Company Policy

1. Terms of Service

This Master Service Agreement ("Agreement") is entered into between EliteLeadGrow LLC ("Company," "we," "us," or "our"), a Delaware limited liability company, and the subscribing individual or entity ("Client," "you," or "your"). By accepting this Agreement, you acknowledge that you have the authority to bind your organization and agree to be bound by all terms herein.

1.1 Scope of Services. The Company shall provide AI-powered outbound infrastructure services including but not limited to: AI Receptionist, AI Outbound Caller, AI Follow-Up Agent, AI Appointment Setter, real-time analytics dashboards, CRM integrations, multi-channel communication management, lead qualification and scoring, and any additional modules included in your plan.

1.2 Client Obligations. You agree to: (a) provide accurate and complete business information during onboarding; (b) maintain current contact and billing details; (c) cooperate in the implementation and calibration of AI systems; (d) not misrepresent the nature of your business or communications; (e) comply with all applicable federal, state, and local laws including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state telemarketing regulations; (f) obtain all necessary consents from recipients before AI-initiated communications.

1.3 Service Modifications. We reserve the right to modify, update, or discontinue any feature of the service at any time with 30 days' written notice. Continued use of the service after such modifications constitutes acceptance of the updated terms.

1.4 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and any access tokens. You must immediately notify us of any unauthorized access to your account.

2. Payment Terms

2.1 Billing Cycles. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Annual subscriptions are billed as a single lump-sum payment or in monthly installments if BNPL is selected. Your subscription automatically renews at the end of each billing period unless cancelled in writing at least 30 days before the renewal date.

2.2 Auto-Renewal. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE. By subscribing, you authorize recurring charges to your payment method on file. You may cancel auto-renewal at any time, but cancellation takes effect at the end of the current billing period.

2.3 Late Payments. Payments not received within 7 days of the due date will incur a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts more than 15 days past due without additional notice.

2.4 Price Changes. We may adjust pricing with 60 days' advance written notice. Continued use of the service after a price change constitutes acceptance of the new pricing. Annual subscribers are locked into their rate for the duration of their current term.

2.5 Taxes. All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, GST, and other taxes arising from this Agreement, excluding taxes based on our net income.

2.6 Overage Charges. Usage exceeding your plan limits will be billed at the overage rate specified in your plan addendum. We will provide notification when you reach 80% and 100% of your usage limit.

3. No-Refund Policy

ALL SALES ARE FINAL. By subscribing to any EliteLeadGrow service plan, you acknowledge and agree that:

• No refunds will be issued under any circumstances once your subscription has been activated and onboarding has commenced, regardless of usage, satisfaction, or business changes on your end.
• No partial refunds will be provided for unused portions of any billing period, whether monthly or annual.
• No pro-rated refunds will be issued for cancellations made mid-cycle. If you cancel your subscription, you retain access to the service until the end of the current billing period, but no monetary refund will be provided.
• No refunds for downgrades. If you downgrade your plan, the new pricing takes effect at the start of the next billing cycle. No refund or credit is issued for the difference.
• No refunds for service outages unless covered under the SLA provisions in Section 7.
• No exceptions. This no-refund policy applies universally and without exception, including but not limited to: dissatisfaction with results, change in business direction, merger or acquisition, bankruptcy or insolvency, personnel changes, or failure to use the service.

The 3× ROI Guarantee referenced in marketing materials is a separate commitment measured over a 90-day period with specific performance benchmarks and is subject to its own terms and conditions. The ROI Guarantee does not override or modify this No-Refund Policy for general cancellations.

4. No-Chargeback Policy

4.1 Chargeback Prohibition. By accepting this Agreement, you expressly agree NOT to initiate any chargeback, payment dispute, or reversal with your credit card company, bank, payment processor, or any financial institution for any charges related to EliteLeadGrow services. This prohibition applies to all forms of payment including credit cards, debit cards, ACH transfers, wire transfers, and BNPL installments.

4.2 Dispute Resolution First. In the event of a billing dispute, you agree to contact us directly at billing@eliteleadgrow.com before taking any action with your financial institution. We commit to responding to all billing inquiries within 5 business days and resolving legitimate disputes within 15 business days.

4.3 Breach of Contract. Initiating a chargeback in violation of this Agreement constitutes a material breach of contract. In such event, we reserve the right to: (a) immediately terminate your account and all services without notice; (b) pursue collection of all outstanding amounts plus a $500 administrative fee per chargeback; (c) report the chargeback to applicable fraud databases; (d) engage collection agencies for recovery; and (e) pursue legal action for breach of contract, including recovery of attorney's fees and court costs.

4.4 Chargeback Damages. You acknowledge that improper chargebacks cause substantial harm to our business including but not limited to: processing fees, administrative costs, reputational damage with payment processors, and potential loss of payment processing privileges. You agree that the $500 administrative fee is a reasonable estimate of such damages and not a penalty.

5. Buy Now Pay Later (BNPL) Terms

5.1 BNPL Availability. EliteLeadGrow offers installment payment options through third-party BNPL providers including Klarna, Afterpay, and Affirm. BNPL availability is subject to credit approval by the respective provider and may not be available in all jurisdictions.

5.2 Credit Check Consent. By selecting a BNPL payment option, you consent to the BNPL Provider performing a soft or hard credit inquiry as part of their approval process. This may affect your credit score. EliteLeadGrow has no control over the credit decision process and is not responsible for any adverse credit effects.

5.3 Installment Obligations. If approved for BNPL, you are obligated to make all scheduled installment payments regardless of your satisfaction with or continued use of EliteLeadGrow services. Missing installment payments may result in: (a) late fees imposed by the BNPL Provider; (b) interest charges at the BNPL Provider's stated rate; (c) negative impact on your credit score; (d) referral to collection agencies; (e) legal action by the BNPL Provider.

5.4 BNPL and Refunds. The No-Refund Policy applies equally to BNPL transactions. Approval for BNPL does not create any additional refund rights. You remain obligated for the full contracted amount even if you cancel your subscription early.

5.5 Default and Collections. In the event of default on BNPL payments, the BNPL Provider may refer your account to a third-party collection agency. You agree that you will be responsible for all collection costs, including reasonable attorney's fees, incurred in the recovery of amounts owed.

6. Service Level Agreement

6.1 Uptime Commitment. We commit to 99.9% platform availability measured on a monthly basis. Scheduled maintenance windows (communicated 48 hours in advance) are excluded from uptime calculations.

6.2 Response Times. AI response latency target: under 2 seconds. These are targets, not guarantees, and may vary based on network conditions and call volume.

6.3 Support Response. Ticket response times: Critical issues - 1 hour; High priority - 4 hours; Normal - 1 business day; Low - 3 business days.

6.4 SLA Credits. If monthly uptime falls below the committed level, you may request service credits: 99.0–99.5% = 10% credit; 98.0–99.0% = 25% credit; below 98.0% = 50% credit. Credits are applied to the next billing cycle and do not exceed one month's subscription fee.

7. Limitation of Liability

7.1 Cap on Damages. IN NO EVENT SHALL ELITELEADGROW'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

7.2 Exclusion of Consequential Damages. IN NO EVENT SHALL ELITELEADGROW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS.

7.3 Force Majeure. Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet outages, or third-party service failures.

8. Indemnification

You agree to indemnify, defend, and hold harmless EliteLeadGrow, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the services; (b) your violation of this Agreement; (c) your violation of any third-party rights; (d) any content or data you provide through the platform; (e) your violation of any applicable law or regulation.

9. Intellectual Property

9.1 Company IP. All AI models, algorithms, software, platforms, dashboards, reports, documentation, trademarks, and other materials developed by EliteLeadGrow remain our exclusive intellectual property. Your subscription grants a limited, non-exclusive, non-transferable license to use the platform during your active subscription period.

9.2 Client Data. You retain ownership of all data you upload to the platform. You grant us a non-exclusive license to use your data solely for the purpose of delivering the services, improving our AI models, and generating anonymized aggregate analytics.

10. Termination

10.1 Termination by Client. You may cancel your subscription at any time by providing written notice at least 30 days before the next billing cycle. Cancellation takes effect at the end of the current billing period. No refunds will be issued for the remaining period.

10.2 Termination by Company. We may terminate your account immediately and without notice for: material breach of this Agreement; non-payment exceeding 30 days; violation of the Acceptable Use Policy; fraudulent activity; or any use that poses a risk to our platform, other clients, or reputation.

10.3 Effects of Termination. Upon termination: all licenses granted hereunder terminate immediately; you must cease all use of the platform; we will retain your data for 30 days to allow export, after which it may be permanently deleted; any outstanding fees become immediately due and payable.

11. Dispute Resolution & Arbitration

11.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

11.2 Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11.4 Small Claims Exception. Notwithstanding the above, either party may seek relief in small claims court for disputes within that court's jurisdiction.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this Agreement. Confidential information includes but is not limited to: business strategies, client lists, pricing models, technical specifications, trade secrets, AI model configurations, and any information marked as confidential. This obligation survives termination of this Agreement for a period of 3 years.

13. Acceptable Use Policy

You agree not to use the services to: (a) send unsolicited communications in violation of applicable law; (b) transmit malicious code, viruses, or harmful content; (c) attempt to gain unauthorized access to our systems; (d) impersonate any person or entity; (e) engage in any activity that interferes with the services; (f) use the platform for illegal, fraudulent, or deceptive purposes; (g) violate the intellectual property rights of any third party; (h) exceed your plan's usage limits through automated means or abuse.

14. Data Retention & Deletion

We retain your data for the duration of your active subscription plus 12 months after termination for legal compliance and audit purposes. Call recordings are retained for 90 days unless a longer period is required by law or requested by you. Upon written request after termination, we will delete your data within 30 business days, subject to our legal retention obligations. Anonymized and aggregated data may be retained indefinitely for analytics and service improvement purposes.