Terms of Service

Last Updated: February 2025

IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, WHICH LIMIT YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT. PLEASE READ THIS DOCUMENT CAREFULLY, INCLUDING THE DISPUTE RESOLUTION SECTION, BEFORE USING THE PLATFORM.

These Terms of Service ("Terms") govern your subscription to and use of the SalesKeeperAi and GoHighlevel platform ("Platform") and services ("Services").

By registering, creating an account, or accessing and using the Platform and/or Services, you confirm that:

You have read, understood, and agree to be bound by these Terms.

You are of legal age to form a binding contract with SalesKeeperAi.The information provided during registration is accurate and complete.

You have the authority to enter into this agreement personally or on behalf of a business entity and to bind that entity to these Terms.

Certain components of the Platform may be subject to open-source or free software licenses, which will be governed by their respective terms rather than these Terms.

Modifications to Terms

SaleesKeeperAi reserves the right to modify these Terms at any time. Changes take effect immediately upon posting. Your continued use of the Platform after updates constitutes acceptance of the revised Terms.

Business Use Disclaimer

The Platform is provided for business use only. SalesKeeperAi does not promise exclusivity and is not responsible for interactions between you and your customers.

SalesKeeperAi is not liable for disputes, claims, losses, or damages arising from your customer relationships, including reliance on information you provide.

You are responsible for implementing your own terms of service governing your interactions with customers.

You should consult legal counsel to ensure your use of the Platform complies with applicable laws.

Use of Platform

Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, you confirm that you meet this age requirement. You may not use the Platform if you are a competitor of SalesKeeperAi or if you intend to access it for competitive purposes.

Platform Account Ownership

You must provide accurate, up-to-date information when registering for an account. The account owner is the individual who accepts these Terms unless acting on behalf of a business entity, in which case the business entity owns the account. In the event of disputes over ownership, SalesKeeperAi may require legal documentation to determine the rightful owner or suspend access until resolved.

Intended Use

You and your customers must use the Platform only for lawful purposes. You agree that:

You and your customers will comply with all applicable laws and regulations.You are responsible for the actions of employees, agents, and customers using the Platform.You will ensure that your customers agree to terms at least as restrictive as these Terms.You own or have rights to all content you provide.You will not grant access to competitors, reverse engineer, modify, or remove proprietary notices from the Platform.

Compliance

You are responsible for ensuring compliance with all applicable laws, including but not limited to data privacy laws such as HIPAA, PCI, and the Gramm-Leach-Bliley Act. SalesKeeperAi does not guarantee compliance with such laws and is not liable for any non-compliance.

Privacy

By using the Platform, you consent to SalesKeeperAi’s use of data per its Privacy Policy. You are responsible for implementing a Privacy Policy for your customers that provides protections at least equal to those offered by SalesKeeperAi. You confirm that you have obtained necessary permissions to provide your customers’ data to SalesKeeperAi.

Login Credentials

You are responsible for maintaining the security of your account credentials. Unauthorized access should be reported immediately. SalesKeeperAi reserves the right to disable login credentials if there is a violation of these Terms.

Communication Services

The Platform may include communication tools such as SMS, MMS, and email. You are responsible for ensuring compliance with laws governing communications, including the TCPA, Do Not Call Registry Rules, and CAN-SPAM Act. SalesKeeperAi does not send communications on your behalf; all messages are your responsibility.

Third-Party Services

You may integrate third-party services at your own discretion. SalesKeeperAi is not responsible for any issues arising from third-party services. By integrating with third-party services, you permit SalesKeeperAi to share necessary data for the integration.

Third-Party Content

SalesKeeperAi does not endorse or take responsibility for third-party content available on the Platform. Your use of third-party content is at your own risk.

Excessive Use & Trials

SalesKeeperAi reserves the right to limit data use if it is excessive or impacts performance. If abuse of free trials is detected, SalesKeeperAi may suspend or terminate access.

Platform Updates

SalesKeeperAi may modify the Platform at any time, and continued use after changes indicates acceptance.

International Use

If you are located in a U.S.-sanctioned country, you are prohibited from using the Platform. You are responsible for complying with all applicable export control laws.

AI Features Use Policy

Before using AI-based features, you must ensure compliance with applicable laws and SalesKeeperAi’s AI Acceptable Use Policy.

Domain Name Purchases

If you purchase a domain through the Platform, SalesKeeperAi will act as the listed registrant.

You must comply with all related policies.Domain Name Compliance SalesKeeperAi will transfer the domain name to you upon your written request.

A transfer fee may apply. You agree to indemnify and hold SalesKeeperAi harmless against any claims, including reasonable attorneys’ fees, arising from your use of the domain name, including breaches of these Terms and violations of applicable laws.

Customer Account Transfer Requests SalesKeeperAi will not process Sub-Account transfer requests from your customers unless you approve the transfer through our in-app request process. Transfers may occur without your approval if:

The Sub-Account has attempted to obtain your approval via the in-app request process.

You have not responded to the request for at least 30 days.Either: a) Your Platform Account has been canceled due to non-payment and not reinstated within 30 days, or b) Your Platform Account has been suspended or terminated for breach of these Terms.

Bug Bounty Program SalesKeeperAi does not offer a bug bounty program or provide payments for bug reports.

Unauthorized access to the Platform, including penetration testing, security assessments, or probing, is strictly prohibited unless explicitly permitted under these Terms or a separate written agreement.Certification Program SalesKeeperAi offers a certification subscription to users who complete certification exams. Certification badges are issued to individuals, not entire organizations.

You agree not to misrepresent certification badges on your store, social media, or the Platform.

Certification does not imply SalesKeeperAi’s endorsement or affiliation. SalesKeeperAi may display your contact information in the SalesKeeperAi Certified Directory.

Transactions resulting from certification are at your own risk.

You may not claim employment or affiliation with SalesKeeperAi beyond certification credentials, nor use the directory to solicit certified parties for business. SalesKeeperAi reserves the right to revoke certification at its discretion.

Ecommerce Products and Services You are solely responsible for the products or services you sell via the Platform, including descriptions, pricing, compliance, and customer transactions. You must provide public-facing contact information, a refund policy, and order fulfillment timelines. SalesKeeperAi does not issue refunds to your customers. We may remove any Materials from the Platform at our discretion if they violate our Code of Conduct or these Terms. SalesKeeperAi does not act as the seller of record and holds no liability for your store’s operations. The Platform is not a marketplace; sales contracts are between you and your customers. SalesKeeperAi employees and contractors may also be merchants on the Platform. You are responsible for ensuring that your terms & conditions align with these Terms.

Violations may result in termination of your Platform Account.

Payment Terms Fees and Auto-Renewal You must provide accurate billing information and update changes within 10 days.

Fees may include subscription charges, communication surcharges, or add-on services. Subscription fees are billed in advance, while usage-based fees are charged monthly.

Payments are automatically deducted from the card on file.

Wallets and Rebilling Your Platform Account includes a wallet for pre-loading funds. If enrolled in rebilling, funds may be automatically deducted to cover negative balances.

You consent to automatic credit card charges for overdraft protection.

Late Payments and Disputes If your payment is declined, SalesKeeperAi will attempt to charge your card for 7 business days.

If unsuccessful, your account may be canceled.

Disputed charges must be reported within 30 days, and you must continue paying all invoiced fees while disputes are resolved.

Legal action for unpaid balances may include attorney fees and collection costs and cooperate diligently with us to resolve the dispute. All SalesKeeperAi determinations regarding your obligation to pay invoiced Fees and charges are final.

Cancellations

You may cancel your subscription through your Platform Account, by submitting a support ticket. You are solely responsible for ensuring the cancellation of any Services linked to your account. Subject to these Terms, you will remain responsible for all Fees incurred until the cancellation is processed. No refunds will be issued for failure to properly cancel the Services associated with your account.

Refunds

Nonrefundable Fees

All Fees assessed by SalesKeeperAi, including subscription Fees, Communication Surcharges, and Third-Party Services resold by SalesKeeperAi, are non-refundable, regardless of whether you accessed or used the Platform Account or Services during your subscription period. Any excess Fees incurred due to an error or omission by you or a third party are your sole responsibility. SalesKeeperAi does not provide refunds or credits for such errors, partially used, or unused subscriptions. Except as required by law, SalesKeeperAi reserves the right to issue or deny refunds or credits at its sole discretion.

Pre-paid and Minimum Commitment Subscriptions

Certain Services and Third-Party Services resold by SalesKeeperAi require pre-payment, including but not limited to ad-buying services. Unused or canceled pre-paid services are non-refundable. SalesKeeperAi may, at its sole discretion, issue account credits for future services if you cancel a pre-paid service before completion. Some Services require a non-cancelable minimum subscription commitment, which must be fulfilled before cancellation is permitted. Fees for such commitments will continue to be billed automatically until the obligation is met. Certain add-on services, such as the HIPAA package, cannot be canceled or refunded once enabled on your Platform Account.

Wallet Credit Refunds

If your Services are canceled, terminated, or expire, you must request a refund for any remaining balance in your account's "wallet." Any unclaimed funds in the wallet for over 30 days after account termination will become the property of SalesKeeperAi.

Taxes and Government Assessments

All Fees are exclusive of sales tax, VAT, GST, and other government-imposed charges ("Taxes") unless explicitly stated otherwise. Business entities with a valid VAT or GST identification number must provide it to SalesKeeperAi, confirming its accuracy. Where applicable, SalesKeeperAi may shift the VAT/GST liability to you under a reverse charge mechanism. You are solely responsible for all Taxes related to your Platform use and customer transactions. SalesKeeperAi may collect Taxes as part of the Fees as required by law. Failure to provide a valid VAT or GST number may result in additional assessments, which will not be refunded if provided after a Fee has been paid.

SalesKeeperAi may recalculate and collect additional Taxes from you if determined necessary.

You will indemnify SalesKeeperAi against all claims related to Taxes associated with your activities on the Platform.

Affiliate Program

SalesKeeperAi offers an Affiliate Program that allows participants to earn commissions by referring new customers. Participation requires approval and acceptance of the Affiliate Agreement, which is incorporated herein by reference. You must link a payment account to your SalesKeeperAi account to receive commissions.

If SalesKeeperAi cannot process a commission payment to your account, commissions may be forfeited.

Employees of SalesKeeperAi are ineligible to participate in the Affiliate Program or earn commissions for at least six months after their employment ends.

Intellectual Property

Platform Content

The Platform and its content are owned by SalesKeeperAi or its licensors Gohighlevel and are protected by copyright, trademark, and other intellectual property laws. SalesKeeperAi grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use Platform Content while using the Platform. Unauthorized reproduction, modification, distribution, or display of Platform Content is strictly prohibited.

SalesKeeperAi Marks and Advertisements

SalesKeeperAi’s name, logo, and GoHighLevel associated marks (e.g., SalesKeeperAi, are trademarks and service marks of SalesKeeperAi or Gohighlevel.

You may not use these marks without prior written permission. Unauthorized removal or modification of SalesKeeperAi branding is prohibited unless explicitly permitted under a white-label resale agreement. Unauthorized representations or misleading statements regarding SalesKeeperAi or its services are also prohibited.

User Contributions

User Contributions are non-confidential and non-proprietary. By submitting content, you grant SalesKeeperAi and its affiliates a broad license to use, reproduce, modify, and distribute your contributions. SalesKeeperAi is not responsible for any User Contributions or for any disputes arising from them. SalesKeeperAi reserves the right to remove any content deemed to violate these Terms.

Prohibited User Contributions

You are prohibited from posting content that:

Is unlawful, abusive, defamatory, or fraudulentHarasses or discriminates based on protected characteristicsInfringes on intellectual property rightsCompromises the security of the Platform

Feedback

By submitting Feedback, you grant SalesKeeperAi a perpetual, irrevocable, royalty-free license to use it without restriction or compensation. You waive any claims against SalesKeeperAi related to the use of Feedback.

Copyright and DMCA Compliance

SalesKeeperAi complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been infringed, you may submit a DMCA Takedown Request. Detailed submission requirements are outlined in our DMCA policy.

Usage Data

SalesKeeperAi may collect and analyze Usage Data derived from the use of the Platform. SalesKeeperAi owns this data and may disclose it in anonymized, aggregate form.

Disclaimers

SalesKeeperAi makes no guarantees regarding business profitability or financial success using the Platform. The Platform is provided "as is" without warranties of any kind. You use the Platform at your own risk. SalesKeeperAi is not liable for data loss, security breaches, or service interruptions. Transactions conducted through third-party services are solely your responsibility. SalesKeeperAi is not responsible for issues arising from third-party transactions.The services provided through the platform by a third party or via third-party services are solely the responsibility of the respective third party.We reserve the right to modify or discontinue the platform, including any services or features, at any time with or without prior notice. We are not liable to you or any third party if we exercise this right. Modifications may include, but are not limited to, changes in pricing structure and the addition of free or paid services. Any new features that enhance or expand upon existing services will also be subject to these Terms of Service.Certain states or jurisdictions may not allow the exclusion of specific warranties, so some of the above limitations may not apply to you. Please refer to your local laws.

Beta and Early Release Products

Occasionally, you may have the option to participate in a program with SalesKeeperAi that allows you to use early-release or beta products, features, or documentation ("Beta Products"). These Beta Products are not generally available and are provided "as is" and "as available," without any warranties. SalesKeeperAi does not provide indemnities, service level commitments, or warranties, whether express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Either you or SalesKeeperAi may terminate your access to Beta Products at any time.

Limitation of Liability, Indemnification, and Mitigation

Your sole remedy and our maximum liability for any claims arising from these Terms and your use of the platform or services will be limited to the amount you paid for services purchased within the three (3) months before the event giving rise to the liability.

However, this limitation does not apply to users who only utilize free services, for whom SalesKeeperAi's liability will not exceed $100.

SalesKeeperAi shall not be liable for special, punitive, incidental, indirect, or consequential damages, including but not limited to damages resulting from malicious code, loss of data, profits, or usage, even if advised of the possibility of such damages. Additionally, we are not liable for third-party services, their disruptions, or any transactions or representations made regarding third-party services through our platform.You agree to defend, indemnify, and hold SalesKeeperAi harmless from any claims, demands, actions, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the platform. This includes but is not limited to: misuse of information, breach of these Terms, negligence, violations of law, and disputes with third parties, including your clients and customers.If the platform is found to infringe upon third-party intellectual property rights, we may, at our discretion: (a) obtain the right for you to continue using the platform, (b) modify or replace the platform to eliminate infringement, or (c) require you to cease using the platform immediately.

Limitation on Time to File Claims

Any claims or causes of action arising out of or related to these Terms or the platform must be filed within three (3) months of the event giving rise to the claim. Otherwise, such claims are permanently barred.

Injunctive Relief

A breach of these Terms may cause irreparable harm to SalesKeeperAi, entitling us to equitable relief, including injunctions, in addition to legal remedies, without requiring a bond or security deposit.

Waiver and Severability

Failure to enforce any provision of these Terms does not constitute a waiver. If any provision is found invalid, illegal, or unenforceable, the remaining provisions shall remain in effect.

Change of Control

SalesKeeperAi may assign its rights under these Terms at any time without notice. You may not assign your rights without prior written consent from SalesKeeperAi.

Entire Agreement

These Terms constitute the entire agreement between you and SalesKeeperAi regarding the platform and supersede all prior agreements. Any modifications to these Terms must be in writing and signed by an authorized SalesKeeperAi representative.

Term and Termination

These Terms remain in effect as long as you maintain a platform account. Certain provisions will survive termination.

Grounds for Termination

SalesKeeperAi may suspend or terminate your access to the platform at its discretion, with or without notice, for any reason. Suspected fraudulent, abusive, or illegal activity may result in account suspension and notification to relevant authorities. Inactive accounts for 90 days or more may be deleted.

No Right to Services Upon Termination

Upon termination, your right to use the platform ceases immediately.

SalesKeeperAi is not liable for any damages resulting from termination or suspension of access.

No Termination by Third-Party Users

If you received access to the platform from a third party, termination inquiries must be directed to the original provider.

Force Majeure

SalesKeeperAi is not liable for non-delivery or delays caused by events beyond our control, including but not limited to labor strikes, wars, natural disasters, government actions, or supply chain disruptions.

Applicable Law, Arbitration, and Class Action Waiver

These Terms are governed by the laws of Florida. Any disputes shall be resolved exclusively by arbitration under the American Arbitration Association's rules and governed by the Federal Arbitration Act. Claims must be arbitrated individually—class action claims are not permitted.

Communications and Contact Information

Notices must be in writing and sent via email. SalesKeeperAi may contact you at the email address you provide. If you wish to opt out of communications, you can use the "unsubscribe" link or contact [email protected].For general inquiries, support, or feedback, contact us at [email protected] or by mail at our designated address.

Definitions

"Communication Surcharges" refer to any applicable fees or surcharges from communication service providers or telecommunications carriers related to your use of the Platform.

"Competitor" includes any entity engaged in marketing and sales platforms, SaaS, or services similar to those offered by the Platform, as determined by SalesKeeperAi in its sole discretion. SalesKeeperAi customers who white-label and resell the Platform are not considered Competitors.

"Feedback" refers to ideas you provide to SalesKeeperAi regarding improvements, enhancements, new features, products, or other concepts related to the Platform, Services, or SalesKeeperAi’s business. This includes ideas submitted to SalesKeeperAi’s idea board.

"Fees" include any charges associated with the Platform, such as the monthly subscription fee and costs for add-on Services.

"SalesKeeperAi Marks" encompass the SalesKeeperAi name, logos, and related service marks.

"Information" comprises data about you and your customers collected on the Platform, including details required for account creation and platform usage.

"Login Credentials" include the username, password, API keys, and third-party integration access used for your Platform Account.

"Materials" consist of your trademarks, copyrighted content, tangible products or services sold through the Platform (including descriptions and pricing), and any multimedia or data provided by you or your affiliates to SalesKeeperAi.

"Platform" refers to the services, training, content, features, communication channels, and software provided through SalesKeeperAi’s website or mobile application.

"Platform Account" is the account you create to access and use the Platform.

"Platform Content" includes all text, graphics, videos, logos, music, sounds, and other materials available on the Platform, excluding User Contributions.

"Prohibited Uses" are defined in Section 3.17.13 "Services" cover all integrations and offerings available on the Platform, including Third-Party Services.

"Sub-Account" refers to a business subscription under a Platform Account.

"Third-Party Content" includes content, promotions, and external links provided by third parties accessible through the Platform.

"Third-Party Services" consist of third-party applications, integrations, and functionality available via the Platform, such as those in the SalesKeeperAi Marketplace.

"Training" refers to any instructional materials or guidance provided by SalesKeeperAi about the Platform.

"User Contributions" include any content you post, submit, upload, or transmit through the Platform.

"You" or "your" refers to the individual who accepted the Terms or the business entity they represent, including authorized agents, employees, or third parties acting on their behalf.

Engaging in any of the following Prohibited Uses constitutes a material breach of these Terms, and SalesKeeperAi may suspend or terminate your Platform Account:

Violating any applicable law or regulation.

Using the Platform in a country that restricts Artificial Intelligence.

Exploiting, harming, or attempting to harm others.

Transmitting unlawful advertising, spam, or solicitations.

Impersonating SalesKeeperAi, its employees, or other users.

Engaging in any activity that disrupts or interferes with the Platform’s functionality.

Deploying bots, spiders, or automated processes to access or copy Platform materials without consent.

Introducing viruses, malware, or other harmful software.

Attempting unauthorized access to Platform resources.

Attacking the Platform via denial-of-service or other malicious activities.

Engaging in fraudulent, abusive, or deceptive practices, including phishing, impersonation, and misinformation campaigns.

Generating, distributing, or facilitating hateful, harassing, violent, or sexually explicit content.

Violating privacy rights or intellectual property laws.

Participating in illegal activities such as gambling, payday lending, cryptomining, and unauthorized legal or medical services.

Using AI features for political campaigning, military applications, or infrastructure operations without authorization.

ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

AI features must comply with relevant laws, regulations, and industry standards (e.g., GDPR, CCPA, PCI DSS).AI must not be used for discrimination, harassment, or biased decision-making.AI must not provide professional advice requiring a licensed practitioner (e.g., medical, financial, legal advice) without disclosure.Generated content must be professional and respectful, avoiding offensive or abusive language.Confidential and sensitive user information must be protected.AI must not disrupt, impair, or overburden websites or systems with automated requests.AI must not spread misinformation or engage in harmful activities.AI use must align with these Terms and the Code of Conduct.

Failure to comply with these policies may result in immediate suspension or termination of your Platform Account.

- AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.- All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.- You must take necessary steps to protect confidential and sensitive information of your users and customers- AI usage may not not damage, disable, overburden, or impair any websites or launches any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.- AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.- AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein.

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