Terms of Service

These Terms of Service govern your use of the SamCalls wellness check-in service operated by Ellis Marketing of Texas LLC ("we," "us," or "our"). By creating an account or using SamCalls, you agree to these Terms. If you do not agree, do not use our service.

1. Description of Service & SMS Messaging Use Cases

Ellis Marketing of Texas LLC operates SamCalls, an AI-powered wellness check-in service that places scheduled voice calls to enrolled seniors on behalf of caregiver subscribers. As part of this service, we send SMS text messages to the caregiver's registered mobile number.

SMS messages sent by SamCalls include the following use cases:

• Post-Call Wellness Summaries: A brief summary after each completed AI wellness call describing the senior's mood and any notable topics discussed
• Urgent Caregiver Alerts: Immediate notifications when a call outcome indicates the senior may need assistance, expressed distress, or requested support
• Missed Call Notifications: Notifications when a call attempt received no answer after the maximum retry attempts
• Voicemail Notifications: Alerts when a voicemail was left for the senior
• Callback Confirmations: Confirmations when a callback has been requested or scheduled
• Account & Subscription Notifications: Billing reminders, plan changes, and service updates

2. Opt-Out Instructions

You may opt out of SamCalls SMS messages at any time using any of the following methods:

You may also opt out by emailing [email protected] and requesting SMS removal.

3. Customer Support Contact

For questions, billing issues, or support related to your SamCalls account or SMS messages, contact us through any of the following:

We will respond to all support inquiries within 2 business days.

4. Message & Data Rate Disclosure

Message and data rates may apply to all SMS messages sent and received as part of the SamCalls service. These charges are determined by your mobile carrier and your individual wireless plan. SamCalls does not charge separately for SMS messages — they are included as part of your subscription.

Message frequency by plan:

• Weekender Plan: Up to 2 SMS messages per week
• Standard Plan: Up to 3–5 SMS messages per week
• Daily Plan: Up to 1 SMS message per day (up to 7 per week)
• All Plans: Additional urgent alert messages may be sent regardless of plan frequency when a senior requires immediate attention

5. Carrier Liability Disclaimer

SamCalls makes no guarantee that SMS messages will be delivered within a specific timeframe. Delivery times may vary based on carrier network conditions, message volume, and device availability.

6. Age Restriction — 18 Years or Older Required

Ellis Marketing of Texas LLC does not knowingly collect personal information from individuals under the age of 18. If we become aware that a user under 18 has created an account, we will terminate the account and delete all associated data.

7. Subscription, Billing & Cancellation

SamCalls is a subscription-based service billed monthly. All new accounts include a 7-day free trial period. After the trial, your selected plan rate will be charged automatically to the payment method on file.

• You may cancel your subscription at any time through your account dashboard
• Cancellations take effect at the end of the current billing period
• Refunds are not issued for partial billing periods
• Cancellation does not automatically opt you out of SMS — reply STOP separately if desired

8. Acceptable Use

You agree to use SamCalls only for its intended purpose — scheduling and receiving AI wellness check-in calls for a senior family member or loved one in your care. You may not use SamCalls to:

• Enroll individuals without their knowledge or agreement
• Harass, deceive, surveil, or harm any person
• Collect, transmit, or store Protected Health Information (PHI)
• Violate any applicable federal, state, or local law or regulation
• Circumvent or attempt to circumvent any security feature of the platform

Violations of this section may result in immediate account termination without refund.

9. No Medical Advice

SamCalls is a wellness check-in service only. It is not a medical service, mental health service, or emergency response service. The AI agent cannot provide medical advice, diagnose conditions, or respond to medical emergencies. If you or your loved one is experiencing a medical emergency, call 911 immediately.

10. Privacy Policy

Your use of SamCalls is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, and protect your personal information, including your SMS opt-in consent data.

View our full Privacy Policy at: www.samcalls.com/privacy-policy

11. Limitation of Liability

To the maximum extent permitted by applicable law, Ellis Marketing of Texas LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the SamCalls service. Our total liability shall not exceed the amount you paid for the service in the 30 days preceding the claim.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or SMS notice. Continued use of SamCalls after changes take effect constitutes your acceptance of the revised Terms. The most current version of these Terms will always be available at www.samcalls.com/terms-of-service.

13. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Collin County, Texas.

14. Contact Us