1Agreement
1.1 FemTech is operated by Ashley Alexander, doing business as The Fempowered Professional ("FemTech," "we," "us," or "our"). We operate a branded software environment built within the HighLevel, Inc. platform, together with our own configurations, templates, automations, training, and support (the "Platform"). 1.2 Your use of the Platform is governed by these Terms of Service, our Privacy Policy, our Acceptable Use Policy, and any pricing or fee terms presented at checkout or within the Platform (together, the "Agreement"). Where these documents conflict, they apply in the order listed. 1.3 By creating an account, accessing, or using the Platform, you agree to be bound by this Agreement. If you are accepting on behalf of a business or organization, you represent that you have authority to bind it. 1.4 We may update this Agreement. Material changes take effect 30 days after we post them or notify you, whichever is later. Non-material changes take effect when posted. Continued use after the effective date means you accept the updated Agreement. If you do not accept an update, your remedy is to cancel.2Platform and third-party dependency
2.1 The Platform operates on software licensed from HighLevel, Inc. and incorporates third-party services including but not limited to Twilio, Mailgun, Stripe, and Google. 2.2 We have built and maintain our own environment, configurations, and content within that software, but we do not own or control the underlying HighLevel software or any associated third-party service. 2.3 You acknowledge that:- the availability, functionality, and performance of Platform features may depend on HighLevel or its subprocessors;
- we are not responsible for interruptions, outages, data loss, feature changes, or service discontinuation arising from the operation or modification of the underlying software or any third-party service; and
- your use of the Platform is also subject to HighLevel's terms of service and acceptable use policy, which you agree to comply with.
3Your account
3.1 You must be at least 18 years old to create an account. 3.2 You must provide accurate, current, and complete registration information and keep it updated. 3.3 You may add team members to your account and assign them permissions. Team members are authorized users, are bound by this Agreement, and each must use their own credentials. You are responsible for everything they do. 3.4 Sharing login credentials with anyone outside your account is prohibited, including logging in under another person's credentials or creating accounts under false information. 3.5 You are solely responsible for all activity under your account and for maintaining the security of your credentials. Notify us promptly at [email protected] of any suspected unauthorized access. 3.6 You are solely responsible for setting up and maintaining your own workflows, automations, triggers, integrations, and notification settings. Outcomes resulting from outdated, incorrect, or unmaintained configurations are not a Platform defect.4Account ownership
Why this section exists: sometimes the person who sets up an account, the person who pays for it, and the business it belongs to are three different people. This section decides what happens when they disagree.
4.1 The "Account Holder" is the individual or entity for whose business, brand, customers, and commercial benefit the account is used. The Account Holder is the contracting party and is responsible for all activity and all fees.
4.2 Paying for an account, or providing a payment method, does not by itself establish ownership of the account, the customer data, the content, or any associated business assets.
4.3 If an ownership dispute arises, we may request documentation and determine, acting reasonably and solely for administrative purposes, who we consider the Account Holder. We may consider registration information, the business and domains associated with the account, billing history, written agreements between the parties, business registration records, login and administrative history, and any court order or binding legal direction.
4.4 We are not an arbiter of disputes between account holders, contractors, agencies, employees, business partners, or any other parties. Pending resolution, we may suspend the account, preserve its data, restrict access, or decline to transfer control until we receive documentation or a written agreement we consider satisfactory.
5Administrative access
5.1 We retain administrative access to all accounts on the Platform. This is a condition of service. 5.2 We use that access for technical support and troubleshooting, security monitoring, feature rollout and maintenance, and verifying compliance with this Agreement. 5.3 You agree not to revoke, disable, or obstruct our administrative access. If you do, we may suspend or terminate your account. 5.4 We exercise administrative access in accordance with applicable privacy law and our Privacy Policy.6Acceptable use
6.1 You must not, and must not permit any authorized user to:- copy, reverse engineer, duplicate, or create derivative works from the Platform or its templates, workflows, or configurations;
- resell, sublicense, rent, lease, or otherwise commercially exploit access to the Platform;
- export, transfer, or replicate our proprietary templates, workflows, or configurations to any other platform, agency environment, or software;
- share non-public Platform features, templates, or materials with any unauthorized third party;
- upload or transmit malicious code, or attempt to probe, scan, or breach the security of any system;
- use the Platform for unlawful activity, or to transmit content that is defamatory, harassing, infringing, or otherwise unlawful;
- access or use the Platform for competitive analysis, benchmarking, or feature replication on behalf of a competing platform or white-label agency; or
- register or access the Platform under false or misleading pretenses.
7Pricing model
7.1 FemTech operates on a combined pricing model consisting of (a) a flat-rate recurring subscription providing access to the core Platform, and (b) optional usage-based services and third-party services billed separately as they are consumed. All amounts under both form part of the fees payable under this Agreement. 7.2 Your subscription grants access to all core Platform features. We do not automatically upgrade or change your subscription tier based on your usage volume. 7.3 All fees are stated and charged in US Dollars. Applicable sales or use taxes are calculated and applied at checkout, on your invoice, or at the time of any recurring charge, wallet top-up, or renewal, based on your billing address and applicable law. 7.4 Subscriptions renew automatically at the interval you selected until cancelled in accordance with section 22.8Usage-based services
8.1 Certain features are billed on a consumption basis in addition to your subscription ("Usage-Based Services"). These include, without limitation:- outbound and inbound SMS, MMS, and voice calls;
- phone number provisioning and monthly number rental;
- email sends exceeding the allowance included in your subscription;
- email address verification and list validation;
- AI-powered features, including content generation, conversational agents, voice agents, and workflow actions designated as premium;
- premium workflow actions, external API calls, and integration actions designated as billable;
- domain registration and renewal purchased through the Platform; and
- any other feature identified within the Platform as incurring usage-based charges.
8.4 You remain responsible for all Usage-Based Service charges regardless of outcome or delivery success, including charges for messages or calls that are filtered, blocked, undeliverable, rejected by a carrier, or marked as spam. Charges are incurred at the point of attempted transmission, not on delivery.
8.5 We do not guarantee message or email deliverability, delivery timing, sequencing, or receipt. Deliverability depends on carriers, mailbox providers, registration status, sender reputation, and your own sending behavior and content, all of which are outside our control.
9Wallet balance
9.1 Usage-Based Services are funded through a prepaid balance associated with your account (your "Wallet"). You must maintain a positive Wallet balance to continue using them. 9.2 Charges for Usage-Based Services are deducted from your Wallet as they are incurred. 9.3 Your subscription includes a monthly usage credit of [$XX], applied to your Wallet at the start of each billing period. Any unused portion of this credit expires at the end of that billing period and does not roll over, accumulate, or convert to cash or refund. 9.4 If your Wallet balance is exhausted and automatic top-up is disabled or fails, Usage-Based Services will stop functioning. This may interrupt scheduled messages, automations, workflows, phone service, and AI features. We are not liable for any loss, missed communication, lost lead, or business impact resulting from an insufficient Wallet balance. 9.5 Wallet balances are non-refundable and non-transferable. Unused funds are forfeited on cancellation or termination, except where a refund is required by applicable law.10Automatic top-up
10.1 Accounts are configured by default to automatically add [$XX] to the Wallet each time the balance falls below [$XX] ("Auto Top-Up"). By providing a payment method, you authorize us and our payment processors to charge it for Auto Top-Up as often as required to maintain your balance.10.2 Auto Top-Up may trigger multiple times within a single day or billing period depending on your usage volume. There is no daily, weekly, or monthly cap on the number or total value of Auto Top-Up charges unless you configure one within the Platform.
10.3 You are solely responsible for reviewing, configuring, and monitoring your Auto Top-Up settings, threshold amounts, spending limits, and any other usage controls available within the Platform.
10.4 We are not liable for charges resulting from settings you configured, settings you left at their default values, settings changed by any person with access to your account, or usage volume exceeding your expectations.
11Responsibility for charges
11.1 You are responsible for all fees and charges incurred through your account, including charges arising from actions taken by any authorized user, team member, employee, contractor, virtual assistant, agency, or other person to whom you have granted access, whether or not you specifically authorized the individual action. 11.2 Charges arising from misconfigured, duplicated, looping, or unmaintained automations are your responsibility and do not constitute a Platform error or billing error. 11.3 You are responsible for reviewing your automations before activating them and for monitoring your usage and Wallet activity. Usage reporting is available inside the Platform at all times. 11.4 Where a payment method belonging to a third party is used on your account, you confirm that all necessary authorization has been obtained. Providing a payment method does not by itself confer ownership of the account.12Third-party services
12.1 The Platform may make available optional subscriptions, applications, and integrations provided by third parties ("Third-Party Services"), including branded mobile applications, advertising manager integrations, messaging integrations, marketplace applications, website integrations, domain services, and AI applications or agents. 12.2 By purchasing or activating a Third-Party Service, you acknowledge that:- each Third-Party Service is a separate arrangement between you and that provider;
- we are not a party to it and are not liable for its availability, performance, quality, pricing, or discontinuation;
- all Third-Party Service charges are non-refundable, whether billed through us or directly;
- all disputes and refund requests must be directed to that provider;
- we may suspend or disable access to Third-Party Services if your subscription is cancelled, suspended, or terminated, which may result in loss of associated data, domains, phone numbers, or configurations; and
- our role is limited to facilitating access, integration, and billing.
13Communications compliance
13.1 The Platform includes email, SMS, MMS, and voice features. You are solely responsible for every communication sent from your account. 13.2 You are responsible for compliance with all applicable communications laws and regulations, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state-level messaging and privacy laws, Do Not Call registry rules, and carrier registration requirements including A2P 10DLC. 13.3 You are responsible for obtaining and documenting valid consent from every recipient, and for honoring opt-outs promptly. 13.4 We provide the technology that facilitates communications. We do not originate, review, approve, or send them. All communications are initiated by you or by automations you configured. 13.5 Carrier filtering, registration decisions, throughput limits, and number suspensions are determined by carriers and providers, not by us. We are not responsible for delays, blocking, filtering, or suspension arising from those decisions or from your own sending behavior.14Payment, failure, and suspension
14.1 Payment processing is provided by Stripe and is subject to the Stripe Services Agreement. By subscribing, you agree to be bound by it. 14.2 You must keep your payment details current and valid. Failed payments may trigger automatic retries in line with standard payment processing practice. 14.3 If a payment is not received when due, we may suspend or restrict access to the Platform until payment is received in full, and may terminate this Agreement under section 22.14.4 Where an account is suspended or paused for any reason, active and published workflows may be moved to a draft state to prevent further usage charges accruing during the suspension. You are solely responsible for reviewing and republishing any affected workflows once access is restored.
14.5 If your account is placed on hold or pause at your request, any automations, scheduled messages, or workflow triggers that remain active will continue to run and all resulting usage charges will apply. If you do not want automations to continue during a pause, you must disable them yourself before the pause takes effect.
15Refunds and chargebacks
15.1 To the maximum extent permitted by applicable law, all fees are non-refundable, including subscription fees for unused or partially used billing periods, Wallet top-ups, usage charges, and Third-Party Service charges. 15.2 Failure to cancel before a renewal date, failure to use the Platform, or any access or user error on your side does not invalidate a renewal charge. 15.3 Payment processing fees and related transaction costs are incurred when a payment is processed and are not recoverable. 15.4 If you believe a charge is incorrect, you must contact [email protected] within 30 days of the charge and complete our internal dispute process before initiating a chargeback or payment dispute with your financial institution. 15.5 Initiating a chargeback does not suspend your obligation to pay validly incurred fees. We may suspend or restrict access to your account and any related accounts during a chargeback process, may present evidence of authorization and usage to the payment processor, and may recover chargeback fees, processor penalties, and reasonable collection costs where a dispute is determined to be invalid.16Changes to pricing
16.1 Subscription fees, usage rates, included allowances, and monthly credits are subject to change. We will provide 30 days' notice of any increase to subscription fees. Usage rates may change without notice where underlying provider costs change. 16.2 Promotional pricing, founding member rates, and discounts apply only for the period expressly stated at the time of purchase. No statement in any marketing material, webinar, email, or social media post creates a right to fixed or lifetime pricing unless expressly agreed in writing. 16.3 Fees are never changed retroactively. If you do not accept a fee change, your remedy is to cancel before it takes effect.17Intellectual property
17.1 All rights in the Platform, including our proprietary templates, workflows, automations, configurations, designs, training materials, and documentation, remain owned by us or our licensors. 17.2 We do not own the underlying HighLevel software or any third-party service. Your use of the Platform grants you no ownership interest in any of it. 17.3 Your right to access the Platform is personal, limited, non-exclusive, revocable, and non-transferable. 17.4 You retain ownership of your own branding, trademarks, logos, copy, graphics, marketing materials, and any other content you upload or create ("Your Content"). Nothing in this Agreement transfers ownership of Your Content to us. 17.5 You grant us a limited, non-exclusive, royalty-free license to host, reproduce, and display Your Content solely as required to operate the Platform and provide services to you. 17.6 Modifying or incorporating our templates into your own materials does not transfer ownership of those templates to you. They remain ours and are licensed for use within the Platform only. 17.7 We may reference your business name and logo as a customer in our marketing. You may revoke that permission at any time in writing, and we will remove the reference promptly. 17.8 If you send us feedback or suggestions, we may use them without restriction or obligation.18Your data and privacy
18.1 You own all customer data you provide, upload, or connect through the Platform. Our handling of it is described in our Privacy Policy. 18.2 You are the data controller for your customer data. You decide what is collected, why, how it is used, and how long it is kept. You are responsible for obtaining consent, publishing your own privacy policy, and handling access, correction, and deletion requests from your contacts. 18.3 We act as your data processor and process customer data only to provide the Platform and services to you. 18.4 You acknowledge that customer data is processed on infrastructure operated by HighLevel and its hosting providers, and that enabling third-party integrations may transfer data to those providers. 18.5 No platform can make your business compliant on its own. Compliance with GDPR, CCPA, or any other privacy regime depends on your own policies and practices as well as the tools you use. 18.6 The Platform is not designed for use in contexts requiring HIPAA compliance, and we make no representation that it is HIPAA compliant. 18.7 Standard data exports, including contacts, form submissions, appointments, invoices, and transactions, are available to you at any time. Performing and retaining those exports is your responsibility.19Warranties and disclaimers
19.1 You warrant that the information you provide is accurate, that your use of the Platform is lawful, and that you have obtained all consents necessary for the data you upload. 19.2 We will use reasonable efforts to provide continuous access to the Platform, but no software service can guarantee uninterrupted availability. 19.3 To the maximum extent permitted by law, the Platform and all content within it are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. 19.4 We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, that any template or automation will perform without modification, or that your use of the Platform will make you compliant with any law. 19.5 AI features are provided for operational support only and are not a substitute for human review or professional advice. We do not guarantee the accuracy or suitability of AI-generated output.20Limitation of liability
20.1 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement, for any one event or series of related events, is limited to the total subscription fees you paid us in the one (1) month immediately preceding the event. 20.2 We will not be liable for lost profits, lost revenue, lost goodwill, business interruption, loss or corruption of data, downtime costs, failure to realize anticipated savings, or any indirect, incidental, special, consequential, or punitive damages, however caused. 20.3 We will not be liable for losses arising from errors in information or instructions you provided, from actions we took at your direction, from third-party products or integrations, or from failures or interruptions of communication services. 20.4 You remain responsible for maintaining independent backups of your data. 20.5 The parties agree these limits are a fair allocation of commercial risk given the fees charged.21Indemnification
21.1 You agree to indemnify and hold harmless FemTech, its officers, employees, and contractors from any claim, liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from your breach of this Agreement, your violation of any law including communications and privacy law, your infringement of any third party's rights, any dispute over account ownership or payment authority, or any chargeback or payment dispute initiated by you or on your behalf.22Cancellation and termination
22.1 You may cancel at any time from inside your account under Settings, or by emailing [email protected] if you cannot access it. We will process an emailed request within 2 business days. 22.2 Your subscription is set to end at the close of your current billing period, and you retain access until then. Fees already paid are not refunded for the unused portion. 22.3 On cancellation you acknowledge that:- access to the Platform and all templates, training, and proprietary content ends at the close of your billing period;
- connected third-party services including phone numbers, domains, and email services may be disconnected and permanently removed within 72 hours and cannot be restored;
- we are not obligated to retain or provide access to your content after your account closes; and
- third-party providers, including HighLevel, may retain copies of data under their own retention policies, which are outside our control.