VICTORY DIGITAL MARKETING SOLUTIONS

Terms of Service

This document sets out your rights and responsibilities

This Terms of Service Agreement (“Agreement”) is entered into by and between you and Victory Digital Marketing Solutions (“Company,” “we,” “us,” or “our”) and governs your access to and use of our website, platform, and services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by this Agreement.

Last updated: 31 March 2026

1. ACCEPTANCE & ELIGIBILITY

1.1 Acceptance

By using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

1.2 Eligibility

You must:

  • Be at least 18 years old

  • Not be a direct competitor using the platform for competitive purposes

  • Have authority to bind your business/entity

1.3 Changes to Terms

We may update these Terms at any time. Continued use = acceptance of updates.

2. ACCEPTANCE & ELIGIBILITY

2.1 Service Modifications

We may:

  • Modify, suspend, or discontinue any feature

  • Add or remove functionality

We are not liable for service interruptions.

2.2 Account Creation

You agree to:

  • Provide accurate information

  • Keep your account updated

  • Allow integration with third-party platforms

2.3 Account Responsibility

You are responsible for:

  • All activity under your account

  • Maintaining login security

  • Any damages caused by misuse

2.4 Termination

We may suspend or terminate your account at any time for violations or misuse.

3. ARTIFICIAL INTELLIGENCE (AI) SERVICES

3.1 Nature of AI

Our platform may include:

  • AI chatbots

  • AI voice assistants

  • Automated workflows

These are automated systems—not human agents.

3.2 AI Limitations

You acknowledge:

  • AI may be inaccurate or incomplete

  • AI is NOT professional advice

  • Outputs may not reflect official company positions

3.3 User Responsibilities (AI)

You agree NOT to:

  • Manipulate or jailbreak AI

  • Generate illegal, harmful, or misleading content

  • Rely solely on AI for critical decisions

3.4 AI Data Usage

We may:

  • Store and analyze interactions

  • Use data to improve AI systems

3.5 AI Liability Disclaimer

We are NOT liable for:

  • Decisions made using AI

  • Errors or misinformation

  • Offensive or unexpected outputs

4. ACCEPTABLE USE POLICY

You agree NOT to:

  • Violate laws or regulations

  • Send spam or unsolicited messages

  • Impersonate others

  • Exploit minors

  • Upload harmful or illegal content

  • Interfere with platform performance

  • Attempt unauthorized access or hacking

  • Reverse engineer the system

  • Scrape or extract data

Violation = immediate termination.

5. TERMS OF SALE & BILLING

5.1 Purchasing

By purchasing:

  • You agree to pay all listed fees

  • You confirm all provided information is accurate

5.2 Payments

  • Payments are processed via third-party providers

  • We do not store payment data

  • Failed payments may result in suspension

5.3 Pricing

All pricing, taxes, and fees are disclosed at checkout.

5.4 Subscription Terms

  • Subscriptions auto-renew unless canceled

  • You are responsible for canceling before renewal

  • No partial refunds unless stated

5.5 No Refund Policy

Unless explicitly stated otherwise:
All payments are non-refundable

6. INTELLECTUAL PROPERTY

All platform content, including:

  • Software

  • Branding

  • Systems

  • Design

…is owned by Victory Digital Marketing Solutions.

You may NOT:

  • Copy or replicate the platform

  • Resell without permission

  • Build competing systems

7. USER CONTENT

7.1 Responsibility

You are solely responsible for content you upload or distribute.

7.2 License to Us

You grant us a worldwide, royalty-free license to use your content to operate and improve the platform.

7.3 Content Standards

Your content must NOT:

  • Be illegal, harmful, or abusive

  • Violate intellectual property

  • Be misleading or fraudulent

7.4 Enforcement

We may:

  • Remove content

  • Suspend accounts

  • Report violations

8. WHITE-LABEL CRM (GOHIGHLEVEL)

8.1 Platform Dependency

Our Services may rely on third-party infrastructure such as GoHighLevel.

8.2 Limitation of Responsibility

We are NOT responsible for:

  • Platform outages

  • Feature changes

  • Data loss originating from third-party systems

8.3 Support Role

We provide first-line support but may rely on third parties for resolution.

9. SMS & COMMUNICATION COMPLIANCE

9.1 User Responsibility

You MUST:

  • Obtain proper consent before messaging

  • Comply with TCPA, CAN-SPAM, and laws

9.2 Prohibited Messaging

You may NOT:

  • Send messages without consent

  • Ignore opt-outs

  • Send illegal or harmful content

9.3 Opt-Out Compliance

You must honor all opt-outs immediately.

10. THIRD-PARTY SERVICES

We are not responsible for:

  • Third-party integrations

  • Payment processors

  • External tools

Use at your own risk.

11. DISCLAIMER OF RESULTS

We do NOT guarantee:

  • Leads

  • Sales

  • Revenue growth

Results depend on factors beyond our control.

12. ASSUMPTION OF RISK

You use the Services at your own risk.

We are not responsible for:

  • Business decisions

  • Marketing outcomes

  • Data interpretation

13. PRIVACY

Use of the Services is subject to our Privacy Policy.

We do not knowingly collect data from children under 13.

14. TERMINATION

We may terminate access at any time.

Upon termination:

  • Access is revoked

  • Data may be deleted

15. NO WARRANTY

Services are provided:

“AS IS” and “AS AVAILABLE”

We do NOT guarantee:

  • Uptime

  • Accuracy

  • Performance

16. LIMITATION OF LIABILITY

We are NOT liable for:

  • Lost profits

  • Lost data

  • Indirect damages

Maximum liability:
👉 Fees paid in last 30 days OR $50

17. INDEMNIFICATION

You agree to defend and hold us harmless from any claims related to:

  • Your use of the platform

  • Violations of law

  • Your content or actions

18. DISPUTES

Governing Law

State of Florida

Resolution

  • Binding arbitration

  • No class actions

  • Individual claims only

19. GENERAL PROVISIONS

  • The entire Agreement governs use

  • No partnership created

  • We may assign rights freely

  • You may not transfer the account

20. CONTACT INFORMATION

If you have any questions about these Terms, contact us at:

Victory Digital Marketing Solutions

4811 Mundell Ave

Sebring, FL 33870

[email protected]

© 2026 Victory Digital Marketing Solutions. All rights reserved.