Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Polca LLC, a Nebraska limited liability company ("Polca," "we"), and the business entity accepting them (the "Agency," "you"). The Service is offered to businesses only; by creating an account, accepting an invitation, submitting an order form, or using the Service, the individual accepting represents they have authority to bind the Agency. These Terms contain a binding arbitration clause and class action waiver (Section 22) and a one year limitation on claims (Section 21.4).

1. Definitions

"Service" or "Platform" means the hosted software platform provided under these Terms, including the agency operations platform, branded power dialer, AI appointment setting assistant, provisioning services, and related support. "Products" means the two branded editions of the Platform: Polca (offered to client agencies at polca.ai) and LifePros (the edition used by The Life Pros agency and its producers); references to "Polca," "we," and "us" include the operator of the edition you use. "Legal Set" means these Terms, the Privacy Policy, the Data Processing Addendum, the Acceptable Use Policy, and the Calling and Recording Policy, together. "Order Form" means any ordering document or online purchase flow referencing these Terms. "Seat" means a subscription assigned to one named individual user. "Agency Content" means data, contacts, recordings, scripts, documents, and other materials you or your users submit to or generate through the Service. "Consumer" means a lead, client, or other individual your Agency contacts or serves through the Service. "Opt-Out Ledger" means the permanent per Agency record of Consumers who must not be contacted, described in Section 10.3.

2. One Legal Set; acceptance and versioning

2.1 One set of documents governs both Products. The same Legal Set applies whether you use the Polca edition or the LifePros edition. Where an edition lacks a feature described here, the related provisions simply do not apply to that edition.

2.2 Every user accepts. Each individual user of either Product (owner, manager, or rep) is asked to accept the Legal Set at signup or, for existing users, at their next login after the Legal Set changes. Continued use of the Service also constitutes acceptance of the then current Legal Set.

2.3 Acceptance is versioned and logged. Each acceptance is recorded with the accepting user, the document versions accepted, a timestamp, and technical details such as IP address and browser. These records are retained as evidence of assent.

2.4 We may update the Legal Set prospectively. For material changes we give at least 30 days' notice by email or in-product notice, and users are asked to re-accept at next login as described above.

3. The Service; what Polca is and is not

3.1 Polca provides software and connectivity for life insurance agencies: appointment setting, dialing, CRM synchronization, reporting, training, and related tooling.

3.2 Polca is not an insurance producer, agency, broker, or advisor. Polca does not sell insurance, quote premiums, take applications, bind coverage, or give insurance, legal, or compliance advice. All insurance activity is performed solely by your appropriately licensed personnel.

3.3 No compliance guarantee. The Service includes tools that support a compliance program (opt-out enforcement, calling hour controls, recording controls, audit logs). They are tools only. Polca does not warrant that your use of the Service complies with law, and nothing in the Service or our communications is legal advice. Polca will, however, operate the Service materially in accordance with the dialing restrictions, suppression controls, and configurations your Agency selects, a commitment to follow your settings, not a guarantee of legal compliance.

3.4 We may modify features of the Service from time to time, provided we do not materially reduce its core functionality during a paid term.

3.5 Roles on calls. For every campaign and call, the Agency: selects the recipients; determines the purpose and any offer; supplies or approves the configuration and messaging; is the seller and the party on whose behalf calls are placed or answered; and directs Polca's systems to initiate or answer the communication. Polca acts solely as the Agency's technology provider.

4. Accounts, seats and access

4.1 Seats are licensed to named individual users and may not be shared, pooled, rotated among individuals to circumvent fees, or accessed by anyone other than the assigned user. You may reassign a seat to a new individual when a person leaves a role.

4.2 You are responsible for all activity under your account, for maintaining credential confidentiality, and for promptly deactivating users who leave your Agency. You will notify us immediately of suspected unauthorized access.

4.3 You must be, and remain, a validly existing business with all licenses and registrations required for your insurance and telemarketing activities, including any applicable state telemarketer registration or bonding requirements.

5. Fees, billing and trials

5.1 Seat pricing. The Service is sold per Seat, per month:

• Platform Seat: $97 per month (agency operations platform).
• Power Dialer Seat: $597 per month (platform plus branded power dialer).
• AI Seat: $1,597 per month (platform, dialer, and the AI appointment setting assistant).

An Order Form may state different pricing for a specific Agency, in which case the Order Form controls for that Agency.

5.2 No setup fees. Polca does not charge setup, onboarding, provisioning, activation, or reactivation fees. Any earlier document, page, or offer that referenced a setup fee is superseded, and no setup fee applies to any account.

5.3 Who pays for a seat. The Agency owner maintains and pays for their own Seat. A manager may fund Seats for members of their downline. A rep may self-pay for their own Seat by accepting an invitation and adding their own payment method. The payment method on file for a Seat is the one charged for that Seat.

5.4 Billing in advance. Seat charges are billed upfront: each Seat bills monthly in advance to the payment method on file, starting when the Seat is purchased or assigned. Upgrades take effect immediately with proration. Downgrades and cancellations take effect at the end of the current billing period. No refunds or credits for partial periods, except where required by law.

5.5 Free trial. New accounts may receive a 14 day free trial of the $97 Platform Seat tier only. A valid payment card is required to start the trial. Power Dialer and AI Seats are not included in any trial. Your card is not charged during the trial. At the end of the 14 day trial the account automatically converts to a paid $97 per month Platform subscription and the payment card on file is charged, unless you cancel before the trial ends. You may cancel at any time during the trial to avoid the charge. On cancellation, access ends when the trial period expires and the account enters the wind down process in Section 18.

5.6 Payment recovery. If a payment fails, we retry the payment method and notify the payer. We may suspend the affected Seats while payment is outstanding. When a failed payment is recovered, service resumes automatically, with no reactivation fee and no re-onboarding required.

5.7 Prices may change prospectively with at least 30 days' notice, effective at your next monthly period or renewal, never retroactively.

5.8 Late amounts accrue interest at 1.5% per month (or the maximum lawful rate, if lower). You are responsible for our reasonable costs of collection. We may charge a $25 administrative fee for each payment card chargeback later determined to be invalid.

5.9 Fees are exclusive of taxes; you are responsible for all applicable taxes, duties, and governmental assessments (other than taxes on Polca's income), and for any telecommunications related taxes, fees, or surcharges attributable to your usage that we are required to collect or pass through, disclosed in advance.

5.10 All payment obligations are non-cancelable and amounts paid are non-refundable except as expressly stated. You may not withhold or set off fees.

6. Telephony, numbers and carrier dependencies

6.1 Call delivery, phone numbers, caller identity registration, and branded display are provided through third party carriers and registration authorities. Numbers provisioned for your Agency are licensed for use within the Service, are not your property, and may be rotated, remediated, or reclaimed as required for network reputation management, carrier policy, or non-payment. Numbers your Agency brings to the Service or separately owns remain yours, subject to the underlying carrier's rules.

6.2 Numbers on cancellation. When your account is cancelled or a Seat with assigned numbers is removed, the affected Polca provisioned numbers are parked for 60 days. During the parking period we will honor a valid port-out request so you can move a number to another provider. Numbers not ported within the 60 day parking period are released.

6.3 Branded caller display depends on carrier and analytics provider approval and device behavior. We do not guarantee how any given handset, carrier, or spam analytics vendor will label a call, and we make no promise of any particular answer rate.

6.4 We may suspend or throttle dialing immediately if required by a carrier, registrar, or regulator, or to protect network reputation for you and other customers.

7. AI features

7.1 AI calls are automated, machine generated conversations conducted under your Agency's name using your configuration. AI output, including conversations, transcripts, summaries, dispositions, and qualification data, is generated automatically and may contain errors or omissions. You will review AI outputs before relying on them for any consequential decision and will supervise AI activity as you would a human appointment setter.

7.2 AI activation requires owner confirmation. AI dialing does not activate for an Agency until the Agency owner completes a confirmation, recorded with the confirming user, timestamp, and account, attesting to the consent representations in the Calling and Recording Policy. This confirmation is in addition to, not instead of, the per list attestations described there.

7.3 You are responsible for satisfying any legal requirements applicable to your use of automated, prerecorded, artificial voice, or AI assisted calls to your Consumers, including consent, identification, and AI disclosure requirements in jurisdictions that impose them, and recording consent requirements (including all-party consent states). Polca does not promise that the AI assistant will identify itself as automated; where a disclosure is legally required for your calls, configuring your use lawfully is your responsibility.

7.4 We may update, substitute, or improve underlying AI models and voices to maintain or improve quality.

7.5 Fair use and capacity management. Flat pricing is subject to reasonable capacity management. We do not bill overages; instead, sustained usage far above typical agency patterns may result in throttling of new outbound AI calls (never disconnection of calls in progress) after notice where practicable.

8. Call recording

8.1 Per Agency toggle, on by default. Call recording is controlled by an Agency level setting. It is enabled by default; the Agency owner may turn it off for the Agency at any time.

8.2 Recording law responsibility sits with the Agency. You are responsible for determining where notice or consent to record is required for your calls, including in all-party consent jurisdictions, and for operating lawfully, whether by providing notice, obtaining consent, or disabling recording.

8.3 Courtesy safeguard: automatic suppression in 15 states. As a protective courtesy, the Platform automatically suppresses recording on calls to numbers associated with the following states: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. This safeguard is based on the number's associated location, which may not match where the person actually is, and it may not cover every call subject to an all-party consent or notice law. It is a courtesy only and does not shift recording law responsibility off the Agency.

8.4 Recording retention is governed by Section 11 (90 days, with export before purge).

9. Platform enforced compliance rails

9.1 The Platform enforces the following controls on outbound dialing for every Agency:

• Calling hours: outbound calls are permitted only between 9:00 am and 7:00 pm in the lead's local time, and no outbound dialing on Sundays.
• Timezone cross-checks: the lead's local time is validated against multiple signals (including state and area code) before dialing.
• Do-not-call enforcement: numbers on the Agency's Opt-Out Ledger and platform recorded opt-outs are blocked at dial time.
• Kill switch: the Agency can stop all outbound dialing immediately.
• Cadence caps: platform limits on attempt frequency per Consumer.

9.2 These rails cannot be loosened. They are not configurable to be more permissive by any Agency, seat, or setting. Agencies may configure stricter hours, caps, and suppression only.

9.3 The rails are protective tools. They do not guarantee legal compliance, do not replace your own obligations (including registry screening, described in Section 10 and the Calling and Recording Policy), and do not shift responsibility for your calls to Polca. Where your jurisdiction imposes stricter limits than the rails, the stricter limits are your responsibility.

10. Your compliance responsibilities

10.1 You represent, warrant, and covenant that:

• For every Consumer contacted through the Service, you possess the type and scope of consent, permission, exemption, or other lawful basis required for the particular call, technology, purpose, and jurisdiction, including under the TCPA, the Telemarketing Sales Rule, and state telemarketing and "mini-TCPA" statutes, and you will not use the Service to contact purchased, rented, or third party lists lacking legally sufficient permission (naming your Agency where the law requires named seller consent);
• You maintain complete, accurate, and retrievable records evidencing consent, lead provenance (source, disclosure displayed, timestamp and associated capture data, and named seller), applicable disclosures, and opt-out activity for at least five (5) years after the applicable call or communication, or longer where required by law;
• You attest to the consent basis and source of each list before enabling it for calling, as described in the Calling and Recording Policy;
• You remain responsible for screening your lead lists against the National Do Not Call Registry and applicable state registries where your calls require it. Calls made with the called party's prior express consent or invitation are generally exempt from registry restrictions, but confirming that an exemption actually applies to a given list is your responsibility. The Platform's automated suppression enforces the Opt-Out Ledger and platform recorded opt-outs, not external registries;
• You will promptly transmit to Polca every revocation, do-not-call request, or consent limitation received outside the Service, however communicated, and will ensure connected CRMs and workflows do not reintroduce suppressed Consumers. Polca may treat statements such as "stop," "don't call," or "remove me," and their practical equivalents, as immediate suppression events;
• Your calls will observe applicable calling hour restrictions and identification requirements, including any that are stricter than the platform rails in Section 9;
• All sales activity is conducted by personnel holding all required licenses in each applicable state;
• Your scripts, offers, and statements to Consumers are truthful, substantiated, and lawful;
• Where you enable the AI appointment setting assistant, you hold prior express written consent from each Consumer to receive telemarketing calls placed with an artificial or prerecorded voice naming your Agency, a higher standard than consent for a live agent call, and one that consent language written for human dialing frequently does not satisfy. See the Calling and Recording Policy;
• You honor every revocation of consent, however communicated, as soon as practicable and within ten (10) business days, and you do not designate an exclusive method for revoking;
• You will use the Service only as permitted by the Acceptable Use Policy and the Calling and Recording Policy, each of which is incorporated into these Terms.

10.2 Compliance evidence and campaign holds. Polca may, before or during any campaign, request reasonable evidence of the warranties above, including lead source agreements, consent certificates and capture page records, consent timestamps and associated data, registry screening records, scripts and AI configurations, licensing evidence, and recording disclosures, and may suspend or decline dialing for the affected campaign if satisfactory evidence is not provided promptly. Polca's request for, receipt of, or failure to request evidence does not shift responsibility for compliance to Polca.

10.3 The Opt-Out Ledger. The Platform maintains a permanent, per Agency ledger of Consumers who have opted out or must not be contacted. You may upload entries to it (for example, your existing internal do-not-call list) and download it at any time. The Opt-Out Ledger lives in the Platform and survives disconnection of any CRM; disconnecting or switching CRMs does not clear it. It is always included in your data export (Section 11), and Polca may retain it after account closure solely to honor do-not-call obligations.

11. Data retention, export and deletion

11.1 Call recordings: 90 days. One platform wide retention policy applies to all Agencies on both Products: call recordings are retained for 90 days from creation and then permanently deleted. You may export recordings at any time before they are purged. Transcripts, summaries, and dispositions are not recordings and are retained under Section 11.2.

11.2 Other business data. Leads, appointments, notes, call logs, transcripts, summaries, configuration, and the Opt-Out Ledger are retained for as long as your account is active.

11.3 On cancellation. When your account is cancelled (by you or by us):

• A one-click full export is available covering your leads, appointments, notes, call log, and, always, your Agency's Opt-Out Ledger, together with any recordings still within their 90 day window.
• Your data is frozen for 60 days: it is preserved and available for export, but the account is no longer operational.
• After the 60 day freeze, your data is deleted from production systems. Encrypted backups are deleted or overwritten within 35 days thereafter.
• Polca provisioned phone numbers follow the 60 day parking and port-out process in Section 6.2.

11.4 All deletion timelines yield to legal holds we are required to honor, of which we will notify you where lawful, and to the Opt-Out Ledger retention described in Section 10.3.

12. Suspension

We may suspend some or all of the Service immediately, with notice as soon as practicable, if: (a) fees are 10+ days overdue (with automatic resumption on recovery per Section 5.6); (b) we reasonably believe your use violates the AUP or law, or creates risk to Consumers, carriers, other customers, or Polca; (c) a carrier, registrar, or authority requires it; or (d) there is a security incident. Where the cause is curable, we will restore service promptly after cure. Suspension does not relieve payment obligations.

13. Agency Content; licenses; benchmarks

13.1 You retain all rights in Agency Content. You grant Polca a worldwide, non-exclusive license to host, process, transmit, display, and create derivative operational artifacts of Agency Content (for example, transcripts and summaries) solely to provide, secure, and support the Service, comply with law, and as described in the Privacy Policy and DPA.

13.2 You represent you have all rights and consents necessary to submit Agency Content, including Consumer data.

13.3 If you provide suggestions or feedback, we may use it without restriction or obligation.

13.4 Anonymized benchmarks. We may use de-identified, aggregated usage data (which does not identify you or any Consumer) to operate, benchmark, and improve the Service, and may publish anonymized cross agency benchmarks in marketing materials. Any published benchmark will be disclosed as aggregated and anonymized, and will never identify an Agency, a user, or a Consumer.

14. Polca IP; restrictions

The Service, including software, prompts, model orchestration, designs, and documentation, is Polca's property. You receive only the limited right to use the Service during your subscription. You will not (and will not permit anyone to): copy, modify, or create derivative works of the Service; reverse engineer or attempt to extract source code, models, or prompts; access the Service to build or benchmark a competing product; scrape or bulk extract data other than your own exports; resell, sublicense, or white label the Service without a written agreement; remove notices; or use the Service beyond purchased Seats.

15. Confidentiality; the confidentiality firewall

15.1 Mutual confidentiality. Each party will protect the other's non-public information disclosed under this agreement with reasonable care, use it only to perform under these Terms, and not disclose it to third parties except to personnel and contractors under equivalent obligations, or as required by law with prompt notice where lawful. Confidentiality obligations survive for three years after termination (indefinitely for trade secrets).

15.2 The firewall. Polca's owner also operates a life insurance agency affiliated with Southwestern (the "Affiliated Agency"). Because client Agencies may compete with the Affiliated Agency, Polca commits to the following:

• Support-only access: Polca staff access to an Agency's data is limited to what is needed for support, maintenance, security, billing, and compliance, and every access is audit logged.
• No competitive use: nothing Polca learns from an Agency's data, including its leads, clients, producers, scripts, performance, or pipeline, will be used by the Affiliated Agency or by anyone at Polca to compete with the Agency, to solicit the Agency's Consumers, or to recruit the Agency's producers or staff.
• Only disclosed aggregate use: the only cross agency use of Agency data is the anonymized, disclosed benchmark use described in Section 13.4.

15.3 The firewall in Section 15.2 survives termination of these Terms.

16. Publicity

We may identify your Agency by name and logo as a customer in customer lists and marketing. Case studies, quotes, or performance figures require your prior consent. You may revoke the name and logo use with written notice, effective within 30 days for new materials.

17. Third party services

The Service interoperates with third party services you control or contract for, including CRMs (such as GoHighLevel), calendars, and payment providers, and depends on third party carriers and AI providers. Your use of third party services is governed by their terms. Polca is not responsible for third party outages, API changes, data practices, or acts or omissions, and Service commitments are excused to the extent caused by them.

18. Term and termination

18.1 Monthly subscriptions continue until cancelled from the account, effective at period end. Any annual agreement runs per its Order Form.

18.2 Either party may terminate for material breach uncured 30 days after written notice (10 days for payment breaches). We may terminate immediately for AUP violations creating legal or network risk, or if required by a carrier or authority.

18.3 On termination: access ends; the export, 60 day freeze, deletion, and number parking process in Sections 6.2 and 11.3 applies; and Sections 5 (accrued fees), 10.3, 13.3, 13.4, 14, 15, and 19 through 23, and the DPA's deletion terms, survive.

19. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." POLCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. POLCA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, CALL DELIVERABILITY, ANSWER RATES, CALLER ID DISPLAY, AI ACCURACY, APPOINTMENT VOLUME, SHOW RATES, OR SALES OUTCOMES.

20. Indemnification

20.1 By you. You will defend, indemnify, and hold harmless Polca, its members, managers, employees, and agents from and against any third party or governmental claim, investigation, fine, or penalty, and resulting damages, costs, and reasonable attorneys' fees, arising out of: (a) your lead sources, consent practices, or list screening; (b) alleged violations of the TCPA, Telemarketing Sales Rule, state telemarketing, DNC, call recording, or AI disclosure laws in connection with your use of the Service; (c) your scripts, offers, insurance activity, or licensing; (d) Agency Content; (e) your users' acts or omissions; or (f) your breach of these Terms or the AUP.

20.2 By Polca. Polca will defend you against third party claims that the Service, as provided by Polca and used as permitted, directly infringes a U.S. patent, copyright, or trademark, and will pay resulting damages finally awarded or settled, provided you give prompt notice and control of the defense to Polca. Polca may procure rights, modify the Service, or terminate the affected Service with a prorated refund as your exclusive remedy. This obligation does not apply to claims arising from Agency Content, third party services, combinations, or your breach.

21. Limitation of liability

21.1 NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

21.2 POLCA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE FEES YOU PAID TO POLCA IN THE THREE (3) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY.

21.3 The exclusions in 21.1 do not apply to your indemnification obligations, your breach of Section 14, or either party's breach of Section 15. The cap in 21.2 does not apply to your payment obligations or your indemnification obligations. An Order Form may state different limits for a specific Agency, in which case the Order Form controls this Section for that Agency.

21.4 Claims period. Any claim must be brought within one (1) year after the claim accrues, or it is permanently barred.

22. Dispute resolution; arbitration; class waiver

22.1 The parties will first attempt in good faith to resolve any dispute informally within 30 days of written notice to legal@polca.ai.

22.2 Binding arbitration. Any dispute not resolved informally will be finally resolved by confidential, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, seated in Omaha, Nebraska (with remote proceedings permitted). Judgment may be entered in any court of competent jurisdiction.

22.3 CLASS WAIVER. ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS.

22.4 Exceptions: either party may bring an individual claim in small claims court, and either party may seek temporary injunctive relief in court for misuse of IP or Confidential Information (Sections 14 and 15).

22.5 JURY WAIVER. FOR ANY DISPUTE PROCEEDING IN COURT, BOTH PARTIES WAIVE TRIAL BY JURY.

23. General

Governing law: Nebraska, excluding conflicts rules; venue for permitted court actions is Douglas County, Nebraska. Force majeure: neither party is liable for delay or failure caused by events beyond reasonable control (including carrier or utility failures, internet disturbances, government action, labor events, epidemics). Assignment: you may not assign these Terms without our consent; Polca may assign them in connection with a merger, acquisition, or sale of assets. Notices: to you at your account email; to Polca at legal@polca.ai. Relationship: independent contractors; no third party beneficiaries except Polca affiliates for protective provisions. Severability; waiver: unenforceable provisions are modified to the minimum extent necessary; failure to enforce is not waiver. Entire agreement: the Legal Set and Order Forms are the entire agreement and supersede prior discussions; conflicting terms in your purchase documents are rejected. Changes: we may update these Terms prospectively as described in Section 2.4; continued use after the effective date is acceptance.