Please read these Terms of Service carefully. Once accepted, these Terms of Service, together with our Privacy Policy (collectively, the “Terms”), become a binding legal agreement between you (or the business entity you represent) and Geraldine Enterprises LLC, DBA GoLevely, and its respective officers, directors, successors, and assigns (“GoLevely,” “we,” or “us”), and govern your access to and use of the Platform and all other interactions with GoLevely related to the Platform.
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 and any additional agreements incorporated herein by reference, these Terms shall prevail.
Geraldine Enterprises LLC, DBA GoLevely 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 of 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. You must be at least 18 years old to use our Platform and services.
1. Use of Platform
1.1. Age Restrictions.
You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 (a “Minor”) to use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks and liabilities resulting from the Minor’s use; (iii) ensure the content is suitable for the Minor; (iv) ensure all information submitted is accurate; and (v) provide the consents, representations, and warranties contained in these Terms on the Minor’s behalf. The person who accepts these Terms is the owner of the Platform Account; if you accept on behalf of a business entity, the business entity is the owner.
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. 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. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1.3. Intended Use.
You may use the Platform only as intended, for lawful purposes, and in accordance with these Terms. You agree that you will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. You represent and warrant that: (i) you will maintain all licenses, permissions, authorizations, and consents necessary to carry out your obligations under these Terms; (ii) you are fully responsible for your actions and the actions of your employees, agents, and customers in connection with the Platform; (iii) you will not misrepresent the Platform or the Services; (iv) you own or control all rights in and to all content you provide to GoLevely; and (v) you will be solely responsible for the quality and integrity of any data or information you make available to us through the Platform.
1.4. Privacy.
By using the Platform and providing Information on or through the Platform, you consent to GoLevely’s use and disclosure of that Information in accordance with our Privacy Policy, incorporated herein by reference. You agree that GoLevely has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained the necessary permissions and consents to provide any data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
1.5. Login Credentials.
You are responsible for maintaining the confidentiality of your Login Credentials and for all uses of your Platform Account, whether or not authorized by you. You agree to notify GoLevely immediately of any unauthorized access to or use of your Platform Account or any other breach of security. GoLevely reserves the right to disable your Login Credentials at any time in its sole discretion. Platform Accounts are non-transferable.
1.6. Use of Communication Services.
The Platform may include communications features such as SMS, MMS, email, and voice. If you use these features, you agree that you are exclusively responsible for all communications sent, including compliance with all applicable laws such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. GoLevely is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. You control the message, timing, sending, fraud prevention, and call blocking, and all such communications are created and initiated by you.
1.7. Third Party Services.
The Platform may leverage or include access to Third Party Services. GoLevely is not responsible for the usability or accessibility of Third Party Services. If you pause or delete some or all of your Platform Account, certain features or functionality may not be retrievable upon reactivation. GoLevely disclaims all liability related to outages or downtime of Third Party Services.
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 those of the third party. GoLevely is not responsible for Third Party Content and makes no endorsements, representations, or warranties regarding it.
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 any copyright, trademark, or other intellectual property concerns connected with your customized look and feel. GoLevely may remove any of your modifications at any time without advance notice and without liability to you.
1.10. Platform Updates.
GoLevely reserves the right to make updates or changes to the Platform at any time, 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 GoLevely’s delivery or release of any future functionality or feature.
1.11. International Use.
If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. GoLevely makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws.
2. Prohibited Uses
The following are Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which GoLevely may immediately suspend or terminate your Platform Account:
- Using the Platform in any way that violates any applicable law or regulation.
- Using the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
- Using the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
- Using the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation.
- Impersonating or attempting to impersonate GoLevely, a GoLevely employee, another user, or any other person or entity.
- Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that may harm GoLevely or its users or expose them to liability.
- Using the Platform in any manner that could disable, overburden, damage, or impair it, or interfere with any other party’s use.
- Using any robot, spider, or other automatic device, or any manual process, to monitor or copy material on the Platform without GoLevely’s prior written consent.
- Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform or any server or database connected to it, including via any denial-of-service attack.
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, which you will pay and which may be shown as a separate line item on an invoice. All Fees and Communication Surcharges are nonrefundable. Fees will be billed to the payment method on file, in advance of Services. You agree to provide accurate and complete billing information and to notify us of any changes within 10 days.
b. Invoicing and Stored Payment Method.
For ongoing or active client work, we will send you invoices for the Services we provide. You are required to pay your first invoice manually. By paying your first invoice, you authorize GoLevely to securely store your payment method (your “card on file”) and to charge it for future invoices as described in this section.
For each invoice after the first, we will send you the invoice and you will have five (5) days to review it before we automatically charge your card on file. If you would like to update your card on file, or if you have any questions or concerns about an invoice, you must notify us at [email protected] within that five (5) day review period. If we do not hear from you within five (5) days, the invoice will be charged to your card on file. This authorization remains in effect until you cancel the applicable Services or notify us in writing to remove your card on file.
c. Noncancellable Fees.
Some subscriptions for Services require a non-cancellable minimum commitment that cannot be canceled until fulfilled. Fees for such commitments will continue to be applied to your bill until the minimum commitment has been achieved.
d. Taxes.
You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform. GoLevely may collect Taxes from you as part of the Fees as legally required or as GoLevely deems appropriate. You will indemnify GoLevely for all claims related to Taxes associated with your activities on the Platform. Taxes are nonrefundable.
e. Overdue Amounts.
If your payment method declines or refuses payment for Services purchased, we may suspend or terminate your use of the Platform and require payment by other acceptable means. If legal action is necessary to collect balances due, you agree to reimburse us for all expenses incurred, including reasonable attorneys’ fees.
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 you wish to dispute. You must pay all invoiced Fees while the dispute is pending or you waive the right to pursue the dispute. You must act reasonably and in good faith to resolve the dispute.
g. No Refunds or Credits.
Except as required by law, all Fees assessed by GoLevely are non-refundable. GoLevely does not provide Fee refunds or credits for errors or omissions, or for partially used or unused subscriptions. If you sign up for a subscription but do not access the Service, you remain responsible for all Fees during the term. GoLevely reserves the right to issue or deny a refund or credit in its sole discretion.
h. Cancellations.
You are solely responsible for cancelling Services associated with your account, and you will be responsible for all Fees incurred until cancellation occurs. No refunds will be provided for your failure to properly cancel.
i. Your Responsibility for Financial Transactions.
You are solely responsible for all financial transactions you and your customers engage in on the Platform, including those conducted using billing tools enabled by the Services, and for all chargebacks related to those activities, regardless of the reason.
4. Consultation Calls: Cancellations, Rescheduling, and No-Shows
This section applies to paid calls and appointments only, including one-time paid consultation calls, hourly calls or sessions booked by active clients, and the set number of calls included in a Jumpstart or other call-based package. It does not apply to complimentary (free) strategy calls.
- Fees are non-refundable. Payment for a paid call is due at the time of booking and is non-refundable, except as required by law.
- Free rescheduling with 24+ hours’ notice. You may reschedule a paid call at no additional charge by giving at least twenty-four (24) hours’ notice before the scheduled start time. A call rescheduled with proper notice is not treated as a missed call.
- Late reschedules, cancellations, and no-shows. If you reschedule with less than 24 hours’ notice, cancel, or fail to attend a scheduled paid call (a “no-show”), you remain responsible for the full fee for that call and no refund or credit will be issued.
- Jumpstart and other call packages. For clients on a Jumpstart or other package that includes a set number of calls, any call you reschedule with less than 24 hours’ notice, cancel, or do not attend will count as one completed (“showed”) call and will be deducted from your remaining call allotment.
- Joining your call. It is your responsibility to join scheduled calls on time using the details provided. GoLevely is not responsible for your failure to attend, including as a result of late arrival, incorrect time zone, connectivity issues on your end, or missed reminders.
5. SMS / Text Messaging
When you provide your mobile phone number and opt in, you agree to receive text messages from Geraldine Enterprises LLC, DBA GoLevely.
- You can cancel at any time by replying STOP to any message you receive from us. After you reply STOP, we will send one confirmation message and will not send any further SMS messages unless you opt in again.
- For help, reply HELP to any message or contact us at [email protected].
- Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. For questions about your text or data plan, contact your wireless provider.
- For privacy-related inquiries, please refer to our Privacy Policy.
Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors who provide support services, such as customer service and message delivery, is permitted solely to carry out the services you request. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
6. Intellectual Property
5.1. Platform Content.
The Platform and Platform Content are the property of GoLevely or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below. GoLevely 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 its intended purpose. Any other use, including reproduction, modification, distribution, republication, or display of Platform Content without prior permission of GoLevely, is strictly prohibited.
5.2. GoLevely Marks.
GoLevely Marks are trademarks and service marks of GoLevely and may not be used without advance written permission, including in any manner likely to cause confusion or that disparages or misrepresents GoLevely. You may not remove any GoLevely Marks or other proprietary notices placed on or near the Platform or Platform Content. Other product or company names mentioned on the Platform may be trademarks of their respective owners.
5.3. User Contributions.
User Contributions are considered non-confidential and non-proprietary. You grant GoLevely, our service providers, and their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions for any purpose. GoLevely is not responsible or liable to any third party for the content or accuracy of any User Contributions, and may remove any User Contributions it deems to violate these Terms at any time. You represent and warrant that you own or control all rights in your User Contributions and that they comply with these Terms.
5.4. Prohibited User Contributions.
You are prohibited from posting User Contributions that: (i) are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, or invasive of another’s privacy, or include graphic sexual or violent content; (ii) victimize, harass, degrade, or intimidate an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) infringe any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right; or (iv) compromise or attempt to gain unauthorized access to secured areas of the Platform.
5.5. Feedback.
If you provide Feedback, you agree that your submission is voluntary, non-confidential, and gratuitous, and GoLevely has no obligation to use it. You grant GoLevely and its designees a perpetual, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use any Feedback without restriction, payment, or attribution. You represent that the Feedback is your own original work and that you have all necessary rights to disclose it.
5.6. Copyright; Digital Millennium Copyright Act.
If you believe your copyrights have been infringed by content on our Platform, please notify us. We will process and investigate notices of alleged infringement and take appropriate action under the Digital Millennium Copyright Act (“DMCA”). A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”) and mailed to our designated copyright agent below. To be effective, the notification must include the information required under 17 U.S.C. § 512(c)(3), including a description of the work claimed to be infringed, identification of the infringing material and its location, your contact information, a good-faith statement, and a statement under penalty of perjury that the information is accurate and that you are authorized to act.
Geraldine Enterprises LLC
ATTN: Copyright Agent
1150 NW 72nd Ave, Tower 1, Ste 455 #11302
Miami, FL 33126
7. 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.
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 OBTAINED FROM 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 NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, GoLevely IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. 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 during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL GoLevely 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 THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold GoLevely harmless against all demands, claims, actions, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or connected with: (a) your use of the Platform; (b) any breach of these Terms by you, your employees, agents, or customers; (c) any negligence or willful misconduct by you or your employees, agents, or customers; (d) misrepresentations or violations of applicable law by you or your employees, agents, or customers; (e) your notice and consent obligations regarding the origination or content of SMS, MMS, email, or other communications using the Services; (f) Taxes and other Fees; and (g) any disputes between you and other users or your customers.
9. 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; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
10. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to GoLevely for which monetary damages would not be an adequate remedy, and GoLevely shall be entitled to seek equitable relief, in addition to any remedies it may have at law, without having to post a bond or other security.
11. Waiver and Severability
No waiver by GoLevely of any 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 GoLevely 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 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 will continue in full force and effect.
12. Change of Control
GoLevely may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without GoLevely’s prior written consent, which may be withheld in GoLevely’s sole discretion.
13. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement between you and GoLevely with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties. These Terms may not be altered, supplemented, or amended except by a document signed by an authorized representative of GoLevely. GoLevely may enter into a separate agreement with you; to the extent of a conflict between these Terms and such a separate signed agreement, the separate agreement will control.
14. Term and Termination
These Terms remain in full force and effect so long as you maintain a Platform Account. The sections intended to survive termination will remain binding even after you are no longer a Platform user.
a. Grounds for Termination.
GoLevely, in its sole discretion, may suspend or terminate your access to the Platform (or any part of it) for any reason, with or without notice, and without liability to you or any third party. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access and reporting you to the proper authorities. GoLevely reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.
b. No Right to Services Upon Termination.
Upon termination, regardless of the reason, your right to use the Platform will immediately cease. GoLevely is not liable to you or any third party for any claims arising out of any termination or suspension.
c. How to Terminate or Make Adjustments.
If you would like to terminate your access to the Platform or make adjustments, GoLevely requires written notice at least 30 days before your next billing date.
d. Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay arising from any event beyond our reasonable control, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, and governmental act or regulation.
15. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Florida will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws. Any controversy or claim arising out of or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Miami, Florida. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
16. Communications and Contact Information
All notices to a party shall be in writing and made via email. Notices to GoLevely must be sent to [email protected]. You agree to allow us to submit notices to you through the email address you provided when registering or any address we have on record. Notices are effective on receipt.
GoLevely will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from GoLevely, do not respond and notify us at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or these Terms, please contact us at [email protected] or by mail at:
Geraldine Enterprises LLC
1150 NW 72nd Ave, Tower 1, Ste 455 #11302
Miami, FL 33126
17. Definitions
“Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
“Feedback” means ideas you provide to GoLevely regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or GoLevely’s business.
“Fees” means any fees associated with the Platform, including subscription fees and any fees associated with add-on Services you may purchase.
“GoLevely Marks” means the GoLevely name and related logos and service marks of GoLevely.
“Information” means data about you and your customers that GoLevely collects on the Platform, including information required to create a Platform Account and use the Platform.
“Login Credentials” means the username and password used to access your Platform Account.
“Platform” means any Services, training, content, functionality, communication channels, and software or other services or features offered by GoLevely on or through its website or applications.
“Platform Account” means the account you created in order to access and use the Platform.
“Platform Content” means content, data, features, and functionality, including text, graphics, videos, logos, icons, databases, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
“Prohibited Uses” means the behaviors described in Section 2.
“Services” means the variety of products, integrations, and services that GoLevely makes available on the Platform. Services may include Third Party Services.
“Third Party Content” means content, promotions, or offers provided by third parties, or links to external third-party websites, that may be accessible on the Platform.
“Third Party Services” means any services owned and provided by a third-party vendor that GoLevely makes available to you on or through the Platform.
“Training” means any training, information, or suggested usages conveyed by GoLevely about the Platform.
“User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to GoLevely directly.
“You” means the individual who accepted these Terms or the business entity that the individual represents, including any agents, employees, or third parties authorized to act on your behalf.