Terms of Service

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Effective Date: December 08, 2025

1. Agreement to Terms

By accessing or using the Lost Revenue Audit lead reactivation service ("Service", "Platform"), operated by Advanced Modern, LLC d/b/a Staff Helm ("Company", "we", "us"), you ("Client", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

The Lost Revenue Audit by Staff Helm is a lead reactivation service that:

• Accepts dormant nurse/worker lists via email or CSV upload
• Executes email outreach campaigns to dormant nurses (1,000 initially; up to 5,000 total if guarantee triggered)
• Uses AI to classify responses and identify engaged nurses ("hot leads")
• Delivers qualified hot leads to clients for follow-up
• Guarantees at least 10 hot leads or refunds your $1 and pays you $500 ($501 total)

Important: We provide the technology and outreach service. You are responsible for follow-up, placement, and candidate relationships.

3. Eligibility

You must:

• Be a registered per-diem healthcare staffing agency
• Place RNs, LPNs, CNAs, or allied health professionals
• Have at least 500 dormant workers in your database
• Have email addresses for your dormant workers
• Comply with all applicable laws including TCPA, CAN-SPAM, and CCPA
• Have legal right to contact the nurses you submit to our platform
• Be at least 18 years old

4. Account Registration

To use the Service, you will:

• Provide accurate business information (name, email, phone, agency name)
• Complete a 5-minute qualification call
• Pay the $1 qualification fee
• Submit your dormant nurse list via email (CSV format)
• Be responsible for all activity under your account
• Notify us immediately of any unauthorized access

5. Pricing and Payment

5.1 Qualification Fee

$1.00 upfront to qualify for the Lost Revenue Audit

• One-time qualification fee
• Payment via credit card or ACH transfer
• Refunded if fewer than 10 nurses respond from 5,000 emails (see Guarantee below)

5.2 Results-Based Pricing

$75.00 per hot lead delivered

A "hot lead" is defined as:

• A nurse that responds to outreach with positive engagement
• Classified by our AI system as "ACTIVE" (interested in opportunities)
• Delivered to you via email with full contact details

5.3 Payment Terms

• Qualification fee: Paid upfront via credit card or ACH transfer
• Hot lead fees: Invoiced upon campaign completion (NET-30)
• Method: ACH bank transfer, wire transfer, or credit card
• Currency: United States Dollars (USD)

5.4 The "10 Nurses or $500" Guarantee

If we email 1,000 of your dormant nurses and fewer than 10 come back interested, we will:

1. Email another 1,000 dormant nurses at no extra cost
2. Keep going until you get 10 nurses or we reach 5,000 total emails sent
3. If we can't get 10 nurses from 5,000 total emails, we refund your $1 qualification fee AND pay YOU $500 ($501 total)

At 1-2% reactivation, getting fewer than 10 from 5,000 is statistically impossible. But if it happens, you profit $501 for trying us.

Important: You still only pay $75 per nurse who comes back. The additional emails are at our expense. If we hit the 5,000 email cap without getting 10 nurses, you receive $500 cash + $1 refund = $501 total.

5.5 No Refunds (Except Guarantee)

Hot leads are delivered as-is. No refunds for:

• Nurses that don't convert to placements
• Nurses that become unresponsive after delivery
• Lower-than-expected reactivation rate (as long as you get at least 10 nurses from up to 5,000 emails per guarantee)

Exception: The "10 Nurses or $500" guarantee applies if fewer than 10 nurses respond after we've sent up to 5,000 emails. You receive $501 total ($1 refund + $500 payment). Technical errors (duplicate leads, wrong contact info delivered) may also result in refunds at our discretion.

6. Client Responsibilities

6.1 Data Quality

You must provide:

• Accurate nurse data (email addresses, names)
• Nurses you have legal right to contact (prior work relationship)
• Clean lists (no known opt-outs or invalid emails)

6.2 Consent and Compliance

You represent and warrant:

• You have a prior business relationship with the nurses (they worked for you)
• You have obtained necessary consent to contact them
• Nurses have not opted out of communications from you
• Data was collected lawfully
• You will honor all opt-out requests

6.3 Follow-Up Responsibility

After receiving hot leads, you are responsible for:

• Timely follow-up (we recommend within 24 hours)
• Professional communication
• Placement processes and nurse relationships
• Compliance with employment and healthcare staffing laws

7. Our Responsibilities

7.1 Service Delivery

We will:

• Process your nurse lists within 24 hours of receipt
• Execute email outreach campaigns to 1,000 dormant nurses (initial campaign)
• If fewer than 10 nurses respond, send additional campaigns of 1,000 each until you reach 10 nurses or we hit 5,000 total emails
• Classify responses using AI technology
• Deliver hot leads within 48-72 hours of each campaign start
• Provide campaign performance report after completion
• Refund your $1 qualification fee and pay you $500 ($501 total) if we cannot deliver 10 hot leads after sending 5,000 emails

7.2 Compliance

We will:

• Include unsubscribe links in all emails (CAN-SPAM)
• Maintain global opt-out list (shared across all campaigns)
• Use compliant email messaging
• Honor opt-out requests immediately

7.3 Data Security

We will:

• Encrypt data in transit (TLS 1.2+)
• Store data securely using industry-standard encryption
• Limit data access to authorized personnel
• Maintain audit logs of all system activity

8. Prohibited Uses

You may NOT:

• Submit nurses without prior business relationship
• Use the Service for illegal purposes
• Harass, abuse, or discriminate against nurses
• Reverse engineer or copy our technology
• Resell or white-label the Service without permission
• Submit competitor data for intelligence gathering

9. Data Ownership and Privacy

9.1 Your Data

• You retain ownership of all nurse data submitted
• We process data as a service provider on your behalf
• We do NOT sell or share your data with third parties

9.2 Our Data

• We retain campaign performance data indefinitely for AI model improvement
• We may use this data for improving AI classification accuracy
• Hot lead classification results are your property

9.3 Data Retention

• Active campaign data: Retained for 90 days
• Historical campaign data: Retained for 1 year
• Opt-out data: Retained indefinitely (compliance)
• Upon request, we will delete your data within 30 days

10. Intellectual Property

10.1 Our IP

The Service, including all technology, algorithms, UI, and brand assets, is owned by Staff Helm. You receive a limited, non-exclusive license to use the Service.

10.2 Your IP

You retain all rights to your brand, agency name, and business processes.

11. Disclaimers and Limitations of Liability

11.1 Service "As-Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• No guarantee of specific reactivation rates (we estimate 1-2% based on email industry benchmarks)
• No guarantee of campaign success
• No guarantee of nurse quality or placement outcomes

11.2 Limitation of Liability

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS (qualification fee + hot lead fees).

WE ARE NOT LIABLE FOR:

• Lost revenue or placements
• Indirect, incidental, or consequential damages
• Service interruptions or downtime
• Third-party service provider failures

11.3 Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your nurse data or contact practices
• Lack of proper consent from nurses you submit

12. Service Level Agreement (SLA)

12.1 Campaign Execution Time

• Lists processed within 24 hours of receipt
• Campaign execution within 48-72 hours
• Hot leads delivered as responses come in

12.2 Support

• Email support: support@staffhelm.com
• Response time: Within 24 business hours
• Business hours: Monday-Friday, 9 AM - 6 PM ET

13. Term and Termination

13.1 Term

This is a one-time qualification service. Terms apply to your campaign execution (up to 5,000 emails per guarantee).

13.2 Repeat Campaigns

If you want to run additional campaigns:

• Same pricing applies ($75 per hot lead)
• No additional $1 qualification fee
• Contact hello@staffhelm.com to schedule

13.3 Termination by You

You may cancel before campaign execution begins:

• Email support@staffhelm.com
• $1 qualification fee is non-refundable
• No hot lead fees charged if campaign hasn't started

13.4 Termination by Us

We may terminate immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay invoices (30 days past due)
• Use the Service for illegal purposes

14. Changes to Terms

We may update these Terms at any time. Changes effective upon posting. Your continued use constitutes acceptance. Material changes will be emailed to you 30 days in advance.

15. Governing Law

These Terms are governed by the laws of New Mexico, United States, without regard to conflict of law principles.

Any disputes shall be resolved through binding arbitration in Albuquerque, New Mexico under the American Arbitration Association rules.

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us.

16.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

16.3 No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

16.4 Assignment

You may not assign these Terms. We may assign to affiliates or successors.

17. Contact Information

Advanced Modern, LLC d/b/a Staff Helm
Email: hello@staffhelm.com
Legal: legal@staffhelm.com
Address: 6001 Menaul Blvd NE #1084, Albuquerque, NM 87110
Phone: (505) 494-1500

18. Definitions

• Hot Lead: A nurse classified as "ACTIVE" by our AI system, indicating positive engagement and interest in returning to work
• Campaign: A single batch of 1,000 dormant nurses submitted for email outreach processing
• Reactivation Rate: Percentage of dormant nurses that become hot leads (typically 1-2% for email campaigns)
• Lost Revenue Audit: The $1 qualification service that emails 1,000 dormant nurses to identify reactivation potential
• "10 Nurses or $500" Guarantee: Our commitment to either deliver 10 hot leads (sending up to 5,000 emails at no extra cost) or refund your $1 and pay you $500 ($501 total)
• Initial Campaign: The first 1,000-nurse email campaign that begins after your $1 payment and qualification
• Follow-up Campaigns: Additional 1,000-nurse campaigns (at our expense) triggered if the initial campaign delivers fewer than 10 hot leads

19. Acknowledgment

By using this Service and submitting your information, you acknowledge that:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You understand the $1 qualification fee is for service access and qualification
• You understand pricing is $75 per hot lead delivered
• You understand the "10 Nurses or $500" guarantee
• You understand reactivation rates are typically 1-2% (10-20 nurses from 1,000 contacted)