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Terms of Service

Last updated: 2026-06-10

1. Acceptance & eligibility

These Terms govern your use of FEXmagnet ("the Service," "we," or "us"). By creating an account or using the Service, you agree to them. You must be a licensed insurance professional (or an authorized representative of a licensed agency) and at least 18 years old. You represent that the information you give us is accurate. Access is currently invite-only.

2. The Service

FEXmagnet is a CRM and a one-line preview power dialer for life insurance agents. You bring your own contacts (by CSV import or manual entry) and use our tools to organize and call them. FEXmagnet does not sell leads — the contacts in your account are ones you supply. The dialer is single-line and preview-based by design; it does not place predictive, multi-line, or prerecorded/artificial-voice calls.

3. Your calling compliance — read this carefully

You are solely responsible for complying with every law that applies to your calls. That includes, without limitation, the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and state telemarketing laws. Your responsibilities include:

  • Having the legally required consent — or another lawful basis — to call each contact before you load and dial them.
  • Identifying yourself and your purpose as required by law.
  • Honoring Do-Not-Call obligations — federal, state, and your own internal do-not-call list.
  • Calling only within permitted calling hours.
  • Obtaining call-recording consent where required, including in all-party-consent states.

FEXmagnet provides assistive compliance features — DNC and litigator scrubbing (via a third-party data provider), calling-hour enforcement, per-contact attempt caps, and single-line dialing. These features are tools provided "as is" to help you; they are not legal advice and are not a guarantee of compliance. We do not warrant the accuracy or completeness of third-party DNC or litigator data, and a number not flagged by a scrub is not a determination that it is lawful to call.

You will not use the Service for prerecorded or artificial-voice telemarketing, for spam, or to call anyone you do not have a lawful basis to contact. Responsibility for your calls rests with you.

4. Acceptable use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of Section 3.
  • Upload contacts you have no lawful basis to call.
  • Resell, sublicense, or share access to the Service.
  • Attempt to bypass the scrubbing, calling-hour, or attempt-cap controls.
  • Interfere with the Service's operation or security.

Violation may result in suspension or termination of your account.

5. Phone numbers

Phone numbers are provisioned through Twilio and held in your own Twilio subaccount; calls present your number and identity. Each number carries a monthly fee ($1.61/month per number — our monthly per-number fee). If you release a number, there is a 7-day grace period before release is final, and you may request to port a number out. As part of provisioning, we file your carrier verification with Twilio's Trust Hub using the business information you certify as accurate — including your EIN where applicable. You are responsible for the accuracy of that information.

6. Call recordings

You control whether call recording is enabled. When it is on, the dialer can play a consent announcement to the called party. Obtaining any legally required recording consent is your responsibility — including in all-party-consent states. The consent-announcement feature is provided to assist you, not to relieve you of that responsibility. Recordings you make are stored with the Service and remain under your control.

7. Billing

  • Plans. Subscriptions are offered in four tiers — Starter ($29/mo), Pro ($99/mo), Power ($249/mo), and Volume ($599/mo) — each with an included monthly dial allowance.
  • Overage. Dials beyond your included allowance are billed per dial (metered) on top of your plan fee.
  • Number fees. Phone-number fees (Section 5) are billed in addition to your plan.
  • Taxes. Amounts are exclusive of any applicable taxes, which you are responsible for.
  • Changes. We may change pricing with notice. Changes take effect on your next billing cycle.
  • Refunds. Fees are non-refundable for partial billing periods, except where a refund is required by law.

Payments are processed by Stripe; we do not store your card number.

8. Your data

You own the contacts and recordings you put into the Service. You grant us a limited license to process them solely to operate the Service for you (store, display, dial, scrub, record when you enable it). You can export your contacts at any time. On termination, we delete your data after 30 days, except records we must retain by law. Our handling of personal data is described in our Privacy Policy.

9. Termination

Either party may terminate at any time. We may suspend or terminate your account for breach of these Terms, unlawful use, or conduct that harms the Service or others. On termination, any phone numbers you hold are subject to the 7-day release grace period in Section 5, and your data is handled as described in Section 8.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted or error-free, that third-party DNC or litigator data is accurate or complete, or that using the Service will make your calling practices compliant. Compliance remains your responsibility under Section 3.

11. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or business. Our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid us in the 12 months before the claim.

12. Indemnification

You will indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising out of your calls, your contacts, or your violation of any law or of these Terms — including any claim under the TCPA, the TSR, state telemarketing or recording laws, or relating to a contact you lacked a lawful basis to call.

13. Arbitration & class waiver

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules, rather than in court. You and we waive any right to a jury trial and to participate in a class or representative action — disputes are resolved on an individual basis only.

Small-claims carve-out: either party may bring an individual claim in small-claims court instead of arbitration if it qualifies.

30-day opt-out: you may opt out of this arbitration agreement by emailing nickg@fexmagnet.com within 30 days of first accepting these Terms, with your name and account email. Opting out does not affect the rest of these Terms.

14. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Subject to the arbitration agreement in Section 13, any dispute not subject to arbitration will be handled in the state or federal courts located in California.

15. Changes to these Terms

We may update these Terms (this is version 2026-06-10). For material changes we will give notice, and continued use after the change means you accept the updated Terms. For material versions, we may ask you to re-accept inside the app.

16. Contact

FEXmagnet
Email: nickg@fexmagnet.com