Terms & Conditions

About Above

Above is the registered assumed name under which Above Systems LLC, a Texas limited liability company, conducts business.

Above provides managed business technology, communications, websites, CRM and customer-operations systems, business email, business phone and messaging services, AI-assisted services, automation, implementation, migration, configuration, support, and other separately agreed technology services.

Specific products and services may be offered under names such as Above Launch or Above Assist. The exact scope and commercial terms applicable to a customer are determined by the applicable written agreement.

Website Use

You may use our websites for lawful purposes, including learning about Above, reviewing our products and services, requesting information, contacting us, scheduling a consultation, or interacting with available website features.

You may not:

• attempt to gain unauthorized access to systems, accounts, or data;
• introduce malware, malicious code, or harmful content;
• interfere with or disrupt a website, service, or its infrastructure;
• use automated systems to abuse, overload, attack, scrape, extract data from, or otherwise interfere with our websites, services, or systems except as expressly authorized by Above;
• impersonate another person or organization;
• submit fraudulent, unlawful, or intentionally misleading information;
• use our services to violate the rights of another person or organization; or
• use our websites or services in violation of applicable law.

Information About Our Products and Services

Information presented on our websites describes our products, services, capabilities, technologies, pricing, and potential outcomes for general informational and business-development purposes.

Website content does not by itself create a binding offer, guarantee, warranty, service commitment, or customer relationship. Specific scope, deliverables, fees, billing terms, service levels, responsibilities, timelines, included features, exclusions, and other commercial terms are defined in the applicable written agreement.

We may change, update, add, or remove website content, products, capabilities, or pricing information from time to time.

Customer Engagements and Agreements

Submitting a form, sending an email, participating in a consultation, requesting a proposal, communicating with an AI assistant, or otherwise contacting Above does not by itself create a customer relationship, service agreement, fiduciary relationship, partnership, employment relationship, or obligation to perform services.

A paid service relationship begins according to the applicable commercial agreement between Above and the customer. That agreement may include a proposal, order form, subscription agreement, statement of work, service agreement, or similar written document.

The customer-specific agreement controls over these public Terms with respect to pricing, service scope, billing, renewal, cancellation, change requests, ownership, support obligations, service commitments, and other matters specifically addressed in that agreement.

Customer Responsibilities

Customers and users are responsible for providing accurate information, maintaining appropriate access controls for their accounts and systems, and using Above-provided services in a lawful manner.

When a customer supplies data, content, contact information, communications, credentials, domains, software access, or other materials necessary for Above to provide services, the customer is responsible for having the rights, authority, permissions, and consents necessary for that use.

Business customers are also responsible for providing legally required notices and obtaining legally required permissions or consents from their own employees, customers, callers, website visitors, leads, prospects, or other individuals when required by applicable law.

AI and Automated Services

Some Above products and services may use artificial intelligence, automated workflows, conversational systems, voice technology, chat systems, or similar technologies to answer questions, capture information, schedule appointments, route requests, summarize interactions, initiate configured workflows, or perform other business functions.

AI and automated systems may occasionally produce incomplete, inaccurate, or unexpected responses. Customers are responsible for determining whether automated functionality is appropriate for their particular use case and for maintaining appropriate human review or oversight where necessary.

Unless expressly authorized in a written agreement or configured workflow, an AI or automated interaction does not independently modify a customer contract or create a binding commitment on behalf of Above.

Calls, Communications, and Recordings

Above may communicate through phone calls, email, text messaging, website chat, forms, appointment systems, support channels, AI voice, AI chat, and other communication methods.

Depending on the service, configuration, and applicable law, calls or conversations may be recorded, transcribed, summarized, or processed for service delivery, quality, support, security, recordkeeping, or related business purposes.

Additional information about our handling of personal information is available in our Privacy Policy.

SMS Messaging Terms

Program Name: Above SMS Messaging Program.

If you voluntarily opt in to receive text messages, Above may send informational and transactional text messages regarding your inquiry, follow-up communications, appointment scheduling or reminders, and related service communications. Consent to receive text messages is optional and is not required to submit an inquiry or purchase services.

SMS messages from Above may be sent from +1 737-252-7889 or another number clearly identified as belonging to Above.

Message frequency may vary based on your inquiry and interactions with Above. Message and data rates may apply to messages sent to you from us and from you to us. If you have questions about your text or data plan, contact your wireless provider.

You can cancel the SMS service at any time by replying STOP to a message from Above. After you send STOP, we will send an SMS message confirming that you have been unsubscribed. After that confirmation, you will no longer receive SMS messages from that messaging program. If you wish to receive messages again, you may opt in again through an available Above opt-in method.

If you need assistance with the messaging program, reply HELP or contact us at [email protected].

Carriers are not liable for delayed or undelivered messages.

For information about how we collect, use, and protect personal information and mobile opt-in data, please review our Privacy Policy.

Payments and Billing

Fees, billing frequency, payment timing, recurring charges, renewal terms, cancellation rights, setup charges, usage charges, change charges, taxes, and other commercial terms for paid services are governed by the applicable customer agreement.

Payments may be processed through third-party payment providers. Those providers may impose their own terms, policies, technical requirements, and processing rules.

Third-Party Platforms and Services

Above products and services may depend on or integrate with third-party technology such as cloud platforms, website platforms, CRM systems, telecommunications carriers, domain registrars, hosting providers, email platforms, Microsoft 365, payment providers, communications services, analytics systems, APIs, artificial-intelligence providers, and other external services.

Third-party products and services are governed by their own agreements, pricing, licensing, policies, availability, security practices, product changes, and service levels.

Above does not control third-party providers and is not responsible for outages, discontinuations, pricing changes, policy changes, feature changes, vendor errors, account restrictions, security incidents, or other acts or omissions of third parties outside our reasonable control, except to the extent responsibility is expressly assumed in a separate written agreement.

No Guarantee of Business or Technology Results

Above provides technology and managed services intended to help businesses operate more effectively, communicate with customers, manage information, and improve business processes.

Results depend on many factors outside Above's control. Unless expressly stated in a written customer agreement, Above does not guarantee specific revenue, sales, leads, conversion rates, customer acquisition, cost savings, search-engine rankings, AI-search placement, traffic levels, business growth, third-party uptime, customer adoption, or other business outcomes.

Intellectual Property

Unless otherwise stated, the Above name, Above Systems LLC branding, product names, website design, text, graphics, original code, visual elements, and other original content are owned by or licensed to Above Systems LLC and are protected by applicable intellectual-property laws.

You may view and use our websites for normal personal, informational, or business-evaluation purposes. You may not reproduce, distribute, republish, sell, modify, or commercially exploit substantial portions of our original content without permission, except where permitted by law.

Third-party names, trademarks, logos, products, and services remain the property of their respective owners. Reference to a third-party product or service does not imply ownership, sponsorship, or endorsement unless expressly stated.

Ownership, licensing, transfer, and permitted use of materials created or configured for a customer are governed by the applicable customer agreement.

Privacy

Your use of Above-operated websites and services and our handling of personal information are also subject to our Privacy Policy.

Third-Party Links

Our websites and services may contain links to websites, platforms, software, products, or services operated by third parties.

Above is not responsible for the content, availability, security, terms, privacy practices, or other practices of third parties when they operate independently of Above.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, our public websites and website content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

Above does not warrant that a website will always be available, uninterrupted, error-free, secure, or free of harmful components, or that website information will always be complete, current, or suitable for a particular purpose.

Warranties, commitments, service levels, or obligations relating to paid customer services, if any, are governed by the applicable customer agreement.

Limitation of Liability

To the fullest extent permitted by applicable law, Above Systems LLC, d/b/a Above, and its owners, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from your use of or inability to use our public websites.

This website limitation does not replace or alter liability provisions contained in a separately executed customer agreement. Liability relating to paid services will be governed by the applicable written agreement and applicable law.

Nothing in these Terms limits liability that cannot lawfully be excluded or limited.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Above Systems LLC harmless from claims, liabilities, damages, and reasonable costs arising from your unlawful use of our websites, your material violation of these Terms, or content you knowingly submit in violation of another person's rights.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.

A customer-specific agreement may contain its own governing-law, venue, dispute-resolution, arbitration, or other legal provisions, in which case that agreement controls for the applicable customer relationship.

Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

No Waiver

A failure by Above to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our websites, products, services, technologies, business practices, or legal requirements.

Updated Terms become effective when posted on this page unless otherwise stated. The Effective Date shown at the top of the page identifies the current version.