TERMS OF USE AGREEMENT

1. Introduction

Welcome to DesireMarketingAgency.com (the “Website”). These Terms of Use (the “Agreement”) govern your access to and use of the Website and all related products, services, materials, and features (collectively, the “Services”), which are operated by Desire Marketing Agency LLC (“Company,” “we,” “us,” or “our”).

By using the Services, you agree to be legally bound by this Agreement. If you do not agree, you must immediately discontinue use of the Services.

2. Acceptance of Terms

2.1 Binding Agreement

By accessing or using the Services, or by clicking “accept” or “agree” when prompted, you acknowledge that you have read, understood, and agreed to be bound by this Agreement on behalf of yourself or any entity you represent.

2.2 Eligibility

To access or use the Services, you represent and warrant that:

✅You are at least 18 years old; and

✅You are not using the Services for any competitive purpose against the Company.

If you do not meet these requirements, you may not access or use the Services.

2.3 Modifications to Terms

We may update or modify this Agreement at any time. Except for updates made for legal or administrative reasons, we will provide reasonable advance notice. Continued use of the Services after changes take effect constitutes acceptance of the revised terms. You are encouraged to review this Agreement periodically.

3. Access to Services

3.1 Modifications and Availability

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, without liability.

3.2 Accounts

Some features may require account registration. You agree to provide accurate and current information and maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.

3.3 Account Security

You must notify us immediately of any unauthorized access or use of your account. We are not liable for losses resulting from your failure to secure your account.

3.4 Suspension and Termination

We reserve the right to suspend or terminate accounts at our sole discretion if this Agreement is violated.

4. Acceptable Use Policy

4.1 Lawful Use

You may only use the Services for lawful purposes in accordance with this Agreement.

4.2 Prohibited Conduct

You agree not to:

✅Violate any applicable law, contract, intellectual property, or privacy rights.

✅Send unsolicited messages, spam, or promotional materials.

✅Impersonate others or misrepresent your affiliation.

✅Upload or transmit harmful code, malware, or disruptive technologies.

✅Attempt unauthorized access, reverse engineering, or security breaches.

✅Collect data from other users without consent.

✅Interfere with or disrupt the Services.

4.3 Geographic Restrictions

The Services are intended for users in the United States and Canada. Access from outside these regions is at your own risk, and you are responsible for compliance with local laws.

5. Purchases and Payments

5.1 Orders

Submitting an order through the Website creates a binding obligation to pay the listed price and associated taxes or fees.

5.2 Payment Processing

Payments are processed by third-party providers. We do not store or process your payment information.

5.3 Subscriptions & Renewals

Subscriptions begin upon receipt of payment.

Fixed-term subscriptions expire at the end of the purchased term unless renewed.

Automatic renewals will occur unless canceled in advance.

You may cancel recurring subscriptions at any time before renewal.

6. Intellectual Property Rights

All content, materials, trademarks, and intellectual property in the Services are owned by the Company or its licensors.

You are granted a limited, non-transferable, revocable license to use the Services solely for authorized purposes.

You may not copy, modify, distribute, reverse engineer, or exploit the Services without prior written consent.

7. User Content

You are solely responsible for any content you post, upload, or share through the Services (“User Content”).

By submitting User Content, you grant the Company a perpetual, worldwide, royalty-free license to use, distribute, and display such content in connection with the Services.

User Content must comply with applicable laws and must not be unlawful, defamatory, obscene, misleading, or harmful.

We reserve the right to remove User Content at our discretion.

8. Copyright Policy (DMCA)

If you believe your copyrighted work has been infringed, you may submit a written notice in compliance with the Digital Millennium Copyright Act (DMCA) to our designated agent:
Email: [email protected]

Knowingly submitting false claims may subject you to liability under U.S. law.

9. Disclaimer of Warranties & Assumption of Risk

The Services are provided “as is” and “as available” without warranties of any kind, express or implied. You use the Services at your own risk. We do not guarantee accuracy, reliability, or uninterrupted availability.

10. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Services.

11. Privacy

Your use of the Services is subject to our Privacy Policy: https://desiremarketingagency.com/terms

We do not sell or share personal information for marketing purposes.

12. White-Labeled HighLevel CRM Services

12.1 Third-Party Services

We provide access to HighLevel CRM under our branding. All underlying software and infrastructure are operated by GoHighLevel.

12.2 Risks & Limitations

We are not responsible for:

✅Downtime, outages, or service disruptions.

✅Data loss, corruption, or breaches.

✅Changes in functionality or features made by GoHighLevel.

12.3 Acceptance of Risk

By using HighLevel CRM services, you acknowledge and accept all risks associated with third-party platforms and agree to hold us harmless from claims arising from GoHighLevel’s operations.

12.4. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

13. AI Technologies and Services

13.1 AI-Powered Features

Our Services may utilize artificial intelligence (“AI”) technologies, which may include:

✅AI-powered text and voice agents for customer support

✅Automated content generation and recommendations

✅AI-enhanced analytics and reporting tools

✅AI-driven quality assurance systems

✅Natural language processing features

✅Voice recognition and speech-to-text services

13.2 Interactions with AI Systems

By using AI-powered features, you acknowledge and agree that:

✅You may be interacting with automated AI systems rather than human representatives.

✅AI-generated responses are created through algorithmic processes.

✅AI systems may analyze your data and usage patterns to deliver personalized services.

✅We will disclose when you are interacting with AI systems rather than human agents.

✅You may request human intervention at any time during AI interactions.

13.3 Data Collection for AI Systems

AI features may collect and process the following data:

✅Text inputs, responses, and messages

✅Voice recordings from voice-enabled features

✅Usage patterns and preferences

✅Content you submit or share

✅Technical and device-related information

✅All data processing for AI purposes is subject to our Privacy Policy.

13.4 AI Training and Improvement

You acknowledge that data from your interactions may be used to train and improve our AI systems, subject to:

✅Anonymization and aggregation whenever possible

✅Security measures to protect data used in training

✅Exclusion of confidential business information unless you provide explicit consent

✅Your right to opt out of AI training by contacting info@desiremarketingagency.com

13.5 AI-Generated Content

When AI generates content:

✅We do not guarantee accuracy, completeness, or suitability.

✅You are responsible for reviewing all AI-generated outputs before using them.

✅AI-generated content must not be relied upon as professional advice (e.g., legal, medical, financial).

✅We may monitor and remove AI-generated content that violates laws or policies.

13.6 AI Voice Technologies

For voice-enabled features:

✅Voice recordings may be processed to deliver services and improve systems.

✅You will be notified when voice recording occurs.

✅Recordings may be transcribed into text for processing.

✅Security measures protect against unauthorized access.

✅You may request deletion of voice data by contacting [email protected].

13.7 Intellectual Property in AI Content

The Company retains all rights in AI technologies and systems.

You are granted a non-exclusive, royalty-free license to use AI-generated content created from your inputs.

You may not claim ownership of AI algorithms or models.

We may generate similar content for other users.

You are responsible for ensuring that your use of AI-generated content does not infringe third-party rights.

13.8 AI Usage Restrictions

You may not use AI technologies to:

✅Create or distribute unlawful content or violate Content Standards

✅Generate deepfakes or misleading synthetic media without disclosure

✅Impersonate individuals without consent

✅Conduct automated spamming, harassment, or harmful activities

✅Attempt to reverse engineer, extract training data, or misuse AI systems

✅Build competing products using our AI technologies

13.9 Responsible AI Use

We are committed to responsible AI practices, including:

✅Transparency about AI-generated content

✅Maintaining human oversight

✅Regular testing for bias, security, and safety

✅Allowing you to report concerns about AI interactions

✅Providing options to request human intervention

13.10 Changes to AI Features

AI technologies are evolving. We may:

✅Modify, suspend, or discontinue features without notice

✅Update how AI processes or stores data

✅Introduce new capabilities or restrictions

✅Adjust pricing for AI-powered features as technology evolves

✅We will provide notice of significant changes through these Terms or direct communication.

13.11 Third-Party AI Technologies

Some AI-powered features may use third-party technologies. In such cases:

✅Your data may be processed under both our terms and the third party’s terms.

✅We have agreements in place to safeguard your data.

✅We are not responsible for disruptions, changes, or discontinuations by third-party providers.

13.12 Assumption of Risk for AI

You acknowledge that:

✅AI technologies are experimental and may produce errors or inappropriate outputs.

✅AI-generated recommendations are used at your own risk.

✅You should exercise judgment and verify AI outputs before relying on them.

✅We are continuously improving AI systems but cannot guarantee flawless performance.

14. Termination

14.1 Company Termination Rights

We may suspend or terminate your access to the Services, in whole or in part, at our sole discretion, with or without notice, for any reason, including violation of these Terms.

14.2 Effect of Termination

Upon termination:

✅Your right to use the Services immediately ceases.

✅Certain provisions (e.g., intellectual property, disclaimers, limitations of liability) will survive.

✅Your data and User Content may be deleted, and we shall have no liability for such deletion.

15. Disclaimer of Warranties

The Services are provided “as is” and “as available”, without warranties of any kind. We disclaim all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.

We do not guarantee uninterrupted, secure, or error-free Services, nor do we warrant third-party products, services, or links.

16. Limitation of Liability

To the fullest extent permitted by law:

✅We shall not be liable for indirect, incidental, special, punitive, or consequential damages.

✅Our total liability shall not exceed the greater of:
✅(a) amounts paid by you in the last six (6) months, or
✅(b) $100 USD.

Some jurisdictions do not allow certain limitations, so these may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from all claims, damages, liabilities, and expenses (including attorney’s fees) arising from:

✅Your use or misuse of the Services

✅Your User Content

✅Breach of this Agreement by you or anyone using your account

18. Disputes and Arbitration

18.1 Governing Law

This Agreement shall be governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

18.2 Arbitration Agreement

By using our Services, you agree to resolve disputes exclusively through binding arbitration administered by the American Arbitration Association. Class actions and jury trials are expressly waived.

18.3 Time Limitation

Any claim must be filed within one (1) year from the date the cause of action arose, or it is permanently barred.

19. Miscellaneous

Waiver: Failure to enforce any provision does not waive our rights.

Severability: Invalid provisions do not affect enforceability of remaining terms.

Entire Agreement: These Terms constitute the entire agreement between you and the Company.

No Agency: Nothing in these Terms creates a partnership, joint venture, or agency relationship.

Assignment: You may not assign your rights without our written consent.

Force Majeure: We are not liable for events beyond our control (e.g., natural disasters, war, pandemics).

Export Compliance: You agree to comply with applicable U.S. export laws.

20. SMS/Text Messaging

We may send appointment reminders, updates, and promotional texts when you opt in.

Reply STOP to unsubscribe or HELP for assistance.

Message frequency may vary; standard data and message rates apply.

We will not sell or share your SMS opt-in data with third parties for marketing.

21. Additional Protections

Data Security: We use commercially reasonable safeguards but cannot guarantee absolute security.

Service Availability: While we aim for high uptime, we do not guarantee uninterrupted access.

Refund Policy: Unless otherwise stated, all sales are final. Refunds may be issued at our sole discretion.

Reservation of Rights: All rights not expressly granted are reserved.

22. Contact Information

For questions, feedback, or legal notices, please contact:

Email: [email protected]