Terms of Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SME ADVANTAGE LLC, Delaware, USA.
• "Service" refers to the Website and all associated services provided by SME Advantage.
• "Website" refers to SME Advantage, accessible from https://smeadvantage.com.
• "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• "Account" means a unique account created for You to access our Service.
• "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Subscriptions and Billing

Subscription Period

The Service is billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

Free Trial

We offer a 14-day free trial to new users. At the end of the free trial period, You will be charged the applicable Subscription fee unless You cancel Your Subscription before the trial period ends.

Billing and Payment

You shall provide the Company with accurate and complete billing information including full name, address, and valid payment method information. Should automatic billing fail to occur for any reason, the Company may suspend or terminate Your access to the Service.

Cancellation

You may cancel Your Subscription at any time through Your account settings or by contacting Us. Upon cancellation, You will continue to have access to the Service until the end of Your current Billing Cycle. No refunds will be provided for partial Billing Cycles.

Usage-Based Charges

Certain features of the Service, including AI-powered tools, SMS messaging, and phone services, may incur additional usage-based charges. You will be billed monthly for any usage beyond included allowances. Current usage rates are available on our pricing page.

Done-For-You Setup Service

The optional Done-For-You Setup Service is a separate professional service governed by its own terms. See our DFY Service Terms for details.

Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To send unsolicited communications, abuse the messaging features, or engage in practices that violate anti-spam laws including CAN-SPAM and TCPA regulations
• To use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You retain all rights to any Content You submit, post or display on or through the Service. By submitting Content, You grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such Content solely for the purpose of providing the Service.

Third-Party Services

The Service is built on the GoHighLevel platform and may integrate with various third-party services. Your use of these third-party services is subject to their respective terms and conditions.

The Company is not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such third-party services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at info@smeadvantage.com.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: info@smeadvantage.com
• Company: SME ADVANTAGE LLC
• Address: Delaware, USA