Terms and Conditions
1. Definitions
· "Customer" means the individual or entity that purchases the SaaS Service from the Service Provider.
· "Service Provider" means Start2Finish the marketing agency that provides the SaaS Service to the Customer.
· "SaaS Service" means the custom chat bot that is built and maintained by the Service Provider for the Customer, using third-party services including GoHighlevel, Zapier, and OpenAI's Chat API.
· "Third-Party Services" means the third-party services that are used by the Service Provider to provide the SaaS Service, including but not limited to GoHighlevel, Zapier, and OpenAI.
2. Services
The Service Provider will provide the SaaS Service to the Customer in accordance with the terms and conditions of this Agreement. The SaaS Service will be used by the Customer to create and manage a custom chat bot for their business, using the Third-Party Services.
3. Data Sharing
The Customer agrees to provide the Service Provider with the data that is necessary to create and manage the SaaS Service. The Service Provider will use the data solely for the purpose of providing the SaaS Service to the Customer. The Service Provider may share the Customer's data with third-party services in order to provide the SaaS Service. The Customer acknowledges and agrees that their data may be shared with third-party services, including but not limited to GoHighlevel, Zapier, and OpenAI. The Customer can find more information about how their data is shared with third-party services in the privacy policy.
The Service Provider may collect the following information from the Customer:
The Service Provider will use the Customer's data to:
· Create and manage the SaaS Service
· Provide customer support
· Send marketing emails
The Customer has the right to access, correct, or delete their data at any time. The Customer can exercise these rights by contacting the Service Provider at [email protected]
The Service Provider will retain the Customer's data for as long as the Customer's account is active. The Service Provider will delete the Customer's data after the Customer's account is terminated.
The Service Provider will take reasonable steps to protect the Customer's data from unauthorized access, use, or disclosure.
4. Third-Party Services
The SaaS Service may use Third-Party Services. The Customer acknowledges that the Service Provider is not responsible for the privacy practices or security of Third-Party Services. The Customer is responsible for reviewing terms of service and the privacy policies of Third-Party Services before using them. Service provider utilizes third-party services, including but not limited to GoHighlevel, Zapier, and OpenAI. By using the Service Provides service, The Customer acknowledges and agrees that the Service Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Customer further acknowledge and agrees that they shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. We encourage The Customer to be aware of when you leave our service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
The Service Provider will not be liable for any damages or losses arising from the use of Third-Party Services.
5. Fees
The Customer will pay the Service Provider the fees set forth in the Service Agreement. The fees are due and payable in advance on a monthly basis.
6. Term and Termination
These Terms will remain in full force and effect so long as the Customer maintains an account with the Service Provider. The sections of these Terms that are intended to survive termination of the Customer's account will remain binding even after the Customer is no longer a user of the SaaS Service.
a. Grounds for Termination
The Service Provider may terminate the Customer's account for any reason, with or without notice, and without any liability to the Customer or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring the Customer's access to the SaaS Service, and reporting the Customer to the proper authorities, if necessary. The Service Provider reserves the right to delete accounts that have remained inactive for at least one (1) year.
b. No Right to Services Upon Termination
Upon termination, regardless of the reason(s) motivating such termination, the Customer's right to use the SaaS Service will immediately cease. The Service Provider is not liable to the Customer or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by the Service Provider with regards to the Customer's account.
c. How to Terminate or Make Adjustments
If the Customer, for any reason, would like to terminate their account or make adjustments, the Service Provider requires written notice at least 30 days before the next billing date.
d. No Termination by Third Party Users
The Service Provider has limited access to accounts that were not directly purchased from the Service Provider. Any user who has been given access to the SaaS Service by any party other than the Service Provider must contact the party who originally provided access to the SaaS Service for any inquiries related to termination.
e. Force Majeure
In addition to any excuse provided by applicable law, the Service Provider shall be excused from liability for non-delivery or delay in delivery of the SaaS Service or any associated product or service through the SaaS Service arising from any event beyond the Service Provider's reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond the Service Provider's control, whether or not similar to those which are enumerated above.
7. Governing Law, Binding Arbitration, and Class Action Waiver
a. Applicable Law
The laws of the State of California will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.
b. Binding Arbitration
Please read the following paragraphs carefully because they require you to agree to resolve all disputes between us through binding individual arbitration.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Yuba City, California. Any arbitration award may be entered in a court of competent jurisdiction.
c. Class Action Waiver
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck from this Agreement and the remaining provisions will remain in full force and effect.
10. Waiver
No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.
11. Notices
All notices to a party shall be in writing and shall be made via email. Notices to the Service Provider must be sent to [email protected] Notices to the Customer must be sent to the email address provided by the Customer when creating their account. Notices are effective on receipt.
The Service Provider may contact the Customer regarding these Terms using any information the Customer provides, or by any other means if the Customer does not provide contact information. If the Customer no longer wishes to receive communications from the Service Provider, the Customer can click on the "unsubscribe link" provided in such communications or contact the Service Provider at [email protected]
When the Customer creates an account, the Customer must designate a primary email address that will be used for receiving electronic communication related to these Terms. The Service Provider will never send the Customer an email requesting confidential information such as account numbers, usernames, or passwords, and the Customer should never respond to any email requesting such information. If the Customer receives such an email purportedly from the Service Provider, the Customer should not respond to the email and should notify the Service Provider at [email protected]
For all other feedback, comments, requests for technical support, and other communications relating to the SaaS Service or the Terms, please contact the Service Provider at [email protected] or by mail at:
Start2Finish Marketing
ATTN: Legal Department
800 Northgate Drive
Yuba City, CA 95991
12. Headings
The headings in this Agreement are for convenience only and will not affect its interpretation.
13. Counterparts
This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
14. User Responsibility
The Customer is responsible for the use of the SaaS Service by their employees and agents. The Customer is also responsible for ensuring that the data that they provide to the Service Provider is accurate and complete.
15. Service Modifications and Interruptions
The Service Provider may modify or interrupt the SaaS Service from time to time for any reason, including but not limited to maintenance, upgrades, or changes to the Third-Party Services. The Service Provider will make reasonable efforts to notify the Customer of any modifications or interruptions to the SaaS Service.
16. Limitation of Liability
The Service Provider will not be liable for any damages or losses arising from the use of the SaaS Service, including but not limited to lost profits, lost data, or damage to property. The Service Provider's liability will be limited to the amount of fees that the Customer has paid for the SaaS Service.
17. Indemnification
The Customer agrees to indemnify and hold harmless the Service Provider from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with the Customer's use of the SaaS Service.
18. Changes to Terms and Conditions
The Service Provider may change the terms and conditions of this Agreement at any time. The Customer will be notified of any changes to the terms and conditions by email. If the Customer does not agree to the changes, they may terminate the Agreement by providing written notice to the Service Provider within thirty (30) days of the date of the changes.
Acceptance of Terms
By clicking on the "Accept" button, you agree to the terms and conditions of this Agreement. You have read and understood the terms and conditions of this Agreement. You understand that the Service Provider will use Third-Party Services to provide the SaaS Service. You agree to review the privacy policies of the Third-Party Services before using them.