Terms of Service
Effective Date: 06-01-20261. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the website HitSelectAgency.com (the “Site”), the Watson platform, and all related services (collectively, the “Services”) provided by Hit Select Agency DBA Watson (“Hit Select,” “Watson,” “we,” “us,” or “our”), a business operating in Salt Lake City, Utah. The formal legal entity party to these Terms is HitSelect LLC?. By accessing the Site, enrolling in the Watson platform, or engaging Hit Select for services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site or the Services.2. Description of Services
Hit Select Agency is a full-service digital marketing agency and creative studio. Our Services may include, without limitation, paid media management, search engine optimization, social media management, creative and content production, web design and development, and access to the Watson platform. Watson is an operational workforce-notification platform. Client companies use Watson to prompt their own technicians, employees, and authorized personnel to upload job photos and social content. Watson is a tool used by the client company to communicate with its own workforce; it is not a consumer marketing platform.3. Client Responsibilities
If you are a client company using the Watson platform, you agree that: (a) you will only enroll phone numbers belonging to individuals from whom you have obtained express permission to enroll; (b) you will accurately complete the per-number consent attestation described in Section 9; (c) you will promptly remove individuals who no longer wish to participate or who are no longer associated with your organization; and (d) you will not use the Services to send marketing, promotional, or solicitation content of any kind. You are responsible for the accuracy of the information you provide to us and for maintaining the confidentiality of your account credentials.4. Payment Terms
Fees for Services are set out in the applicable proposal, statement of work, subscription plan, or service agreement between you and Hit Select. Unless otherwise stated in that agreement: invoices are due within 15 days of the invoice date; recurring subscription fees are billed in advance; late amounts may accrue interest at 5%; and we may suspend Services on accounts that remain past due. All fees are non-refundable except as expressly stated in your service agreement or as required by law. You are responsible for any applicable taxes.5. Intellectual Property
All content on the Site and within the Watson platform — including software, text, graphics, logos, trademarks, and the Watson name and marks — is owned by Hit Select or its licensors and is protected by applicable intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Services without our prior written consent. Ownership of deliverables produced for a client is governed by the applicable service agreement. Content you or your personnel upload to Watson remains yours; you grant us a limited, non-exclusive license to host, process, store, and transmit that content solely to provide the Services.6. Acceptable Use
You agree not to use the Services to: violate any law or regulation, including the Telephone Consumer Protection Act (TCPA) or applicable carrier requirements; enroll phone numbers without express permission; transmit unlawful, harassing, defamatory, or infringing content; attempt to gain unauthorized access to our systems; or interfere with the operation of the Services.7. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any particular marketing or business result will be achieved. Message delivery depends on wireless carriers and other third parties outside our control.8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIT SELECT AGENCY DBA WATSON AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE [LIABILITY CAP PERIOD — 1 day PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.9. SMS and Text Messaging Terms
9.0 Eligibility
You must be at least 18 years old to consent to receive text messages from us or from a text messaging program we operate on behalf of a client.
9.1 Program Description
Watson is an operational and transactional text-messaging service operated by Hit Select Agency DBA Watson. Client companies (employers) use Watson to prompt their own technicians, employees, and authorized personnel to upload job photos and social posts. Messages are operational and transactional in nature — task prompts, reminders, and related service communications. Watson does not send marketing or promotional text messages. The program does not deliver advertisements, sales offers, promotions, or purchase receipts.9.2 How Mobile Numbers Are Collected and How You Opt In
Mobile numbers are entered into the Watson portal by the client company (the employer). When adding each phone number, the client company must check a box confirming that it has that individual’s permission to enroll them in the service and agreeing to language of the form: “Do you agree to receive text messages from Hit Select DBA Watson?” Consent is captured per phone number — one checkbox per number. Blanket or bulk list uploads without per-number consent are not permitted. After a number is added, the individual receives a confirmation (double opt-in) message and must reply YES to activate the service. Sample confirmation message:“You were chosen to upload job photos and social posts. Msg frequency varies. Msg & data rates may apply. Reply YES to opt in, HELP for help, STOP to opt out.”No further messages are sent unless the individual replies YES.
9.3 Message Frequency
Message frequency varies.9.4 Cost
Message and data rates may apply. Watson does not charge a fee for the text messages themselves; your mobile carrier’s standard messaging and data rates apply.9.5 How to Opt Out (STOP)
You may cancel at any time by replying STOP to any message from the program. After you reply STOP, we will send a single confirmation message and will not send further messages unless you opt in again by replying YES or being re-enrolled with fresh consent.9.6 How to Get Help (HELP)
Reply HELP to any message for assistance, or contact us at info@HitSelectAgency.com or (801) 796-2393.9.7 Carriers
Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your wireless service provider and is not guaranteed. The service may not be supported by all carriers or on all devices.9.8 Privacy and No Sharing of Opt-In Data
Mobile opt-in data and consent will not be shared with or sold to any third parties or affiliates for marketing purposes. Mobile numbers and consent records are used solely to operate the Watson service. Hit Select Agency DBA Watson retains consent records; the client company that enrolled a number is responsible for obtaining and attesting to that individual’s consent. For full details, see our Privacy Policy.9.9 SMS Contact
Hit Select Agency DBA Watson · Salt Lake City, Utah · info@HitSelectAgency.com · (801) 796-239310. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, if your account is past due, if we are required to do so by law or by a carrier or regulator, or if we discontinue the Services. Termination of a client engagement is otherwise governed by the applicable service agreement. Sections relating to intellectual property, payment obligations accrued prior to termination, disclaimers, limitation of liability, and governing law survive termination.11. Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and you consent to the personal jurisdiction of those courts.12. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the Effective Date above and post the revised Terms on this page. Your continued use of the Site or the Services after changes are posted constitutes acceptance of the revised Terms.13. Contact Us
Questions about these Terms? Contact us at: Hit Select Agency DBA Watson Salt Lake City, Utah Email: info@HitSelectAgency.com Phone: (801) 796-2393Note: This page contains standard template language. It is not legal advice. Please have it reviewed by qualified legal counsel before it goes live.