Terms of Service & End User License Agreement

AGENCY EDGE PRO, LLC

TERMS OF SERVICE & END USER LICENSE AGREEMENT
Effective Date: [Insert Date]
Last Updated: [Insert Date]

1. About Agency Edge Pro, LLC

Agency Edge Pro, LLC (“Agency Edge Pro,” “we,” “our,” “us”) is a Texas Limited Liability Company headquartered at 406 Spring Mill Dr, Kerrville, Texas 78028, USA.

We provide:

A licensed software-as-a-service (SaaS) system built on the HighLevel platform.

Limited marketing, consulting, and related services to help you maximize the benefits of our system and/or your other marketing efforts.

Integrated and stand-alone third-party services and applications (including but not limited to Google Cloud, Amazon Web Services, Twilio, HighLevel, email service providers, and other contracted service providers).

Our platform is intended for use primarily by local businesses to manage customer relationships, communications, and related functions in compliance with applicable laws.

A list of our primary contracted service providers is available upon request.

2. Agreement to Terms

By creating an account, accessing, or using our platform, you agree to be bound by these Terms of Service and End User License Agreement (“Agreement”). If you do not agree, do not use our services.

You must be at least 18 years old to use our services, unless you have the express consent and authorization of a parent or legal guardian.

3. License Grant & Limitations

Non-Exclusive, Non-Transferable License: Granted solely for your internal business use.

Single Physical Business Location: Each account is limited to one physical business location unless otherwise authorized in writing.

Sub-Accounts: Not permitted unless explicitly authorized.

Multiple Users: Allowed; additional users beyond five (5) may incur additional fees as outlined in the Schedule of Fees, unless the service package selected provides for additional users, or we have waived this limitation in writing.

4. Term & Termination Of Agreement

Month-to-Month Term: Unless otherwise agreed in writing, this Agreement is month-to-month, renews automatically, and may be terminated by either party with or without cause.

Customer Cancellations: Require at least five (5) business days’ written notice prior to your established billing date provided by email, or by customer cancellation within our platform, if available. This provides the documentation and processing time needed to ensure pending automated payments can be cancelled prior to processing.

Company Terminations: We will provide at least thirty (30) days’ notice via the primary account holder’s email on file, except in cases of suspected or known abuse, illegal activity, or material breach—in which case we may suspend or terminate immediately.

Suspensions Pending Investigation: We may suspend access while investigating suspected breaches or abuse of the platform. Customers may appeal within seven (7) days of notice; decisions are at our discretion.

Data Retention & Deletion: Our standard practice is to retain account data for up to twelve (12) months after termination, inactivity, or cancellation to protect against data loss and allow for reinstatement. We are not required to retain data for any specific period and may delete it sooner, including within thirty (30) days, for accounts terminated for cause or violations of this Agreement. Retrieval of data after deletion, cancellation, or termination of your account is not guaranteed. Customers should export permissible data promptly before closure. Fees for our services to export your account data on your behalf may apply, if available.

5. Fees & Payment

Subscription Fees: Billed monthly or annually, unless otherwise determined in a separate agreement.

Usage Charges: Charges for AI usage, SMS/MMS/Text, Voice, Email, and other services apply as outlined in our Schedule of Fees.

Add-On Service Fees: Additional charges for optional services may apply.

Late Payment: May result in suspension; a $50 reactivation fee applies if reinstated after suspension. Accounts overdue by thirty (30) days may be terminated and data deleted, at our discretion.

6. Refund Policy

First 30 Days: Full refund (minus usage fees, taxes, and charges for services already rendered) available upon cancellation within 30 days of signup.

Monthly Payment Plans After 30 Days: No prorated refunds for partial months.

Annual Payment Plans After 30 Days: Refunds for unused full months only; current month’s fee is non-refundable.

Transfers of Websites/Landing Pages: Require at least fourteen (14) days’ notice and are provided at our discretion; fees may apply per the Schedule of Fees. Technical limitations may prevent direct transfers of websites and landing pages in some circumstances, or may require third party services.

7. Proprietary Assets & Ownership

Agency Edge Pro-created assets (including but not limited to workflows, forms, websites, landing pages, custom fields, custom objects, custom values, trigger links, and tags) remain our intellectual property.

You may not reverse engineer, copy, modify, export, or create derivative works of these assets without our prior written authorization.  If such actions are desired, contact support first for options to protect functionality and avoid conflicts with future account or snapshot updates.

8. Customer Responsibilities

You agree to:

Keep your account contact information current.

Manage user permissions and remove/deactivate users who no longer require access.

Ensure you have legal rights to any content you upload.

Avoid infringing third-party rights (e.g., copyright, trademark, privacy).

Comply with all applicable laws, including TCPA, CAN-SPAM, and carrier rules.

Review and comply with our Privacy Policy, which outlines your communication preferences and legal rights regarding your data.

9. Data, Incidental Access & Export Limitations

Customers own their CRM customer data and may export it at their discretion at any time prior to account cancellation or termination. After cancellation or termination has been finalized, access may require reinstatement of the account for export, or contacting us for additional options. See section 4. of this document for additional information.

We may have incidental access to customer account data (including your customers’ data) only as necessary for support, troubleshooting, or service delivery.

Proprietary or non-exportable platform resources may not be transferable due to intellectual property rights or system limitations.

Export and backup services may be offered at our discretion for a fee.

10. Service Availability

No uptime guarantee is provided.

Our infrastructure is hosted via HighLevel using Google Cloud, Amazon Web Services, Twilio, email service providers, and other contracted vendors.

We are not responsible for downtime, interruptions, or data loss.

11. HIPAA Compliance

HIPAA-regulated data may not be stored unless you have purchased a HIPAA-compliant upgrade.

Even with such an upgrade, you remain solely responsible for compliance with all HIPAA rules and regulations.

12. Prohibited Content & Uses

Strictly prohibited content includes:

Pornographic, obscene, or sexually explicit material.

Hate speech or discriminatory content, or content that promotes violence.

Illegal, spam, or abusive communications.

Cold outreach without prior approval; even approved outreach must follow all laws and is subject to restrictions to protect deliverability and platform reputation.

13. Hosting & Landing Pages

Websites and landing pages hosted through our platform may require customization approval or assistance, if provided as a part of your package or purchased from us.

Some hosted sites (e.g., free sites provided by us with hosting prior) may remain our property.

Certain revisions or edits may require approval before publication.

14. Indemnification (To the extent permitted by law)

You agree to indemnify, defend, and hold harmless Agency Edge Pro, its affiliates, officers, and employees from claims, damages, or expenses arising from your use of the platform, violation of this Agreement, or infringement of any rights. 

15. Limitation of Liability (To the extent permitted by law)

Our liability is limited to the total fees paid to us in the preceding twelve (12) months.
We are not liable for consequential, incidental, or indirect damages.

16. Governing Law & Dispute Resolution

This Agreement is governed by Texas law, with exclusive jurisdiction in Kerr County, Texas, USA.

All disputes will be resolved via binding arbitration or small claims court if applicable.

17. Severability

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

18. No Waiver (To the extent permitted by law)

Failure to enforce any term of this Agreement does not waive our right to enforce it later.

Acknowledgment

By using our platform, you acknowledge that you have read, understood, and agree to these terms.