IMPORTANT: These Terms of Service (“Terms”) are a legally binding agreement between you and Addvise Consulting LLC (“Addvise Consulting,” “we,” “our,” or “us”). By accessing or using our website, client portals, funnels, communications, software integrations, or any content, functionality, or services offered on or through them (collectively, the “Platform”), you agree to these Terms. If you do not agree, do not use the Platform. You must be at least 18 years old to use the Platform.
We may update these Terms at any time. Changes are effective when posted. Your continued use of the Platform means you accept the updated Terms.
Our collection and use of personal information is described in our Privacy Notice, which is incorporated into these Terms. If these Terms conflict with the Privacy Notice, these Terms control. Do not upload confidential or sensitive personal information except where expressly requested in accordance with our Privacy Notice.
References to the “Addvise Team” mean Addvise Consulting LLC, our owners, assigns, subsidiaries, affiliates, officers, directors, employees, contractors, agents, and all parties involved in creating, producing, or delivering the Platform.
Overview
All Platform content is current as of the date posted to the best of our knowledge.
Services
Addvise Consulting provides education, consulting, and advisory services related to credit improvement, credit education, and business funding strategy, as well as related digital products, trainings, and software integrations (the “Services”).
a. Right to modify. We may add, change, or discontinue features or Services at any time. b. No contingency on future features. Your purchase is not contingent on any future functionality, releases, or third-party services. c. As-is. Except as expressly provided herein, the Platform is provided “as is” (see Section 21). d. Features. Feature names may resemble those used by others, but our features and terms are specific to our Platform. e. Additional terms. Certain Services may include additional terms. If there is a conflict, these Terms control unless your separate written agreement with us states otherwise.
Intellectual Property
The Platform and all content, data, features, and functionality (including text, graphics, logos, videos, images, audio, databases, and software) are owned by Addvise Consulting or its licensors and protected by intellectual property laws. “Platform Content” excludes User Contributions.
“Addvise Consulting” and related logos are trademarks or service marks of Addvise Consulting. Do not use our marks without prior written permission, including in ways that could cause confusion or imply endorsement.
If you believe content on the Platform infringes your rights, see Sections 18 and 31.
Limited License and Prohibited Uses
We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform Content solely for lawful use of the Platform. Except as expressly allowed, you may not reproduce, modify, distribute, publicly display, or create derivative works from the Platform Content, or remove proprietary notices.
You, your employees, and any end-clients agree not to violate any law or regulation; exploit or harm anyone; upload content that violates these Terms; send unlawful or unsolicited marketing; impersonate any person or entity; interfere with others’ use of the Platform; overload, disrupt, or attack the Platform; use bots or scrapers without consent; introduce malware; or attempt unauthorized access to systems or data.
Customer and End-User Conduct
You are responsible for your and your Clients’ use of the Platform. You will maintain all necessary consents, permits, and authorizations; ensure compliance; not misrepresent the Services; own or control rights to content you provide; provide adequate notices and obtain consents for sharing personal data with us; and reasonably cooperate with lawful information requests.
Communications Features (SMS, MMS, Email, Voice, etc.)
The Platform may enable you to send communications using providers or integrations. You are solely responsible for all messages you initiate and for complying with all laws, including the TCPA and CAN-SPAM. We are a technology provider and do not originate, send, or deliver your communications; you control content, timing, recipients, and compliance. Send communications only to recipients who have provided legally sufficient consent.
Payment
a. Fees. By purchasing Services, you agree to pay all fees. Fees may be subscription-based, one-time, or usage-based and may change over time. Carrier fees, pass-through messaging surcharges, and similar costs are your responsibility and may appear as separate line items. All fees and surcharges are non-refundable.
b. Billing. Charges are billed to the payment method on file. For subscriptions, charges are billed in advance. Keep billing information accurate and current. If you resell or pass costs to Clients, you alone handle related collections, refunds, chargebacks, and disputes. c. Taxes. You are responsible for all applicable taxes. We may collect taxes we deem appropriate and adjust if needed. You will indemnify us for tax-related claims. d. Overdue amounts. We may suspend or terminate Services for nonpayment and you agree to pay collection costs, including legal fees. e. Payment disputes. Notify us in writing within 60 days of the invoice date to dispute charges and pay while the dispute is reviewed. f. No refunds. Fees are non-refundable unless we expressly provide otherwise in writing or as required by law.
Resale of Services
If your plan permits resale of access to your branded instance, you must honor our minimum advertised price of 97 dollars per month, calculate advertised price after discounts and rebates, not represent yourself as Addvise Consulting or direct your customers to us for support, and comply with applicable laws and these Terms. We may suspend or terminate resale rights at our discretion.
Excessive Data or Messaging Usage
Excessive usage may degrade performance. We may limit, suspend, or terminate use if, in our sole discretion, usage is excessive or negatively impacts the Platform. Higher-tier plans may better suit heavy usage.
Training
We may offer training and educational content. Training is provided “as is” with no guarantee of outcomes. You are responsible for how you apply strategies to your situation.
Data Stored on Our Servers
Subject to our Privacy Notice, we are not responsible for deletion or failure to store content. We may remove or terminate accounts that are unpaid, inactive for twelve months, or in violation of these Terms.
Account Registration
Provide accurate, current, and complete information to register or transact. Your information is governed by our Privacy Notice.
Use and Protection of Login Credentials
You are responsible for safeguarding your credentials and all activity under your account. Notify us immediately of unauthorized access. We may disable credentials at our discretion.
User Contributions
“User Contributions” include content you or your Clients submit, post, upload, or otherwise provide via the Platform.
You represent and warrant that you own or have rights to your User Contributions and can grant the license below; that your User Contributions comply with these Terms and law; and that you are solely responsible for your User Contributions.
By submitting User Contributions, you grant Addvise Consulting and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, display, and otherwise use such content as necessary to operate, improve, and provide the Platform and Services.
Do not post content that is unlawful, harmful, deceptive, harassing, defamatory, obscene, hateful, infringing, or that compromises security. We may, but are not obligated to, monitor, remove, or restrict User Contributions at our discretion.
User Customization
If you customize look-and-feel within your workspace, you are responsible for related intellectual property rights and compliance. We may remove customizations at any time.
Promotions and Third-Party Offers
Your dealings with advertisers or third parties are solely between you and them. We are not liable for related issues. You must ensure compliance with all laws.
Content You Create and Ideas You Submit
You retain ownership of your data and User Contributions. You grant us the rights necessary to provide and improve the Services, subject to our confidentiality obligations and Privacy Notice.
Idea submissions are voluntary and non-confidential, and you grant us a perpetual, irrevocable, royalty-free license to use them without compensation unless a separate written agreement states otherwise.
Copyright and DMCA
If you believe content infringes your copyright, send a DMCA notice to our Copyright Agent:
Your notice must include your physical or electronic signature, identification of the work infringed, identification of the infringing material and its location, your contact information, a statement of good-faith belief that use is unauthorized, and a statement under penalty of perjury that the notice is accurate and you are authorized to act.
If you believe your removed content is not infringing, send a counter-notice with your signature, identification of the removed content and its prior location, a good-faith statement that removal was a mistake or misidentification, your contact details, and a statement consenting to jurisdiction. We may restore content at our discretion unless the complainant files an action.
We may limit or terminate accounts of repeat infringers.
Third-Party Content
Content provided by third parties is their responsibility and does not necessarily reflect our views. We are not responsible for its accuracy or legality.
Links to Other Websites
Links are provided for convenience only. We do not control or endorse third-party sites and are not responsible for any loss or damage from your use of them. Your use is at your own risk and subject to those sites’ terms and privacy notices.
Disclaimer
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THE INHERENT INSECURITY OF THE INTERNET AND TELECOM NETWORKS AND AGREE WE ARE NOT RESPONSIBLE FOR INTERCEPTION OR LOSS OF DATA IN TRANSIT. YOUR USE OF THE PLATFORM AND ANY DOWNLOADS ARE AT YOUR OWN RISK.
Limitation of Liability, Indemnification, and Mitigation
To the maximum extent permitted by law, your exclusive remedy for any claim related to the Platform or Services is the amount you paid us for the relevant Services in the three months before the event giving rise to liability.
In no event will Addvise Consulting be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility.
You agree to defend, indemnify, and hold harmless Addvise Consulting and the Addvise Team from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your or your Clients’ use of the Platform or Services, your content or data, your breach of these Terms or law, taxes or surcharges related to your activities, disputes between you and your Clients or other users, and your communications and consent practices.
If any Service is claimed to infringe intellectual property rights, we may obtain rights for continued use, modify or replace the Service, or require you to cease use.
Limitation on Time to File Claims
Any claim must be brought within three months after the event giving rise to the claim, or it is permanently barred.
Injunctive Relief
Breach of these Terms may cause irreparable harm. We may seek equitable relief without posting a bond.
Waiver and Severability
Failure to enforce any provision is not a waiver. If any provision is held invalid, the remainder remains in effect.
Entire Agreement
These Terms and our Privacy Notice are the entire agreement unless you have a separate signed agreement with Addvise Consulting, which will control in case of conflict.
Term and Termination
These Terms apply while you use the Platform or Services. Provisions intended to survive will do so, including Sections 3, 7, 11, 14, 17, and 21 through 31.
a. We may suspend or terminate access for any reason, with or without notice. b. Upon termination, your right to use the Services ends immediately. c. To cancel, provide written notice at least 30 days before your next billing date. d. If you obtained access through a third party, contact that provider to manage your subscription.
Governing Law, Binding Arbitration, and Class Action Waiver These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules.
Any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The Federal Arbitration Act governs this provision. Venue is Dallas, Texas. Judgment on the award may be entered in any court of competent jurisdiction.
All disputes must be brought in an individual capacity and not as a class or collective action.
Security Testing and Bug Bounties We do not authorize penetration testing or security assessments without a separate written agreement. We do not pay bug bounties.
Miscellaneous a. Your privacy obligations. If you provide Platform access to Clients, publish and enforce your own privacy notice that meets or exceeds protections in our Privacy Notice and obtain required consents. b. International use. Accessing the Platform outside the United States is at your own risk; you are responsible for compliance with local laws, including taxes. c. Force majeure. We are not liable for delays or failures due to events beyond our reasonable control. d. Notices to Addvise Consulting. Send all legal notices by email to [email protected] and by mail to 17350 State Hwy 249 Ste 220-22950, Houston, TX 77064.
Communications and Contact Information If you no longer wish to receive marketing communications from Addvise Consulting, use the unsubscribe link provided in those messages or email [email protected].
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