TeRMS AND CONDITIONS - Software access agreement

1. Introduction
This Software Access Agreement ("Agreement") is made between Caitilin Greig ("the Service Provider") and the purchaser ("the Client"). By completing checkout and ticking the acceptance box, the Client agrees to these Terms & Conditions. This Agreement governs the Client’s access to and use of the software platform provided via a private subaccount managed by the Service Provider.

2. Scope of Access
The Client is granted access to a private subaccount within the platform. The specific inclusions of the plan purchased — such as support levels, onboarding, user limits, and payment terms — are as described on the checkout or associated offer page at the time of purchase, which form part of this Agreement.
The Service Provider does not control which features are added, modified, or removed by the third-party platform provider.

3. Fees, Billing & Renewal

The Client agrees to pay the fees specified at checkout.

Payments may be monthly or annual, depending on the plan selected.

This Agreement automatically renews on the same billing cycle unless either party provides written notice of termination at least 14 days before renewal.

All payments are non-refundable once made, except where required by law. No partial refunds will be issued.

Usage-based charges (such as SMS, email, or AI costs billed through the platform) are the Client’s responsibility and are not included in the subscription fee.

4. Licensing & Platform Ownership

The Service Provider retains administrative ownership of the platform and its subaccounts.

The Client receives a non-transferable, non-sublicensable right to access and use their subaccount during the term of this Agreement, for internal business purposes only.

This access does not grant any rights to the underlying software, source code, or infrastructure.

Continued access is conditional on timely payment of fees and adherence to this Agreement.

5. Support & Communication

Support entitlements (such as monthly support calls) are as described on the checkout page at the time of purchase.

For basic technical issues such as login problems or access errors, the Client may contact the Service Provider by email. Responses will be provided within 48 business hours.

Additional support or services outside the agreed plan may be offered separately or billed additionally.

By entering into this Agreement, the Client agrees to receive service-related communications (e.g., onboarding, platform updates, billing notices, and support messages) by email or electronic means. These communications are necessary to deliver the services and cannot be unsubscribed from.

6. Termination, Suspension & Non-Payment
6.1 Mutual Termination – Either party may terminate this Agreement with at least 14 days’ written notice.
6.2 Suspension for Breach/Non-Payment – The Service Provider may suspend or terminate access immediately if payment is not received or if the Client breaches this Agreement.
6.3 Data Access on Termination – Upon termination, the Client’s access will end. The Client may request a data export within 30 days, provided all outstanding fees have been paid. After 30 days, data may be permanently deleted.
6.4 Final Payments – Any unpaid fees for services delivered up to termination remain due and payable.
6.5 Discontinuation by Service Provider – If the Service Provider discontinues operations or can no longer provide access to the platform, the Client will be given at least 14 days’ notice where reasonably possible.

7. Confidentiality, Data & Portfolio Use

Mutual Confidentiality – Both parties agree to keep confidential all proprietary or sensitive information shared during this Agreement (“Confidential Information”).

Client Data Ownership – All data, content, branding, and intellectual property provided by the Client remain the Client’s property.

Service Provider IP – Any templates, workflows, frameworks, or other intellectual property owned by the Service Provider remain the Service Provider’s property, even if customised for the Client. These may be reused with other clients.

Permitted Sharing – The Service Provider may share Confidential Information with employees, contractors, or authorised providers where necessary to deliver the services.

Portfolio Use – The Service Provider may showcase non-sensitive deliverables created under this Agreement (such as funnels, websites, or automation structures) in portfolios, case studies, or marketing materials, provided no personal data or commercially sensitive information is disclosed. The Client may request exclusion from such use by notifying the Service Provider in writing.

Data Retention – The Service Provider is not obliged to retain Client data for more than 30 days after termination, after which it may be permanently deleted.

Platform Provider Policies – All data hosted within the platform is subject to the privacy and security policies of the platform provider (currently GoHighLevel). The Service Provider is not responsible for the platform provider’s actions, omissions, or security.

Client Responsibility – The Client is solely responsible for compliance with data protection and privacy laws (including GDPR) in their use of the platform, and for the lawful collection, storage, and processing of data within their subaccount.

8. Intellectual Property
8.1 The Service Provider retains ownership of all intellectual property it develops or provides, including but not limited to templates, frameworks, resources, and tools, even if customised for the Client.
8.2 Such materials may not be copied, sublicensed, or redistributed without written permission.
8.3 Client-provided content remains the Client’s property, and nothing in this Agreement transfers ownership of such materials.

9. Limitations of Liability

The Service Provider is not liable for downtime, outages, feature changes, or performance issues caused by the third-party platform provider, including its security or data handling.

The Client is solely responsible for lawful use of the platform.

To the fullest extent permitted by law, the Service Provider excludes all implied warranties and shall not be liable for indirect, incidental, or consequential damages, including loss of business or revenue.

10. Indemnity
The Client agrees to indemnify and hold harmless the Service Provider from any claims, losses, or expenses arising from:

The Client’s misuse of the platform;

Violation of law or third-party rights;

Breach of this Agreement.

11. Force Majeure
Neither party will be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, or regulatory changes.

12. Disclosures

This Agreement is structured as a rolling subscription and may evolve as services develop. Plan inclusions, support formats, and pricing may be updated with reasonable notice.

The Service Provider is not responsible for the actions, data, or results generated by the Client using the platform.

The Client acknowledges that no verbal statements outside this Agreement form part of the contract.

13. Governing Law
This Agreement is governed by the laws of Northern Ireland, without prejudice to the consumer rights of clients in their home jurisdiction. Both parties agree to attempt informal resolution of disputes before pursuing formal action.

14. Updates to Terms

The Service Provider may update these Terms & Conditions from time to time to reflect changes in services, pricing, or business practices. The most current version will always be available at the link provided on the checkout page. Continued use of the services after updates constitutes acceptance of the updated Terms.

15. Survival
Any provisions of this Agreement which by their nature should survive termination (including but not limited to confidentiality, intellectual property, limitations of liability, indemnity, data portability, and governing law) shall remain in effect after termination or expiry of this Agreement.

16. Prohibited Use
The Client must not use the platform for any unlawful purpose, to send unsolicited bulk communications (spam), or in any way that could damage, disable, or impair the platform or Service Provider’s reputation.