Effective Date: 12/16/2024

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:

Access to various tools provided by GoHighLevel’s platform ("Platform Tools") is included as part of our service packages. The extent of access to these tools, which include CRM, SMS marketing, phone number purchasing, document signing, automation, invoicing, and more, will vary depending on the service package you select:

Basic Package: Includes limited access to selected Platform Tools.

Premium Package: Provides full access to all 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 Maintenance and Content Updates 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. We may, at our discretion, offer occasional support or updates, but the decision to provide such services at any given time rests with us and is not guaranteed as part of the standard service offering.

● Platform Tools
We will implement initial automations that we deem beneficial. Should you require additional custom automations or enhancements beyond the initial setup, we may offer to perform these at an additional fee, subject to our availability and discretion.

● A2P 10DLC Campaign Approval
If your service package includes SMS marketing and you have indicated on the onboarding form that you would like us to handle the A2P 10DLC campaign registration, we will do so. However, you are responsible for all associated costs. Furthermore, we do not guarantee the approval of your campaign by the carriers or any specific timeline for processing. It is your responsibility to comply with all regulatory requirements associated with SMS marketing.

3. Exclusivity of Services During the term of this Agreement, you agree not to engage or enter into any agreements with third-party providers for lead generation services, regardless of the type or similarity to our Offerings. This clause is intended to ensure that all your lead generation activities are coordinated through Home Services Growth Engine, enhancing the effectiveness and integration of our services within your business operations.

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.

● Pricing Adjustment: The fees for the Offerings shall be subject to an annual increase of 5% at the beginning of each subscription year. This adjustment will be automatically applied to your subscription fee and reflected in your invoice accordingly.

● 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. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding related to this Agreement shall be brought exclusively in courts located in Florida.

6. Dispute Resolution: In the event of any dispute arising out of or in relation to this Agreement, the parties shall first attempt to resolve the dispute through mutual negotiation within 30 days. If the parties are unable to resolve the dispute amicably, they agree to submit the dispute to mediation in the state of Florida. Should mediation fail to resolve the dispute, the parties agree that the dispute shall be brought before the competent courts of Florida, thereby explicitly waiving any right to seek any form of class action or jury trial.

7. General Provisions

● Liability and Disclaimers: We are not responsible for the availability, accuracy, or functionality of third-party services integrated with the Offerings. 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.

● 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.

● Confidentiality: We do not assume any obligation to treat the content you provide as confidential unless specifically agreed in writing. We reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

● 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.

● Third-Party Content and Links: The Offerings may contain third-party content or links to third-party services. We do 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.

● Disclaimer: The Offerings are provided on an “AS IS, AS AVAILABLE” basis. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

● Limitation of Liability: To the fullest extent permitted by law, we will not be liable for any loss, injury, claim, liability, or damage arising from your use or inability to use the Offerings.

● Indemnification: You agree to indemnify, defend, and hold us harmless from any claims, losses, expenses, damages, and costs (including reasonable attorneys' fees) arising out of your use of the Offerings,

● License of Your Content to Home Services Growth Engine: For Public Content, you grant us a worldwide, non-exclusive, royalty-free, and sublicensable license to use, reproduce, and distribute the Public Content in connection with the Offerings.

8. Termination

Either party may terminate this Agreement by providing 30 days written notice to the other party. In the event of termination, you will be liable for any fees owed to us as outlined in the Subscription Plans section up to the date of termination.

9. Data Protection

We will comply with all applicable data protection laws regarding the processing of personal data. You agree to provide any notices and obtain any consents related to your use of the Offerings and our processing of personal data provided by you under this Agreement.

10. Modifications to Services

We reserve the right to modify or discontinue, temporarily or permanently, the Offerings (or any part thereof) with or without notice. We will make every effort to communicate significant changes to the Offerings to you in a timely manner.

11. Intellectual Property Rights

All intellectual property rights in the Offerings, including new materials created for your website, are owned by us. You are granted a non-exclusive, non-transferable license to use such materials as part of the Offerings under the terms of this Agreement.

12. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a force majeure event (such as natural disasters, "acts of God", terrorism, wars, or government restrictions).

13. Warranty Disclaimer

THE OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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

these Terms and Conditions.