cloud VoIP softphone and Power Dialer, SMS/MMS texting (including mass texting), an AI Sales Agent that can place outbound qualification calls and live-transfer interested prospects to you, phone number provisioning, A2P 10DLC registration handled on your behalf, optional Gmail and Google Calendar integrations, and agency/team management features. Feature availability depends on your subscription plan.

3. Free Trial

• Length & scope. Every plan starts with a 7-day free trial. A valid payment method is required at signup. You will not be charged a subscription fee during the trial; your payment method is charged automatically on day 8 unless you cancel before the trial ends.
• One trial per customer. The free trial is limited to one per customer, where a "customer" means a unique combination of email address, payment method, and business identity. We may deny or revoke trials we reasonably believe are duplicates or abuse.
• Trial covers the seat only. The trial waives the recurring subscription (seat) fee. It does not include free usage: calling minutes, AI voice minutes, texting, phone numbers, and A2P registration fees are billed from your prepaid wallet from day one (see Section 5).
• Cancellation. You can cancel anytime in-app from Settings → Billing. If you cancel during the trial, you will not be charged a subscription fee.

4. Subscriptions, Seat Pricing & Cancellation

Paid plans are billed in advance on a monthly or annual basis through our payment processor, Stripe. Current seat pricing as of the Effective date:

• Downline discount. When your team leader maintains an active Team Leader plan, agents enrolled under their agency code receive 30% off their seat price. The discount applies to seats only, never to usage rates, and ends prospectively if the Team Leader subscription lapses.
• No setup fees. We do not charge setup, onboarding, or activation fees.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period, and you authorize us to charge your payment method on file, until you cancel.
• Cancellation. You may cancel anytime through Settings → Billing. Cancellation takes effect at the end of the current billing period. Because you retain full access through the end of the period, subscription fees for billing periods that have begun are non-refundable except where required by law.
• Effect of cancellation. On cancellation or expiration, phone numbers provisioned to your account may be released and your A2P 10DLC brand and campaign registrations may be deactivated; released numbers and registrations may not be recoverable (see Sections 6 and 7). You may export your Client Data as described in Section 13.
• Price changes. We may change subscription pricing prospectively with notice; changes take effect at your next renewal.

5. Prepaid Wallet & Usage Billing

Usage-based features (calling, AI voice, texting, phone numbers, A2P fees) are paid from a prepaid wallet balance you load through Stripe. By loading funds, you authorize us to debit the wallet for usage at the rates below.

• Itemized ledger. Every wallet debit appears as an itemized, human-readable ledger entry showing the item, units, unit rate, and resulting balance. Your balance is denominated in real dollars.
• We never charge for undelivered messages. When you send an SMS or MMS, the cost is held from your balance and settled only when the carrier confirms delivery. If a message fails or is undelivered, the hold is voided and your net charge for that message is $0.
• Balances never expire. Your wallet balance does not expire for as long as your account exists.
• Non-refundable; no cash value. Wallet top-ups are non-refundable, non-transferable, and have no cash value, except where a refund is required by applicable law. Remaining balance is forfeited when your account is closed.
• Insufficient balance. Actions that would take your balance below zero are declined. If your wallet cannot cover a phone number renewal, the number enters a past-due state and may be released if not funded.
• Auto-recharge. If you enable auto-recharge, you authorize us to charge your payment method for the recharge amount you configure whenever your balance falls below your chosen threshold. You can disable auto-recharge anytime in Settings → Billing.
• Rate changes. The rates above are current as of the Effective date. We may change usage rates prospectively with notice; the rate card published at producerstackcrm.com/pricing reflects the rates currently in effect, and the rate shown in your wallet ledger at the time of the debit is the rate you are charged.

6. Phone Numbers

Phone numbers are provisioned through our telephony provider and leased to you while your account remains active and funded. Numbers are billed from your wallet per 30-day period. You do not own provisioned numbers. Numbers may be released for non-payment (after a past-due grace state), on cancellation, or if required by our carrier or a regulator (for example, for spam or compliance violations). Released numbers may not be recoverable. You agree to use provisioned numbers, including local-presence and rotation features, only in compliance with applicable law, including laws prohibiting misleading caller ID (Truth in Caller ID Act).

7. A2P 10DLC Registration

To send application-to-person SMS/MMS in the United States, carriers require registration of your brand and messaging campaign with The Campaign Registry (TCR). The Service automates this registration on your behalf through our telephony provider, including a Sole Proprietor registration path for producers without an EIN. You agree that:

• You will provide true, accurate, and complete business and identity information for registration, and you authorize us to submit it to our telephony provider and TCR on your behalf;
• Brand, campaign, and recurring carrier registration fees are passed through to your wallet at cost and are non-refundable once submitted, whether or not your registration is approved;
• Texting features are blocked until your campaign is approved; approval timelines and decisions belong to TCR and the carriers, not to us;
• Each account receives its own brand and campaign; registrations are not shared or transferable;
• Registrations may be deactivated on cancellation or termination and may not be recoverable.

8. Telemarketing, Do-Not-Call & Call Recording Compliance

You represent, warrant, and agree that:

• You will comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the FTC Act, CAN-SPAM, state and federal Do-Not-Call rules, state "mini-TCPA" telemarketing statutes, and all other applicable telemarketing, robocall, and messaging laws;
• You have obtained, and will maintain records of, all legally required consent (including prior express written consent where required) before calling or texting any person, and you will honor opt-out and Do-Not-Call requests promptly;
• You will call and text only within legally permitted hours for the recipient's location;
• You will not upload, import, dial, or message lead lists that you do not have the legal right to contact;
• Where call recording is enabled for your plan, you are solely responsible for complying with all applicable call-recording and wiretapping laws, including providing notice and obtaining consent in two-party/all-party consent states before recording;
• You will not use the Service to transmit misleading caller ID information or content that is deceptive, harassing, or unlawful.

We may suspend or terminate your account, or block specific sends and calls, immediately and without notice if we reasonably believe you are violating this Section, applicable law, or carrier requirements.

9. Text Messaging Rules for Your Campaigns

In addition to Section 8, when you send SMS/MMS through the Service (including mass texting), you agree that: every recipient must have given you prior express written consent (or another lawful basis) to receive that category of message; the Service's built-in gates (consent records, do-not-contact lists, quiet hours, and STOP/HELP keyword handling) must not be circumvented; recipients who reply STOP (or similar opt-out keywords) are automatically added to your do-not-contact list and must not be re-added without new consent; and your message content must comply with carrier content policies (no SHAFT content: sex, hate, alcohol, firearms, tobacco; no deceptive or prohibited content). Carriers and our telephony provider may filter or block messages at their discretion; we are not liable for carrier filtering.

10. AI Sales Agent & AI Features

• Artificial-voice calls require consent. Calls placed by the AI Sales Agent use an artificial/prerecorded voice within the meaning of the TCPA. Under FCC rules, such calls generally require the recipient's prior express written consent. The Service will only dial leads you have marked as consented; you are solely responsible for the truth of that marking and for retaining proof of consent.
• Disclosure. Some states require disclosure that a caller is an automated or AI system. You are responsible for configuring and using the AI Sales Agent in compliance with disclosure laws in the states you call.
• Quiet hours and suppression. AI calls are gated to permitted calling hours in the lead's local time and against your suppression list. These gates are aids, not guarantees of compliance.
• Recordings and transcripts. AI calls generate recordings, transcripts, and summaries stored in your account. Your call-recording consent obligations under Section 8 apply fully to AI calls.
• AI output is not advice. Output from the AI Sales Agent, AI Underwriter, and other AI features may be inaccurate or incomplete. It is not legal, financial, medical, or insurance advice. You must review AI output before relying on it or communicating it to a client, and you remain fully responsible for anything the AI Sales Agent communicates on your behalf.

11. Producer Stack's Messages to You (SMS Program Terms)

By providing your mobile number and opting in, you consent to receive calls, texts, and emails from Producer Stack about your account, including onboarding help, service and billing notifications, trial and renewal reminders, support replies, and (where you have opted in) marketing messages.

• Message frequency varies based on your account activity.
• Message and data rates may apply. These are charged by your mobile carrier, not by us.
• Opt out anytime by replying STOP to any text from us, or by contacting us at jace@frenkelfinancial.com or 920-422-7733. Reply HELP for help.
• Carriers are not liable for delayed or undelivered messages.
• Consent to receive texts is not a condition of purchasing any Producer Stack service. See our Privacy Policy for how mobile information is handled. We do not share your mobile number with third parties for their marketing.

12. No Marketing Agency; You Are the Sender

Producer Stack provides software and infrastructure only. We are not a marketing agency, lead vendor, or compliance advisor; we do not supply leads, draft your campaigns, or provide legal advice. For every call, text, and email you originate through the Service, you are the sender, the caller, and the marketer of record, and you assume all legal responsibility for your campaigns, including content, targeting, consent, timing, and recordkeeping.

13. Client Data

As between you and Producer Stack, you are the data controller for information you enter or import about your own insurance prospects and clients ("Client Data"), and we act as your service provider (processor) with respect to that data, processing it only to provide the Service. You represent and warrant that you have the legal right, and any consent required by law, to collect, store, and process Client Data, including health, financial, and other sensitive information, through the Service, and that you will comply with all applicable privacy and insurance-privacy laws, including the Gramm-Leach-Bliley Act (GLBA), with respect to that data. You retain ownership of your Client Data. On termination of your account, you may export Client Data for a reasonable period before it is deleted, as described in our Privacy Policy.

14. Acceptable Use

You agree not to: use the Service for any unlawful purpose; misrepresent your identity, license status, or affiliation; attempt to gain unauthorized access to the Service or other users' data; probe, scan, or test the vulnerability of the Service; reverse-engineer, scrape, or resell the Service without our written consent; use the Service to develop a competing product; upload malicious code; interfere with the integrity or performance of the Service; use another user's A2P registration, phone numbers, or account; or use the Service in a manner that violates the rights of any third party, including your own clients.

15. Third-Party Services

The Service is built on and integrates third-party services, including Supabase (database, authentication, and backend hosting), Telnyx (voice, SMS/MMS, phone numbers, and A2P 10DLC registration), Stripe (subscription billing, wallet top-ups, and payment processing), DeepSeek and Anthropic (AI processing), Google (optional Gmail and Google Calendar integrations), Resend (transactional email), and insurance carrier portals and quoting tools (e.g., ITK). We are not responsible for the acts, omissions, availability, or accuracy of third-party services, and your use of them may be subject to their own terms. Carrier and registry decisions (number availability, message filtering, A2P approvals) are outside our control.

16. Intellectual Property

Producer Stack and its licensors own all right, title, and interest in the Service, including its software, design, and underwriting-reference content, excluding your Client Data. We grant you a limited, non-exclusive, non-transferable license to use the Service for your own business purposes during your subscription. All rights not expressly granted are reserved. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

17. Copyright Policy (DMCA)

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Send notices identifying the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement, and a statement under penalty of perjury of your authority, with your physical or electronic signature, to jace@frenkelfinancial.com with the subject "DMCA Notice." We may terminate the accounts of repeat infringers.

18. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Without limiting the foregoing, we do not warrant the accuracy of any quote, underwriting estimate, commission or bonus calculation, AI output, carrier reference data, or message/call deliverability, and you assume all risk of relying on such information without independent verification.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCER STACK AND ITS OWNERS, OFFICERS, EMPLOYEES, AND SUBPROCESSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. To the maximum extent permitted by law, our total aggregate liability arising from or related to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100). Some jurisdictions do not allow certain liability limitations, so some of the above limitations may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless Producer Stack, Frenkel Financial LLC, and their owners, officers, employees, and subprocessors from and against any claims, demands, investigations, fines, penalties, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Client Data, including any claim that you lacked the right or consent to collect, store, or process it; (b) your calls, texts, emails, and campaigns, including any violation of the TCPA, Telemarketing Sales Rule, Do-Not-Call rules, state telemarketing laws (including the Florida FTSA), call-recording/wiretapping laws, or carrier/A2P requirements; (c) information you submit for A2P registration; (d) your breach of these Terms or applicable law; or (e) your use of the Service to communicate with, solicit, or provide advice to any third party.

21. Termination

You may stop using the Service and cancel your account at any time. We may suspend or terminate your account if you breach these Terms, misuse the calling or messaging features, create carrier or registry compliance risk, fail to pay amounts due, or if required by law. On termination: your subscription ends per Section 4; remaining wallet balance is handled per Section 5; phone numbers and A2P registrations are handled per Sections 6 and 7; and you may export Client Data per Section 13. Sections that by their nature should survive termination (including Sections 12, 16, and 18 through 23) survive.

22. Dispute Resolution: Binding Arbitration & Class Action Waiver

Please read this section carefully. It affects your legal rights.

Except for disputes that qualify for small-claims court or claims for injunctive relief to protect intellectual property or confidential information, you and Producer Stack agree that any dispute arising out of or relating to these Terms, the Privacy Policy, or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted in Wisconsin or another mutually agreed location, or by videoconference where permitted by AAA rules.

Class Action & Jury Trial Waiver. You and Producer Stack agree that any proceeding to resolve a dispute will be conducted only on an individual basis and not as a class, consolidated, or representative action, and each party waives any right to a jury trial.

Right to opt out. You may opt out of this arbitration agreement by emailing jace@frenkelfinancial.com with your name and account email within 30 days of first agreeing to these Terms, stating that you opt out of arbitration. If you opt out, any dispute will instead be resolved exclusively in the state or federal courts located in Wisconsin, and you and Producer Stack each waive any right to a jury trial.

23. State Telemarketing Addendum (Including Florida FTSA)

If you place calls or send texts to residents of Florida, you represent and warrant that you will comply with the Florida Telephone Solicitation Act (FTSA), including its consent, calling-hour, and technology provisions. The same applies to any other state telemarketing statute (including, without limitation, those of Oklahoma, Washington, Maryland, Connecticut, and New Jersey) applicable to your recipients. You will indemnify Producer Stack for any FTSA or state-law claim, fine, or lawsuit arising from your campaigns as provided in Section 20.

24. Taxes

Fees are exclusive of taxes. Where required, we collect applicable sales, use, communications, or similar taxes and regulatory fees based on your billing address, and you are responsible for all such taxes and fees other than taxes on our net income.

25. Governing Law

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-laws principles, except where the Federal Arbitration Act applies to Section 22.

26. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised "Effective date" above, and, where required by law, we will provide additional notice. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

27. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Producer Stack regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control, including carrier, registry, or upstream provider outages.

28. Contact Us