Terms and Conditions

TERMS AND CONDITIONS

Titan Restoration and Construction

Effective Date: January 1, 2025

Last Updated: January 1, 2025

1. ACCEPTANCE OF TERMS

By accessing, using, or submitting information through this website, our services, social media platforms, advertising campaigns, or any lead generation system, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use our website, services, or submit any information through our lead generation channels.

2. COMMUNICATIONS CONSENT AND TCPA COMPLIANCE

A. Express Written Consent for Communications

IMPORTANT: Please read this section carefully before providing your contact information through ANY channel.

By providing your telephone number and/or contact information through any of the following channels, you expressly consent to receive communications from Titan Restoration and Construction (“Company,” “we,” “us”) and our authorized technology partner Shift AI regarding our home improvement, restoration, and construction services:

Covered Lead Generation Channels:

Website Forms: Any form submission on www.mytitanusa.com or affiliated websites
Facebook Lead Forms: Lead generation forms within Facebook advertising campaigns
Facebook Ads: Contact information provided through Facebook advertising interactions
Google Ads: Contact information provided through Google advertising campaigns and landing pages
Shift AI Lead Systems: Direct lead generation through Shift AI’s platforms and technology
Third-Party Lead Sources: Any other digital marketing or lead generation platform we utilize
Phone Inquiries: Direct phone calls to our business numbers
Email Inquiries: Direct email communications to our business addresses
Social Media Interactions: Contact through Facebook, Instagram, or other social media platforms

This consent is NOT required as a condition of purchasing any goods or services from us.

B. Scope of Consent

Your consent authorizes BOTH Titan Restoration and Construction AND Shift AI (acting on behalf of Titan Restoration and Construction) to contact you using:

Automatic telephone dialing systems (autodialers)
Artificial intelligence-powered voice systems and chatbots
Artificial or prerecorded voice messages
SMS/text messages (including MMS)
Email communications
Interactive voice response (IVR) systems
Social media messaging and direct messages
Retargeting advertisements across digital platforms

This consent applies to the specific telephone number and contact information you provide through ANY of the above channels, even if that number is registered on any federal, state, or corporate Do-Not-Call registry.

C. Multi-Channel Consent Confirmation

By submitting your information through ANY channel listed above, you confirm:

☐ Universal Contact Consent: I consent to contact from both Titan Restoration and Construction AND Shift AI regardless of which channel I used to submit my information (website, Facebook, Google Ads, etc.)

☐ Wireless Number Confirmation: If providing a phone number, I confirm it is a wireless/mobile number that I personally own and control

☐ Cross-Platform Communications: I understand that submitting information through one channel (e.g., Facebook) authorizes contact through all methods (phone, text, email, etc.)

☐ Message and Data Rates: I understand that message and data rates may apply for text messages sent to wireless numbers

☐ Immediate Contact Authorization: I expressly consent to immediate contact attempts by Titan Restoration and Construction and/or Shift AI, including multiple contact attempts within minutes of submitting information through any channel

☐ Speed-to-Lead System Consent: I understand that Shift AI’s speed-to-lead system may result in immediate automated calls and texts regardless of submission source to maximize response time and service quality

☐ Lead Source Integration: I understand that my information may be integrated across multiple lead management systems and contacted through various methods regardless of original submission channel

D. Communication Frequency and Content

Regardless of your lead source, you may receive communications from Titan Restoration and Construction and/or Shift AI:

Immediate Response Phase:

Up to 5 contact attempts within the first 5 minutes of any inquiry submission
Immediate automated responses via phone, text, or email

Active Lead Phase:

Up to 5 calls per day for the first 5 days after inquiry
Up to 25 text messages per week during initial contact period
Up to 10 automated AI interactions per week during lead qualification
Daily email follow-ups during active discussions

Ongoing Communications:

Up to 3 calls per week during active project discussions
Average 3-5 text messages per week for ongoing communications
Follow-up communications for up to 90 days unless you opt out
Retargeting advertisements across Facebook, Google, and other platforms

Communication Types Include:

Immediate lead response (within minutes of inquiry from any source)
Initial lead qualification and screening via AI
Rapid appointment scheduling and confirmations
Real-time project updates and status reports
Instant service quotes and estimates
Cross-platform retargeting advertisements
Automated follow-up surveys and feedback requests
Time-sensitive promotional offers
Persistent lead nurturing communications across all channels
AI-powered customer service interactions at any time

E. Multi-Platform Technology Integration

Lead Source Integration: We utilize integrated technology systems that may combine and process leads from all sources including:

Shift AI Integration: Our authorized technology partner enhances customer communications through:

Cross-platform lead integration and management
Immediate lead response regardless of source (website, Facebook, Google, etc.)
AI-powered initial customer screenings
Rapid-fire contact sequences for lead qualification across all channels
Real-time appointment scheduling and consultation booking
24/7 automated customer service
Persistent lead management and nurturing across all platforms
Speed-to-lead systems designed for maximum contact efficiency from any source

Facebook Lead Integration: Facebook lead forms and advertising interactions are automatically integrated into our communication systems, triggering immediate response protocols.

Google Ads Integration: Google advertising leads are processed through the same rapid response systems as all other lead sources.

Cross-Platform Tracking: Your interactions across multiple platforms (website visits, Facebook engagement, Google ad clicks) may be combined to provide comprehensive service.

You acknowledge and consent that Shift AI and our integrated systems may contact you as our authorized agent using all communication methods and frequencies described above, regardless of your original lead source.

F. Revocation of Consent

You may revoke this consent at any time through any of the following methods:

For Text Messages:

Reply “STOP” to any text message from either Titan Restoration or Shift AI
Text “STOP” to (864) 358-9711

For Phone Calls:

Call our opt-out line: (864) 358-9711
Email: optout@mytitanusa.com

For All Communications (Including Cross-Platform):

Mail: Titan Restoration and Construction, ATTN: Opt-Out Department, 211 Ricelan Dr, Simpsonville, SC 29681
Use any of the above methods and specify “ALL COMMUNICATIONS”
Your opt-out will apply to both Titan Restoration and Construction AND Shift AI across ALL platforms and lead sources

Upon receiving your opt-out request, we will:

Send you confirmation within 24 hours
Remove your information from all communication lists (ours, Shift AI’s, and all integrated platforms) within 48 hours
Stop all retargeting advertisements across Facebook, Google, and other platforms
Maintain your opt-out status permanently unless you provide new express consent through any channel

3. SHIFT AI INDEMNIFICATION PROVISIONS

A. Comprehensive Indemnification by Titan Restoration and Construction

Titan Restoration and Construction agrees to defend, indemnify, and hold completely harmless Shift AI, its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (“Shift AI Parties”) from and against any and all:

Claims, demands, actions, suits, or proceedings
Losses, damages, costs, expenses, and liabilities (including reasonable attorneys’ fees)
Judgments, settlements, fines, penalties, or awards

Arising from or relating to:

Any communications made by or through Shift AI on behalf of Titan Restoration and Construction from any lead source
Any violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or other communications laws related to multi-channel lead processing
Any breach of these Terms by Titan Restoration and Construction
Any negligent or wrongful acts by Titan Restoration and Construction
Any failure by Titan Restoration and Construction to obtain proper consent from customers across any platform
Any misrepresentation or false information provided by Titan Restoration and Construction to customers
Any dispute arising from Titan Restoration and Construction’s services or business practices
Cross-platform lead integration and processing activities
Facebook, Google, or other advertising platform compliance issues

B. Customer/Homeowner/Lead Indemnification of Shift AI

By using this website, submitting information through any lead generation channel (website forms, Facebook lead forms, Facebook ads, Google ads, Shift AI systems, etc.), or providing your contact information through any platform, you (“Customer,” “Homeowner,” or “Lead”) agree to defend, indemnify, and hold completely harmless the Shift AI Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

Your use of any website, social media platform, or communication service
Your submission of information through any lead generation channel
Your violation of these Terms and Conditions
Your violation of any applicable laws or regulations
Any false, inaccurate, or misleading information you provide through any channel
Any communications you receive from Shift AI acting on behalf of Titan Restoration and Construction, including immediate, frequent, or persistent contact attempts regardless of lead source
Any dispute you have with Titan Restoration and Construction regarding their services or Shift AI’s speed-to-lead activities
Your revocation or failure to properly revoke communication consent including delays in stopping immediate response systems across all platforms
Any third-party claims arising from your interactions with Shift AI or use of AI-powered services including speed-to-lead technologies from any source
Any claims related to the frequency, timing, or persistence of communications from Shift AI’s automated systems triggered by any lead source
Any regulatory violations arising from speed-to-lead contact attempts, even if such attempts exceed typical industry frequency
Cross-platform retargeting advertisements and integrated marketing communications

C. Scope of Indemnification

These indemnification obligations:

Are unlimited in amount and duration
Apply regardless of the legal theory of liability (contract, tort, statute, etc.)
Include defense costs and reasonable attorneys’ fees
Survive termination of these Terms
Apply even if the indemnified party is partially at fault
Cover both direct and indirect claims
Apply to all lead sources and communication channels

D. Notice and Defense Procedures

The indemnified party must:

Promptly notify the indemnifying party of any claim
Allow the indemnifying party to control the defense and settlement
Cooperate reasonably in the defense

The indemnifying party may not settle any claim without the indemnified party’s written consent if the settlement imposes obligations on the indemnified party.

4. SHIFT AI TECHNOLOGY DISCLOSURES

A. Artificial Intelligence Services Across All Platforms

You acknowledge and agree that:

Shift AI provides artificial intelligence and automated communication services integrated across all lead sources
AI interactions may not always be perfect or error-free regardless of submission channel
AI responses are based on programmed algorithms and training data
Shift AI operates as an independent technology provider under contract with Titan Restoration and Construction
AI systems process leads from website forms, Facebook, Google, and all other sources uniformly

B. Cross-Platform Data Processing and AI Training

By consenting to communications with Shift AI through any channel, you acknowledge that:

Your interactions across all platforms may be recorded and analyzed for quality and training purposes
Shift AI may use de-identified interaction data from all sources to improve its AI systems
Personal information will be handled according to our Privacy Policy regardless of submission source
Cross-platform tracking may occur to provide comprehensive service
You may request deletion of your interaction data at any time

C. Limitation of AI Services

Shift AI’s services are limited to:

Initial customer communication and screening from any lead source
Appointment scheduling and basic inquiries
Automated follow-up and customer service across all platforms
Lead qualification and data collection regardless of source
Cross-platform lead integration and management

Shift AI does NOT:

Provide construction advice or technical guidance
Make binding commitments on behalf of Titan Restoration and Construction
Handle complex customer service issues requiring human intervention
Guarantee any specific outcomes or results from any lead source

5. WEBSITE USE AND MULTI-PLATFORM RESTRICTIONS

A. Permitted Use

You may use our digital platforms (website, social media, advertising interactions) for personal, non-commercial purposes only. You agree to:

Provide accurate and truthful information through any channel
Use all platforms in compliance with applicable laws
Respect intellectual property rights across all platforms
Cooperate with AI-powered communication systems regardless of lead source

B. Prohibited Activities

You may NOT:

Use automated systems to access or scrape any of our digital properties
Attempt to circumvent security measures or AI systems on any platform
Upload malicious code or harmful content through any channel
Interfere with Shift AI’s operations or technology across any platform
Violate any applicable laws or regulations on any platform
Use any platform for fraudulent purposes
Attempt to reverse engineer or manipulate AI communication systems from any source

6. PRIVACY AND DATA PROTECTION

A. Multi-Channel Information Collection

We and Shift AI collect information that you voluntarily provide through any channel, including:

Contact information (name, phone, email, address) from any source
Project details and service requests from any platform
Communication preferences and interaction history across all channels
Website usage data and analytics
Social media interaction data
Advertising engagement metrics
AI interaction logs and recordings from all sources
Cross-platform tracking and behavioral data

B. Third-Party Analytics and AI Services

We use the following third-party services across all platforms:

Shift AI:

Provides AI-powered communication and customer service across all lead sources
Processes customer interaction data from all channels for service delivery
May record and analyze communications from any platform for quality and training
Privacy Policy: https://www.shiftnow.io/privacy-policy

TrustedForm by ActiveProspect:

Documents user consent and interactions across multiple platforms
Collects page URLs, click data, timestamps, and IP addresses from all sources
Privacy Policy: https://activeprospect.com/privacy-policy/

LeadiD by Jornaya:

Tracks user behavior and validates lead quality across all channels
Collects browser information, IP addresses, and interaction data from multiple sources
Privacy Policy: https://marketing.verisk.com/consumer-privacy-policy-jornaya/

Facebook Business Tools:

Tracks interactions with Facebook ads and lead forms
Collects engagement data and conversion metrics
Privacy Policy: https://www.facebook.com/privacy/policy/

Google Analytics and Ads:

Tracks website visits, ad interactions, and conversion data
Collects user behavior and advertising performance metrics
Privacy Policy: https://policies.google.com/privacy

C. Data Use and Sharing

We use your information from any source to:

Provide requested services and communications
Enable AI-powered customer interactions through Shift AI across all platforms
Improve our website, services, AI systems, and advertising effectiveness
Comply with legal obligations
Provide cross-platform retargeting and remarketing

We do NOT sell your personal information to third parties, but we do share necessary information with Shift AI and advertising platforms to provide AI-powered services and effective marketing communications.

7. SERVICE-RELATED TERMS

A. Project Estimates and Quotes from Any Source

All estimates and quotes, regardless of lead source, are:

Valid for 30 days unless otherwise specified
Subject to site inspection and material availability
Not binding until a written contract is executed
May be initially provided through AI-powered systems with human verification
Consistent across all lead sources and communication channels

B. AI Service Limitations Across All Platforms

AI communications are supplemental to human customer service on all platforms
Complex issues will be escalated to human representatives regardless of lead source
AI responses are not legally binding commitments from any channel
Final service agreements require human approval and written contracts

C. Safety Warning

IMPORTANT SAFETY NOTICE: Home improvement and construction projects involve inherent risks. Always:

Follow manufacturer instructions and safety warnings
Consult qualified professionals for complex projects
Use appropriate safety equipment and precautions
Comply with local building codes and permits

You assume all risks associated with any DIY work or modifications based on information from our website, social media, AI communications, or any other source.

8. INTELLECTUAL PROPERTY

All content across our digital platforms, including text, images, logos, design elements, AI-generated content, and advertising materials, is owned by Titan Restoration and Construction and/or its licensors (including Shift AI) and protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without express written permission.

Copyright Agent Email: copyright@mytitanusa.com
Address: 211 Ricelan Dr, Simpsonville, SC 29681
Phone: (864) 358-9711

9. DISCLAIMERS AND WARRANTIES

A. Multi-Platform Service Availability

All digital platforms, AI services, and content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, regardless of access method or lead source.

B. AI Service Disclaimer Across All Channels

We and Shift AI do not warrant that:

AI communications will be error-free or always accurate on any platform
AI systems will be available without interruption across all channels
AI responses will meet your specific needs or expectations from any source
All AI interactions will be properly recorded or logged regardless of platform

C. Service Performance

Our construction and restoration services are provided with professional skill and care consistent with industry standards. However, we cannot guarantee specific outcomes or results from either human or AI-assisted communications from any source.

10. LIMITATION OF LIABILITY

A. Maximum Liability

Our total liability to you for any claims arising from these Terms or use of our services through any channel (including AI services from any platform) shall not exceed the amount you paid us in the 12 months preceding the claim, or $1,000, whichever is less.

B. Shift AI Liability Exclusion

SHIFT AI PARTIES HAVE NO LIABILITY TO YOU WHATSOEVER regardless of lead source or communication channel. All claims must be directed against Titan Restoration and Construction only.

C. Excluded Damages

Neither we nor Shift AI are liable for indirect, special, incidental, punitive, or consequential damages from any source, including but not limited to:

Lost profits or business opportunities
Data loss or corruption across any platform
AI system failures or errors from any channel
Personal injury (except where prohibited by law)
Property damage not directly caused by our negligence
Cross-platform advertising or communication issues

D. Exceptions

This limitation does not apply to:

Personal injury or property damage caused by our gross negligence
Violations of consumer protection laws where limitation is prohibited
Intentional misconduct
Indemnification obligations (which remain unlimited)

11. DISPUTE RESOLUTION

A. Mandatory Arbitration Agreement

PLEASE READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

You, Titan Restoration and Construction, and Shift AI agree to resolve disputes through binding arbitration instead of court litigation, except as specified below, regardless of the original lead source or communication channel.

B. Covered Disputes

This arbitration agreement covers all disputes arising from or relating to:

These Terms and Conditions
Our Privacy Policy
Your use of our services through any channel (website, social media, advertising interactions, AI services)
Any communications between you and us or Shift AI from any source
Contract, warranty, tort, fraud, or other legal claims involving Titan Restoration and Construction
Cross-platform lead processing and communication activities

C. Shift AI Arbitration Protection

Any disputes involving Shift AI must be resolved through arbitration regardless of lead source, and you waive all rights to bring court actions against Shift AI. All Shift AI disputes are subject to the indemnification provisions in Section 3.

D. Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

Individual small claims court actions (under $10,000) against Titan Restoration and Construction only
Intellectual property disputes
Injunctive relief for contract breaches
TCPA violations may be pursued in court at your option, but only against Titan Restoration and Construction

E. Arbitration Procedures

Notice Requirement: Before filing arbitration, you must send written notice to:

Titan Restoration and Construction ATTN: Legal Department – Dispute Notice 211 Ricelan Dr, Simpsonville, SC 29681 Email: legal@mytitanusa.com

Copy to: Shift AI Legal Department 12460 Crabapple Rd STE 202-522 Alpharetta GA 30004 Email: legal@shiftnow.io

Administration: Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, modified by these Terms.

Location and Costs:

Hearings in your county of residence
Titan Restoration and Construction pays all AAA fees for claims under $75,000
You pay only the consumer filing fee ($200 or less)
Each party pays their own attorney fees unless awarded by arbitrator

F. Class Action Waiver

YOU, TITAN RESTORATION AND CONSTRUCTION, AND SHIFT AI AGREE TO BRING DISPUTES ONLY IN INDIVIDUAL CAPACITY, NOT AS CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR COLLECTIVE PROCEEDINGS.

If this class action waiver is found unenforceable, the entire arbitration agreement becomes void for court disputes, but indemnification obligations remain in full force.

12. LEGAL COMPLIANCE AND REGULATORY MATTERS

A. Governing Law

These Terms are governed by the laws of South Carolina, without regard to conflict of law principles, and apply to all lead sources and communication channels.

B. Regulatory Compliance

We comply with applicable federal, state, and local laws across all platforms, including:

Telephone Consumer Protection Act (TCPA) for all communication channels
CAN-SPAM Act for email communications from any source
Fair Credit Reporting Act (FCRA)
State contractor licensing requirements
Consumer protection regulations
AI and automated communication regulations
Facebook advertising policies and compliance requirements
Google advertising policies and compliance requirements
Cross-platform privacy and data protection regulations

C. Statute of Limitations

Any claim must be filed within NINETY (90) DAYS after the claim arises, or it will be permanently barred, regardless of the original lead source or communication channel.

D. TCPA Safe Harbor

Both you and Titan Restoration and Construction acknowledge that:

Express written consent has been obtained for all communications across all platforms
Shift AI operates as our authorized agent under our direction for all lead sources
All required disclosures have been provided regardless of submission channel
Proper opt-out mechanisms are maintained across all platforms and systems

13. MODIFICATIONS AND UPDATES

A. Terms Updates

We may modify these Terms at any time by posting updated Terms on our website. Continued use of any service or platform after modifications constitutes acceptance of new Terms.

B. Communication Consent Changes

For any changes to Section 2 (Communications Consent), we will:

Provide 30 days advance notice via email or text
Allow you to reject changes and maintain original consent terms
Obtain new express consent if required by law
Update Shift AI and all integrated systems accordingly
Apply changes uniformly across all lead sources and platforms

C. Indemnification Survival

All indemnification obligations in Section 3 survive any termination or modification of these Terms and apply to all lead sources and communication channels.

14. SEVERABILITY AND ENFORCEABILITY

If any provision of these Terms is found unenforceable, the remainder will remain in full force and effect across all platforms and lead sources. The indemnification provisions in Section 3 are specifically intended to be severable and enforceable regardless of the enforceability of other provisions.

15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you, Titan Restoration and Construction, and Shift AI regarding use of all services and communications across all platforms and lead sources. They supersede all prior agreements and understandings.

16. CONTACT INFORMATION

Titan Restoration and Construction

General Inquiries:

Phone: (864) 358-9711
Email: info@mytitanusa.com
Website: www.mytitanusa.com

Legal/Compliance Issues:

Email: legal@mytitanusa.com
Phone: (864) 358-9711

Opt-Out Requests:

Phone: (864) 358-9711
Email: optout@mytitanusa.com

Mailing Address: 211 Ricelan Dr, Simpsonville, SC 29681

Shift AI Contact:

Email: support@shiftnow.io
Legal: legal@shiftnow.io

ACKNOWLEDGMENT: By using our website, social media platforms, responding to our advertisements, submitting information through any lead generation channel, or utilizing our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including the comprehensive indemnification of Shift AI and consent to AI-powered communications across all platforms and lead sources.

Last Updated: May 29, 2025