Terms and Conditions

Effective Date: [Insert Date]

These Terms and Conditions ("Agreement") govern your use of the services provided by Home

Services Growth Engine ("Company," "we," "our," & "us," and the associated website [www.homeservicesgrowthengine.com] ("Website") and the Offerings, including website development, GoHighLevel tools, and other platform features (collectively, the "Offerings"). By registering for, accessing, or using the Offerings, you ("Client," "you," "your") agree to be bound by these Terms and Conditions.

1. Services Provided

Home Services Growth Engine offers the following services (collectively, the "Offerings"):

● Website Development: We will design and build a customized website for you,

incorporating SEO-friendly elements such as relevant keywords and phrases to help with

search engine visibility.

● Platform Access: We provide access to GoHighLevel’s platform tools, including CRM,

SMS marketing, phone number purchasing, document signing, automation, invoicing,

and more ("Platform Tools")

● SEO Disclaimer: While we incorporate SEO-friendly elements, we do not guarantee

improvements in search engine rankings, visibility, or lead generation as a result of the

website's optimization. Results depend on multiple factors beyond our control.

2. Client Responsibilities

● Website Content: We are responsible for the initial creation and delivery of the website.

After delivery, you are responsible for maintaining and updating the content, including

adding new pages, text, images, and any other content.

● Platform Tools: You are responsible for configuring and using the various Platform

Tools, including setting up automations, purchasing phone numbers, and integrating with

third-party services (e.g., Google My Business).

● A2P 10DLC Campaign Approval: If you use SMS marketing, you are responsible for

obtaining A2P 10DLC Campaign Approval. We do not guarantee approval or timely

processing.

3. Data Usage and Ownership

● Data Ownership: You retain ownership of all client data, leads, and user information

provided to or generated through the use of the Offerings. You grant us the right to

access, store, and use this data for providing services and improving the Offerings.

● Third-Party Services: We may integrate with third-party services (e.g., SMS platforms,

Google My Business). You are responsible for ensuring that these services are properly

set up and functioning.

4. Subscription Plans

● Monthly and Annual Plans: You may subscribe to our services on a monthly or annual

basis. Monthly plans are automatically renewed every month, while annual plans require

payment upfront for the entire year.

● Cancellation and Transfer: If you cancel your plan, you will lose access to the services

at the end of your billing cycle. If you wish to transfer ownership of the website, there is a

$2,500 fee to cover the transfer.

5. Service Access and Termination

● Leased Services: You lease the website and Platform Tools and do not own them. If

you stop using our services, you will lose access to all associated features and content.

● Termination: We reserve the right to suspend or terminate your account if you violate

these Terms. You may terminate this Agreement at any time by discontinuing your use

of the Offerings.

6. No Guarantee of Results

We do not guarantee any specific results, including improvements in SEO rankings, lead

generation, or customer acquisition. The effectiveness of the website and Platform Tools

depends on how they are used and the external factors influencing online visibility.

7. Liability and Disclaimers

● No Liability for Third-Party Services: We are not responsible for the availability,

accuracy, or functionality of third-party services integrated with the Offerings.

● Limitation of Liability: To the fullest extent permitted by law, we are not liable for any

indirect, special, incidental, punitive, or consequential damages, including loss of profits,

loss of data, or business interruption, arising from the use or inability to use the

Offerings.

8. Notices and Messaging

By registering for our services, you agree that we may send you updates, marketing materials,

and other communications related to our services. You can opt out of promotional

communications at any time by following the instructions in the communication.

9. Confidentiality and Feedback

● Confidentiality: We will treat all non-public content you provide as confidential.

However, we may need to disclose it if required by law.

● Feedback: Any feedback you provide to us about the Offerings may be used by us

without compensation, and we retain the right to use such feedback as we see fit.

10. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,

INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Negotiations

The parties will first attempt in good faith to resolve any disputes arising from or relating to these

Terms, including the breach, termination, enforcement, interpretation, or validity thereof (each a

"Dispute") through informal negotiations. This will begin upon written notice from one party to

the other. The parties agree to attempt to resolve the Dispute within 30 days before proceeding

to arbitration.

Binding Arbitration

If informal negotiations fail, the Dispute will be submitted to binding arbitration under the rules of

the American Arbitration Association (AAA) if in the U.S., or the International Centre for Dispute

Resolution (ICDR) if outside the U.S. Arbitration will be conducted in English and governed by

these Terms. The decision of the arbitrator will be final and binding.

The arbitrator is not authorized to award damages beyond compensatory damages, and both

parties waive any right to seek punitive damages, except where prohibited by law. The arbitrator

will have exclusive jurisdiction over the dispute, but a court may intervene to enforce or

challenge the arbitration award.

Excluded Disputes

Notwithstanding the above, either party may seek injunctive relief or pursue claims in small

claims court, provided that such claims meet the requirements of the applicable court.

Restrictions/No Class Actions

The parties agree that any claim brought in connection with a Dispute will be handled on an

individual basis, and neither party will participate in a class or representative action. You waive

any right to a trial by jury.

Severability

If any part of the Dispute Resolution section is deemed unenforceable, the remainder of the

section will continue to apply, and the unenforceable part will be severed.

11. Third-Party Content and Links

The Offerings may contain third-party content or links to third-party services. Home Services

Growth Engine does not control or endorse any third-party content or services. You agree that

any use of third-party content or services is at your own risk. We are not responsible for the

availability or accuracy of third-party content or services, and we make no warranties regarding

them.

12. Disclaimer

THE OFFERINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. HOME

SERVICES GROWTH ENGINE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT

LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY LOSS,

INJURY, CLAIM, LIABILITY, OR DAMAGE ARISING OUT OF OR IN ANY WAY RELATED TO:

1. ERRORS OR OMISSIONS IN THE OFFERINGS, INCLUDING TECHNICAL

INACCURACIES.

2. THIRD-PARTY COMMUNICATIONS OR SERVICES.

3. ANY THIRD-PARTY CONTENT OR SERVICES ACCESSIBLE THROUGH LINKS.

4. THE UNAVAILABILITY OF THE OFFERINGS OR ANY PART THEREOF.

5. YOUR USE OF THE OFFERINGS OR ANY EQUIPMENT OR SOFTWARE USED WITH

THE OFFERINGS.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOME SERVICES GROWTH ENGINE

WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE ARISING

FROM YOUR USE OR INABILITY TO USE THE OFFERINGS, INCLUDING SPECIAL,

INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR

BUSINESS INTERRUPTION.

14. Indemnification

You agree to indemnify, defend, and hold Home Services Growth Engine, its affiliates, officers,

directors, employees, agents, licensors, and suppliers harmless from any claims, losses,

expenses, damages, and costs (including reasonable attorneys' fees) arising out of:

1. Your access to or use of the Offerings, including your content.

2. Your violation of these Terms or breach of any representation or warranty.

3. Your products or services, or marketing efforts related to them.

4. Infringement of intellectual property rights by you or any third party using your account.

Home Services Growth Engine reserves the right to assume exclusive defense of any matter for

which you are required to indemnify us, and you agree to cooperate in that defense.

15. License of Your Content to Home Services Growth Engine

Certain parts of the Offerings allow you to upload or share publicly accessible content ("Public

Content"). Other parts of the Offerings allow you to share content visible only to you or

authorized users ("Non-Public Content"). You grant Home Services Growth Engine the right to

access, display, process, and use your Non-Public Content solely for providing the Offerings.

For Public Content, you grant us a worldwide, non-exclusive, royalty-free, and sub-licensable

license to use, reproduce, and distribute the Public Content in connection with the Offerings,

including for marketing purposes, without additional compensation.

By using the Offerings, you acknowledge that you have read, understood, and agreed to

these Terms and Conditions.