Terms Of Service

It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services.

Only the terms on the right are legally binding. The terms on the left are not legally binding. They are only provided for your convenience. If you have questions about what the terms on the right mean, you should talk to a lawyer.

We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.

Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY,DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT(COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND GVL Marketing LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “GVL MARKETING,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH GVL MARKETING RELATED TO THE PLATFORM.

ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

GVL Marketing reserves the right to make changes to these Terms at any time.

All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.

ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.

GVL Marketing reserves the right to make changes to these Terms at any time.

All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.

1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.

1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to GVL Marketing, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.

1.4. Privacy. By using the Platform and providing Information on or through the Platform, you consent to GVL Marketing’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that GVL Marketing has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by GVL Marketing. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.

1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify GVL Marketing immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. GVL Marketing reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in GVL Marketing’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.

1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. GVL Marketing is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. GVL Marketing is a technology platform communication service application provider ONLY. GVL Marketing does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them.

By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.

1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. GVL Marketing is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and GVL Marketing is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), GVL Marketing reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. GVL Marketing disclaims all liability related to outages or downtime of Third Party Services.

There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.

1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of GVL Marketing. GVL Marketing is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.

1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. GVL Marketing may remove any of your modifications at any time without advance notice and without liability to you.

If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.

1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in GVL Marketing’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if GVL Marketing’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.

1.11. Platform Updates. GVL Marketing reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on GVL Marketing’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

Read this list carefully. These are behaviors that we do not tolerate by users of our platform. If you engage in any of these behaviors, we might terminate your platform account.

2. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which GVL Marketing may immediately suspend or termination your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation.

Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

Impersonating or attempting to impersonate GVL Marketing, a GVL Marketing employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

Engaging in any conduct that would may, as determined by GVL Marketing, harm Platform users or GVL Marketing, or expose either to liability.

Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without GVL Marketing’s prior written consent.

Use of any device, software or routine that interferes with the proper working of the Platform.

Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempting to interfere with the proper working of the Platform.

As a general rule, fees are nonrefundable, and we don’t provide refunds or credits.

Note that some subscription fees require minimum commitments. In those cases, we can’t cancel your subscription until you’ve fulfilled the minimum commitment.

If you decide to pass through any subscription fees to your customers, you cannot mark-up the fees.

3. Payment

a. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

b. Noncancellable Fees. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.

c. No Mark Ups. You may not mark-up or increase any GVL Marketing Fees that you pass through to Your customers or third parties. You are

solely responsible for all pass-through Fees and related expenses, including but not limited to refunds and charge backs of such pass-through Fees. GVL Marketing is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees.

You’re responsible for taxes related to the platform and transactions you conduct with your customers. You might have to indemnify GVL Marketing if there is a tax issue related to your platform usage.

We might terminate your account if we can’t collect payment from you.

If you have a payment dispute, let us know right away.

d. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. GVL Marketing may collect Taxes from you as part of the Fees as legally required or as GVL Marketing deems appropriate, and all GVL Marketing determinations regarding what Taxes to collect are final. GVL Marketing may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify GVL Marketing for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable.

e. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

f. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All GVL Marketing determinations regarding your obligation to pay invoiced Fees and charges are final.

g. No Refunds or Credits. Except as described below, all Fees assessed by GVL Marketing are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. GVL Marketing does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, GVL Marketing reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and GVL Marketing’s determination of if and when to issue or deny a refund or credit is final.

h. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

i. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

We own the platform and the content on it. You can use the content for the purpose of making the platform available to you and your customers.

We own our trademarks and service marks.

4. Intellectual Property

4.1. Platform Content. The Platform and Platform Content are the property of GVL Marketing or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. GVL Marketing grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of GVL Marketing is strictly prohibited.

4.2. GVL Marketing Marks. GVL Marketing Marks are trademarks and services marks of GVL Marketing and may not be used without advance written permission of GVL Marketing, including in connection with any product or service that is not provided by GVL Marketing, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents GVL Marketing. You may not remove any GVL Marketing Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature GVL Marketing Marks, with or without authorization, and such usage of GVL Marketing Marks does not constitute or imply any approval, sponsorship, or endorsement by GVL Marketing.

You own the content that you post on our platform, but you give us permission to use the content.

If the content that you post violates these terms, we will take it down.

You can’t post anything inappropriate or offensive, or materials that infringe someone else’s intellectual property rights

4.3. User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant GVL Marketing, our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant GVL Marketing the right to use Your Information and User Contributions to improve the Platform, develop new services, and/or improve GVL Marketing’s overall product offerings and business model. GVL Marketing is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. GVL Marketing is not responsible for any failure or delay in removing User Contributions that violate the Terms. GVL Marketing reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

If you give us ideas on how to improve our platform or any other element of our business, then we have your permission to use that idea without compensating you.

4.5. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and GVL Marketing has no obligation to use the Feedback. You grant GVL Marketing and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to GVL Marketing without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of GVL Marketing or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to GVL Marketing, and neither your disclosure of the Feedback nor GVL Marketing's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to GVL Marketing.

4.6. Feedback Waiver. You hereby irrevocably release and forever discharge GVL Marketing from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against GVL Marketing with respect to the Feedback, including without limitation how GVL Marketing directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at GVL Marketing's option and at your sole expense) to defend, indemnify, and hold GVL Marketing harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which GVL Marketing may incur as a result of use of the Feedback in accordance with these Terms.

If you think someone is infringing your copyrights, let us know by following the process described in this section.

4.7. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.

Our designated copyright agent to receive DMCA Notices is:

GVL Marketing LLC

Attention: Copyright Agent

355 South Main St

1st & 2nd Floors

Greenville, SC 29601

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

your physical or electronic signature;

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that GVL Marketing may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others.

If you think someone is infringing your copyrights, let us know by following the process described in this section.

5.0 Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT GVL MARKETING HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT GVL MARKETING IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

GVL MARKETING MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

Any direct damages that GVL Marketing might owe are capped at the amounts you paid us in the three month period before the act giving rise to the liability.

GVL Marketing is not responsible for any damages that indirectly resulted from an incident

6. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL GVL MARKETING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

If you breach these terms, give us inaccurate information, engage in gross negligence or willful misconduct, or if you or your customers violate the law, you might have to indemnify us.

If a third party claims that our platform violates their intellectual property rights, we’ll either (i) obtain the proper licenses so that you can continue using the platform; (ii) modify or replace the platform; or (iii) shut down the platform

You agree to defend, indemnify, and hold GVL Marketing harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any GVL Marketing property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.

If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform..

If you have a claim related to these terms or the platform, you need to commence action within three months.

7. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Sometimes money won’t fix the problem if you breach these terms. In those instances, we might seek equitable relief, like an injunction.

8. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to HighLevel for which monetary damages would not be an adequate remedy, and HighLevel shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

9. Waiver And Severability

You agree that a breach of these Terms will cause irreparable injury to GVL Marketing for which monetary damages would not be an adequate remedy, and GVL Marketing shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

No waiver by GVL Marketing of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of GVL Marketing to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

10. Change of Control

GVL Marketing may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without GVL Marketing’s prior written consent which may be withheld at GVL Marketing’s sole discretion.

11. Entire Agreement

Except as noted below, these Terms constitute the sole and entire agreement between you and GVL Marketing with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of GVL Marketing.

GVL Marketing may enter into a separate agreement with you. The terms of any separate agreement between you and GVL Marketing will be considered a part of your entire agreement with GVL Marketing. To the extent there is a conflict between these Terms and the terms of your separate agreement with GVL Marketing, your separate agreement with GVL Marketing will control.

Privacy Policy

GVL Marketing LLC is committed to protecting the privacy of the data relating to our users, and their clients. We will collect, store, use and protect any personal information that you share with us. We will not share your information with anyone, except as described in this Privacy Policy.

Throughout this Privacy Policy, we will refer to our website, applications delivered via the web, and other related services collectively as the “Service.”

This Privacy Policy does not apply to information we collect by other means than your use of the Service (including offline) or from other sources. When you sign up for GVL Marketing LLC and use the Service you agree to accept this Privacy Policy.

We reserve the right to change this policy at any time, and if we do so, we will post changes and updates to this page. Please refer to this policy periodically to inform yourself if changes have been made.

We collect certain information through our website, located at GVL Marketing LLC (our “Website”). This page (this “Privacy Policy”) lays out our policies and procedures surrounding the collection and handling of any such information that identifies an individual user or that could be used to contact or locate him or her (“Personally Identifiable Information” or “PII”).

Information We May Collect

We collect the following Personally Identifiable Information from users who buy our products and services: name, email address, telephone number, address, and credit card number.

In addition, upon using the Service, individual transaction data obtained from your third-party invoicing or accounting application, (“Quickbooks,” “Xero,” “Clio” etc.) information collected via the browser, user generated content and other information uploaded to the website by the user, in conjunction with your use of the Service may be collected. Information obtained through these means that relates to the user’s client or customer to be invoiced through GVL Marketing LLC may at times be referred to as “Third-Party Client Information” throughout this Privacy Policy.

Additional information from or about you may also be collected in other ways, including responses to customer surveys and any communications with our customer service team.

We use “cookies” so that our Website can remember you and provide you with the information you’re most likely to need. For instance, when you return to the Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our Website to remind you of your past usage and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.

Our Use of Personally Identifiable Information

We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer additional products and services, and to bill you. We also use this information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property.

When you use the Service, including accepting a payment, contacting customer service or requesting technical support, in addition to many other interactions with GVL Marketing LLC, we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all GVL Marketing LLC customers by ensuring compliance with applicable US state and federal laws and our own policies. We may also use this information to improve and enhance our offerings to you.

GVL Marketing LLC may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

Protecting Personal Information

Information that can be used to identify a person is “Personally Identifiable Information”. This does not include information that has been aggregated or made anonymous. All information is securely stored on our servers in the United States. We employ the highest in industry standards to protect Personally Identifiable Information, as well as any information provided relating to your invoiced customers.

Third-party client and customer information, provided to GVL Marketing LLC by users, shall be considered confidential and shall not be disclosed to any third party, unless required to do so by law or subpoena or if we believe that such action is necessary to conform to the law, or comply with legal process served on us. Such information shall be utilized only for the purpose for which GVL Marketing LLC was created, which is to facilitate the billing and collection process for electronic billing of customers and clients.

Although GVL Marketing LLC utilizes the highest reasonable levels of data security in the industry, we cannon guarantee the security of PII or other information provided to us. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.

Sharing Personal Information

GVL Marketing LLC will not rent or sell your Personal Information to others. We may store personal information in locations outside the direct control of GVL Marketing LLC (for instance, on servers or databases co-located with hosting providers). GVL Marketing LLC will share your Personal Information with a limited number of GVL Marketing LLC partners for the explicit purpose of providing services to you. If we do this, such third parties’ use of your Personal Information will be bound by terms at least as restrictive as this Privacy Policy.

As we develop our business, we may buy or sell assets or business offerings. Customer, transaction, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, bankruptcy, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, GVL Marketing LLC will not disclose Personal Information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our User Agreement, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of GVL Marketing LLC, our customers or others.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, GVL Marketing LLC will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.

GVL Marketing LLC shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond GVL Marketing LLC's control.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case GVL Marketing LLC may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account. You can review and correct the information about you that GVL Marketing LLC keeps on file by contacting us as described below.

Information Relating to Minors

GVL Marketing LLC does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with our Service. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on GVL Marketing LLC. In the event that we learn that we have collected personal information from a minor under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us as described below.

Links to Other Web Sites

GVL Marketing LLC is not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by GVL Marketing LLC in its sole discretion. We reserve the right to determine the form and means of providing notifications to you.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

Contact

Please contact us with any questions or concerns regarding our policy.

Customer Support Team: [email protected]

T&C/Privacy Policy