Terms & Conditions

1. Introduction and Definitions

These Terms and Conditions ("Terms") govern the relationship between GroundLaunch ("GroundLaunch", "we", "us", or "our"), a sole proprietorship operating out of Cambridge, Ontario, Canada, and you, the individual or business entity purchasing or using our Services ("Client", "you", or "your").

The following definitions apply throughout these Terms:

Account — your registered GroundLaunch user account and access credentials.

Client Content — text, images, logos, business information, customer lists, leads, and any other materials you upload to or create within the Platform.

Platform — the GroundLaunch-branded software environment, built on GoHighLevel's white-label infrastructure, provided to you as part of the Services.

Services — the Platform, websites we build for you, business phone numbers, SMS/MMS messaging, voice calling, automations, CRM tools, review management tools, and any other product or service we make available to you under your Subscription.

Subscription — your recurring monthly payment arrangement for access to the Services.

2. Eligibility

You must be at least 18 years old, legally able to enter into a binding contract, and operating a lawful business to use the Services. By engaging GroundLaunch, you represent and warrant that all information you provide is accurate and that you have the legal authority to enter into this agreement on behalf of yourself or your business.

3. Services

GroundLaunch provides digital marketing infrastructure and automation services to trades businesses, including but not limited to website design and development, automated follow-up systems, missed-call text-back, review request automation, Google Business Profile optimization, search engine optimization (SEO), CRM access, business phone numbers, and SMS/voice communications via the Platform.

The exact features available to you depend on your Subscription plan as agreed upon at the time of engagement. GroundLaunch may add, modify, or discontinue features from time to time. We will not materially reduce the core functionality of your Subscription without providing reasonable notice.

The Platform is powered by GoHighLevel's white-label infrastructure. By using the Platform, you are also subject to GoHighLevel's terms of service and acceptable use policies, which are incorporated by reference. GroundLaunch is not responsible for changes, outages, or limitations imposed by GoHighLevel on the underlying platform.

4. Subscription and Payment Terms

Services are offered on a month-to-month Subscription basis. Your Subscription fee will be agreed upon prior to the commencement of services and will be billed on a recurring monthly cycle from the date your services go live.

All Subscription fees are billed in advance of the service period. Your Subscription will automatically renew at the end of each billing cycle at the then-current rate until you cancel. Payments are processed through Stripe. By providing a payment method, you authorize GroundLaunch to charge it for all amounts due, including Subscription fees, usage-based charges, and any applicable taxes.

All fees are exclusive of applicable taxes. You are responsible for any sales, use, value-added, goods and services, or similar taxes applicable to your purchase, other than taxes on GroundLaunch's income.

Pricing is subject to change. GroundLaunch will provide at least 30 days' written notice of any price increase, which will take effect at the start of your next billing cycle.

5. Usage-Based Charges

In addition to your monthly Subscription fee, you will incur usage-based charges for phone numbers, SMS/MMS messaging, and voice calling through the Platform. These charges are passed through from GoHighLevel's LC Phone system (powered by Twilio) and are billed at the following standard rates:

A "segment" is up to 160 characters for standard SMS, or up to 70 characters for messages containing special characters or emojis. Messages exceeding one segment are billed per segment used.

Usage charges are billed via a digital wallet system. When your wallet balance falls below the auto-top-up threshold, your payment method on file will be charged automatically to replenish the wallet. You are responsible for ensuring your wallet maintains sufficient funds. GroundLaunch is not responsible for failed or undelivered messages resulting from an insufficient wallet balance.

Usage-based rates are subject to change as a result of changes imposed by GoHighLevel, Twilio, or mobile carriers. GroundLaunch will provide reasonable notice of any rate changes where possible.

6. No Refund Policy

All payments made to GroundLaunch are final and non-refundable, including monthly Subscription fees, usage-based charges, and any one-time setup fees. By signing up, you acknowledge that our Services are custom-built and initiated upon payment, and that fees are earned upon delivery of the agreed scope of work.

GroundLaunch reserves the right, at its sole discretion, to issue partial or full refunds in exceptional circumstances. Any such refund is a goodwill gesture and does not constitute a waiver of this policy or an obligation to provide refunds in future circumstances.

7. No Chargebacks

You agree not to initiate a chargeback, payment reversal, or dispute with your bank or card issuer for Services rendered. Filing a chargeback for delivered Services constitutes a material breach of these Terms. In the event of a chargeback, GroundLaunch reserves the right to:

— Submit evidence of contract acceptance, Platform usage, and service delivery documentation to your card issuer or payment processor.

— Immediately suspend or terminate your Account and access to all Services.

— Pursue recovery of the disputed amount plus any associated administrative, legal, or collection costs incurred.

If you have a concern about a charge, you agree to contact GroundLaunch directly at [email protected] before initiating any dispute with your financial institution.

8. Cancellation Policy

There is no fixed-term contract. You may cancel your Subscription at any time by providing written notice to GroundLaunch via email. Upon cancellation, your Services will remain active until the end of the current billing period. No refunds will be issued for unused days within a paid billing period.

GroundLaunch also reserves the right to terminate your Subscription at its discretion, with reasonable written notice provided to you, except in cases of material breach, non-payment, or conduct that creates legal or reputational risk for GroundLaunch, in which case termination may be immediate.

9. Payment Failures and Suspension

If a scheduled payment fails, GroundLaunch will attempt to process the payment again. If the balance remains unpaid 48 hours after the first failed attempt, your Account and access to the Platform and all Services may be suspended until the outstanding balance is paid in full. If the balance remains unpaid for 30 days following the initial failed payment, GroundLaunch may terminate your Account and archive or delete your Client Content. Suspension does not relieve you of the obligation to pay any outstanding fees.

10. Intellectual Property and Platform Access

10.1 GroundLaunch's Intellectual Property

The Platform, website templates, automation workflows, system configurations, marketing materials, and all underlying technology and infrastructure provided as part of the Services are owned by or licensed to GroundLaunch. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform and Services solely for your internal business purposes during the term of your active Subscription. All rights not expressly granted are reserved.

10.2 Access Upon Cancellation

All websites, automation systems, platform access, digital assets, and configurations built and maintained by GroundLaunch are provided as part of an ongoing managed service. Upon cancellation or termination of your Subscription for any reason, your access to all Services — including your website, CRM, automation workflows, phone numbers, and the Platform — will be deactivated at the end of the final billing period. No source code, templates, workflows, or system configurations will be transferred to you upon cancellation. You retain ownership of your own Client Content (your business name, logo, text, and images that you provided), which you may request in writing prior to account deactivation.

10.3 Your Client Content

You retain ownership of your Client Content. You grant GroundLaunch a non-exclusive, royalty-free licence to host, store, transmit, display, and process your Client Content as necessary to provide the Services.

10.4 Portfolio and Marketing

GroundLaunch reserves the right to reference your business name and display work completed for your business in its portfolio and marketing materials, unless you request otherwise in writing.

11. Acceptable Use

You agree not to use the Services or Platform to:

— Send unsolicited messages, spam, or any communications that violate applicable laws including Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, A2P 10DLC carrier requirements, or any other applicable law.

— Send messages without having obtained valid, documented consent from each recipient as required by applicable law.

— Send communications that are harassing, threatening, defamatory, fraudulent, obscene, or otherwise unlawful.

— Violate the privacy of any individual or any applicable privacy law, including Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), or any other applicable privacy legislation.

— Promote illegal activities or any products or services that violate carrier policies.

— Reverse-engineer, decompile, or attempt to derive source code from the Platform.

— Resell, sublicense, or provide the Services to third parties without GroundLaunch's prior written consent.

— Attempt to circumvent any security measures or technical restrictions.

— Upload viruses, malware, or any code intended to damage or disrupt the Services.

12. Client Compliance Obligations

12.1 You Are Responsible for Your Communications

When you use the Platform to send SMS, MMS, voice messages, or emails to your customers, you — not GroundLaunch — are the sender of those communications. You are solely responsible for:

— Obtaining valid, documented consent from every recipient before sending any message that requires consent under CASL, the TCPA, CAN-SPAM, A2P 10DLC requirements, or any other applicable law.

— Maintaining records of consent and producing them upon request.

— Honouring opt-out requests immediately, including STOP replies to SMS messages.

— Including required disclosures such as sender identity and opt-out instructions in your communications.

— Complying with A2P 10DLC registration requirements for any campaigns targeting US numbers.

— Complying with all applicable Canadian and US laws governing commercial electronic communications.

12.2 Data and Privacy Compliance

If you upload personal information about consumers or customers to the Platform, you are acting as the data controller under applicable privacy laws, and GroundLaunch acts as a data processor on your behalf. You represent that you have provided all required notices to data subjects, obtained all required consents, and have the legal right to upload and process that data through the Platform.

13. Term, Termination, and Data Retention

These Terms begin when you accept them and continue until your Subscription is terminated. Upon termination, your right to access and use the Services ends. GroundLaunch will retain your Client Content for 14 days following termination to allow you to submit a written request to retrieve your own business content. After 14 days, GroundLaunch may permanently delete or archive all Client Content and Account data.

14. SMS and Messaging Terms (A2P 10DLC)

As part of the Services, GroundLaunch will configure automated SMS and voice messaging systems on your behalf. By engaging these features, you acknowledge and agree that:

— Standard message and data rates may apply to your customers depending on their mobile carrier.

— All messaging campaigns targeting US numbers must be registered under A2P 10DLC requirements. GroundLaunch will assist with registration but you are responsible for ensuring your campaigns remain compliant.

— Your customers must be provided with clear opt-out instructions, including the ability to reply STOP to any SMS message at any time.

— GroundLaunch does not guarantee that all messages will be delivered without delay or failure, as such issues may result from network conditions, carrier filtering, or device compatibility outside our control.

— You are responsible for ensuring all messaging activity conducted through your Account complies with CASL (for Canadian recipients), the TCPA and CAN-SPAM Act (for US recipients), and all other applicable laws. For full details of our SMS-specific terms including opt-out instructions, data rates, and messaging consent, please see our SMS Terms & Messaging Policy.

15. Call Recording

GroundLaunch records sales, onboarding, and support calls between you and GroundLaunch for quality assurance, training, and recordkeeping purposes. You will be notified at the start of any recorded call. By continuing the call after notification, you consent to being recorded. If you do not wish to be recorded, please notify GroundLaunch at the start of the call.

16. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GROUNDLAUNCH DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GROUNDLAUNCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GROUNDLAUNCH DOES NOT GUARANTEE ANY SPECIFIC BUSINESS RESULTS, INCLUDING BUT NOT LIMITED TO VOLUME OF LEADS, BOOKINGS, REVENUE, OR SEARCH ENGINE RANKINGS.

17. Limitation of Liability

To the maximum extent permitted by applicable law, GroundLaunch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if GroundLaunch has been advised of the possibility of such damages.

GroundLaunch's total cumulative liability to you for any claim arising from or relating to these Terms or the Services shall not exceed the total fees paid by you to GroundLaunch in the three months immediately preceding the event giving rise to the claim.

18. Indemnification

You agree to defend, indemnify, and hold harmless GroundLaunch and its owners, employees, contractors, and agents from and against any third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Services, your Client Content, any communications you send through the Services, your processing of personal information, your violation of these Terms, or your violation of any third party's rights.

19. Privacy

GroundLaunch's collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available on our website. By using our Services, you agree to the terms of our Privacy Policy.

20. Changes to These Terms

GroundLaunch reserves the right to update or modify these Terms at any time. Where changes are material, we will notify you by email at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.

21. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Before initiating any formal legal action, both parties agree to first attempt to resolve any dispute informally by contacting GroundLaunch at [email protected]. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. If you are located in the United States, you acknowledge and agree that Ontario, Canada is the agreed-upon jurisdiction and waive any objection to this jurisdiction.

22. Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages including GoHighLevel or Twilio, or carrier disruptions.

23. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and GroundLaunch regarding the Services.

Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.

Waiver. Failure to enforce any right or provision is not a waiver of that right or provision.

Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Survival. Sections relating to intellectual property, payment obligations, no refunds, no chargebacks, indemnification, limitation of liability, and governing law survive termination.

Assignment. You may not assign your rights or obligations under these Terms without GroundLaunch's prior written consent.

24. Acceptance

By purchasing any Services from GroundLaunch or proceeding with onboarding after receiving these Terms, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including the No Refund Policy in Section 6, the No Chargeback clause in Section 7, and the platform access and cancellation terms in Sections 8 and 10.

25. Contact Information

GroundLaunch
Cambridge, Ontario, Canada
Email: [email protected]