Launch Circle / Team Guth Media LLC User Agreement and Terms of Service

Last Updated: 5-19-24

Welcome to Launch Circle, a platform provided by Team Guth Media LLC. This User Agreement and Terms of Service ("Agreement") governs your use of the Launch Circle platform and services ("Services"). By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.

1. Definitions

1.1 "Company" refers to Team Guth Media LLC, doing business as Launch Circle.

1.2 "User" refers to any individual or entity using the Services.

1.3 "Services" refers to the software-as-a-service (SaaS) platform provided by the Company, including all features, applications, and tools available through the platform, as well as additional services such as video editing, web design, courses, and mentorship programs.

2. Account Registration

2.1 To use the Services, Users must register for an account and provide accurate, complete, and current information.

2.2 Users are responsible for maintaining the confidentiality of their account information, including their password.

2.3 Users agree to notify the Company immediately of any unauthorized use of their account.

3. Use of Services

3.1 Users may use the Services for lawful purposes only and in accordance with this Agreement.

3.2 Users agree not to:

- Use the Services in any manner that could disable, overburden, damage, or impair the Services.

- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.

- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

4. Intellectual Property

4.1 The Company owns all rights, title, and interest in and to the Services, including all intellectual property rights.

4.2 Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes.

5. Fees and Payment

5.1 Users agree to pay all fees associated with their use of the Services as described in the subscription plan they select and any additional fees outlined below.

5.2 All fees are non-refundable except as otherwise provided in this Agreement or required by law.

5.3 The Company reserves the right to change its fees and payment policies at any time, with notice to Users.

5.4 Subscriptions will be billed on or close to the date of sign-up each month until canceled by the user/member.

6. Additional Fees

6.1 Phone System Fees

- Making Calls: $0.028/Min

- Receiving Calls: $0.017/Min

- Text Messages: $0.0158/Segment

6.2 Email Fees

- $0.0007/ Per Email

6.3 LC Premium Workflow Triggers and Actions

- $0.02/ Workflow Premium Actions

6.4 Email Verification Fees

- $0.0026/ Email Verification

6.5 Content AI Fees

- $0.18/ Per 1000 Words

- $0.12/ Per Image

6.6 Workflow AI Fees

- $0.06/ GPT 4 Executions

- $0.03/ GPT 3.5 Executions

6.7 Conversation AI Fees

- $0.04/ Per Message

6.8 WhatsApp Conversation Fees

- $0.148/ Per WhatsApp Conversation

6.9 Reviews AI Fees

- $0.16/ Per Review Response

7. Membership and Cancellation

7.1 Launch Circle provides memberships on a month-by-month basis. Members can cancel at any time.

7.2 Users will lose access to the Launch Circle platform upon discontinuation of their membership and/or non-payment.

7.3 Members can cancel their membership by emailing us at [email protected].

7.4 All fees paid are non-refundable.

8. No Refund Policy

8.1 All fees paid to the Company are non-refundable. Users are responsible for any charges incurred up to the point of cancellation.

8.2 The Company does not provide refunds or credits for any partial subscription periods or unused Services.

9. Third-Party Services

9.1 The Company may provide tools and integrations with third-party services. Users acknowledge that:

- The Company is not responsible for the performance, accuracy, or reliability of any third-party services.

- Use of third-party services is at the User's own risk and subject to the terms and conditions of those third parties.

10. Data Security and Privacy

10.1 The Company employs measures to protect User data. However, Users are responsible for maintaining the security of their account and any data they store or transmit using the Services.

10.2 The Company’s Privacy Policy outlines how User data is collected, used, and protected.

11. User Content and Responsibility

11.1 Users are responsible for the content they create, upload, and distribute through the Services.

11.2 The Company is not liable for any user-generated content that violates any laws or third-party rights.

12. Compliance with Laws

12.1 Users agree to comply with all applicable local, state, national, and international laws and regulations in connection with their use of the Services.

13. Indemnification

13.1 Users agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:

- Their use of the Services.

- Violation of this Agreement.

- Any third-party services or content.

14. Limitation of Liability

14.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

- The User's use of or inability to use the Services.

- Any unauthorized access to or use of the Company's servers.

- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party.

15. Force Majeure

15.1 The Company shall not be liable for any failure or delay in its performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, or other force majeure events.

16. Service Descriptions and Scope

16.1 The Company provides video editing and web design services. The scope of these services will be defined in individual agreements with clients.

16.2 The Company reserves the right to determine the methods and processes used to deliver these services.

17. Client Responsibilities

17.1 Clients must provide all necessary materials, information, and access needed for the Company to perform video editing and web design services.

17.2 Clients are responsible for ensuring that all content provided to the Company complies with applicable laws and does not infringe any third-party rights.

18. Approval and Revision Process

18.1 The Company will provide clients with opportunities to review and approve work at specified stages.

18.2 Revisions may be requested according to the terms outlined in the individual service agreements.

19. Ownership and Rights

19.1 Upon full payment, clients will own the final deliverables produced by the Company, subject to any underlying third-party rights.

19.2 The Company retains the right to use non-confidential portions of the work for promotional purposes.

20. Warranties and Disclaimers

20.1 The Company warrants that it will provide the services in a professional and workmanlike manner.

20.2 Except as expressly stated in this Agreement, the Company disclaims all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

21. Limitation of Liability for Services

21.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, resulting from the video editing and web design services provided.

22. Termination of Services

22.1 Either party may terminate the service agreement for convenience with [X] days' notice.

22.2 The Company may terminate the service agreement immediately for cause if the client breaches any material term of this Agreement.

23. Governing Law and Dispute Resolution

23.1 This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of law principles.

23.2 Any disputes arising out of or relating to this Agreement or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

24. Courses and Mentorship Programs

24.1 The Company offers courses and mentorship programs as part of the Services. The scope and content of these programs will be defined on the platform.

24.2 The Company reserves the right to modify or discontinue any course or mentorship program at any time.

25. No Guarantee of Success

25.1 The Company does not guarantee any specific results or success from participation in its courses or mentorship programs.

25.2 Users acknowledge that success depends on various factors, including individual effort and circumstances.

26. Protection of Educational Intellectual Property

26.1 All content provided in the courses and mentorship

programs, including but not limited to text, videos, graphics, and course materials, is the intellectual property of the Company.

26.2 Users are granted a limited, non-exclusive, non-transferable license to access and use the content for personal educational purposes only.

26.3 Users agree not to reproduce, distribute, or create derivative works from any content provided in the courses and mentorship programs without the Company’s express written consent.

27. Changes to the Agreement

27.1 The Company reserves the right to modify this Agreement at any time. The Company will provide notice of changes through the Services or by other means.

27.2 Continued use of the Services after any such changes shall constitute the User's consent to such changes.

28. Miscellaneous

28.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

28.2 This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Services.

For any questions or concerns regarding this Agreement, please contact us at [email protected].

10785 W. Twain Ave. Suite 229, Las Vegas, NV, 89135

Copyright 2024 Launch Circle/Team Guth Media LLC. All rights reserved.