Terms of Service

01 Agreement to Terms

By accessing this website, signing up for a platform account, or purchasing any services from ClickHappens Agency LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not access or use our platform or services.

These Terms apply to all visitors, clients, sub-accounts, white-label users, and affiliates who interact with ClickHappens Agency LLC in any capacity.

02 Services Provided

ClickHappens Agency LLC provides white-label GoHighLevel (GHL) SaaS platform access and marketing automation agency services, including but not limited to:

• White-label GoHighLevel sub-account provisioning and management
• CRM, pipeline, and sales funnel setup and configuration
• Automated SMS, email, and voice marketing workflow builds
• Landing page and funnel design and deployment
• Onboarding, training, and technical support for sub-account users
• Ongoing platform management and optimization services

All services are subject to availability and are confirmed only upon receipt of a signed agreement and/or payment. Service scope is defined in your individual service order or onboarding agreement.

03 Account Registration & Platform Access

To use our platform, you must register for an account with accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your team members and users comply with these Terms

We reserve the right to suspend or terminate any account that provides false information, violates these Terms, or engages in activity that puts the platform or other users at risk.

04 Fees, Billing & Payment

Subscription Fees: Platform access is billed on a recurring monthly or annual basis as outlined in your selected plan. Fees are charged in advance at the beginning of each billing cycle.

Setup & Onboarding Fees: One-time setup fees, if applicable, are due upon signing your service agreement and are non-refundable once onboarding work has commenced.

Payment Methods: We accept major credit/debit cards and ACH transfers. A 3% processing fee applies to credit card transactions.

Late Payment: Accounts with overdue balances may have platform access suspended until payment is received. Accounts more than 30 days past due may be terminated.

05 Cancellations & Refunds

• Monthly subscriptions: You may cancel at any time. Access continues through the end of the current billing period. No partial-month refunds are issued.
• Annual subscriptions: Cancellations within 7 days of renewal receive a prorated refund for unused months. After 7 days, no refund is issued for the remaining term.
• Setup / onboarding fees: Non-refundable once work has commenced.
• Done-for-you service retainers: Cancellations require 30 days' written notice. Work completed during the notice period is billable.

All cancellation requests must be submitted in writing to [email protected]. Verbal cancellation requests are not accepted.

06 Acceptable Use Policy

You agree to use the ClickHappens platform and services only for lawful purposes. The following activities are strictly prohibited:

• Sending unsolicited commercial messages (spam) in violation of the CAN-SPAM Act or TCPA
• Using the platform to harass, threaten, or defraud any individual or business
• Uploading or transmitting malware, viruses, or any malicious code
• Reselling or sublicensing platform access without prior written authorization
• Violating any applicable federal, state, or local laws or regulations
• Using the platform for any illegal gambling, adult content, or regulated industry activity without proper licensing and disclosure

Violations of this policy may result in immediate account suspension or termination without refund.

07 SMS & Email Compliance (TCPA / A2P)

The platform includes tools for SMS and email marketing automation. By using these features, you agree to:

• Obtain proper written consent from all contacts before sending marketing messages
• Maintain compliant opt-in records and honor all opt-out requests promptly
• Comply fully with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable carrier guidelines
• Register your business and messaging use case through the A2P 10DLC program as required

You are solely responsible for the content of messages sent through your account. ClickHappens Agency LLC is not liable for fines, penalties, or legal actions arising from your non-compliant use of messaging features.

08 Intellectual Property

All content, branding, templates, workflows, code, and materials created by ClickHappens Agency LLC and delivered to you remain the intellectual property of ClickHappens Agency LLC unless a written work-for-hire agreement states otherwise.

You retain ownership of your own business data, contact lists, and content you create within your sub-account. You grant us a limited license to use, store, and process your data solely to provide the services described herein.

09 Confidentiality

Both parties agree to keep confidential any non-public business information shared during the course of the engagement, including pricing, strategy, internal processes, and client data. This obligation survives termination of these Terms for a period of two (2) years.

10 Limitation of Liability

To the maximum extent permitted by law, ClickHappens Agency LLC's total liability for any claim arising from our services shall not exceed the total fees paid by the client in the three (3) months preceding the claim.

We are not liable for indirect, incidental, punitive, or consequential damages including lost revenue, lost data, lost business opportunities, or reputational harm — even if we have been advised of the possibility of such damages.

11 Indemnification

You agree to indemnify, defend, and hold harmless ClickHappens Agency LLC, its owners, employees, contractors, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the platform or services
• Your breach of these Terms
• Your violation of any applicable law or third-party right
• Any content or messages sent through your account

12 Third-Party Platforms

Our services operate on or integrate with third-party platforms including GoHighLevel, Twilio, Stripe, Google, Meta, and others. We are not responsible for outages, policy changes, or service modifications made by these third-party providers. Changes by third-party platforms that affect our service delivery do not entitle you to a refund.

13 Privacy

Your use of this website and platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the data practices described therein.

14 Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Miami-Dade County, Florida, under the rules of the American Arbitration Association.

You waive any right to participate in a class-action lawsuit or class-wide arbitration against ClickHappens Agency LLC.

15 Changes to These Terms

We reserve the right to update these Terms at any time. When we do, we will post the revised Terms on this page and update the effective date above. For material changes, we will provide at least 14 days' notice via email or platform notification. Continued use of our services after the effective date constitutes acceptance of the revised Terms.

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