Introduction and Acceptance

Welcome to X5 Core, LLC (“X5 Core,” “we,” “us,” or “our”). By accessing our website or using our services – including our digital marketing services, GoHighLevel (GHL) CRM subscriptions, and any related offerings – you agree to these Terms of Use (“Terms”). These Terms form a legally binding agreement between you (the user) and X5 Core. If you do not agree with any part of these Terms, do not use our website or services. Use of our site or services indicates acceptance of these Terms in full.

We may update these Terms from time to time. Changes are effective when posted with an updated “Last Updated” date. It is your responsibility to review the Terms periodically. Continued use of our site or services after changes are posted will constitute your acceptance of the revised Terms.

Scope of Services

X5 Core provides digital marketing and CRM services including but not limited to: website and SEO optimization, paid advertising management, social media and review management, CRM setup and maintenance via GoHighLevel sub-accounts, and related consultancy. These Terms govern your general access to our website and any use of our services or software provided through our platform. Specific services may have additional agreements or terms, which will supplement these Terms.

By creating an account or subscribing to our services, you affirm that you are at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into a legal agreement. If you represent a business or other entity, you warrant that you have authority to bind that entity to these Terms.

User Accounts and Security

Some of our services (such as CRM sub-account access) require you to create an account or receive login credentials. You agree to provide accurate, current information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Do not share your account with unauthorized parties. Notify us immediately at [email protected] if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account information.

We reserve the right to suspend or terminate accounts that we believe are being used in violation of these Terms or our policies, or for security reasons. You are responsible for all usage of your account and any content or data transmitted, uploaded, or created under your account.

User Obligations and Acceptable Use

By using our website or services, you agree to use them only for their intended purpose and in compliance with all applicable laws and regulations. You may not misuse our site or services. Specifically, you agree not to:

·      Engage in illegal, fraudulent, or malicious activities. You will not use our platform to violate any law or regulation, commit fraud, or engage in activities that harm others (no stalking, harassment, or exploitation).

·      Violate Communication Laws. If you use our services to send messages (emails, SMS, etc.), you must comply with laws like the Telephone Consumer Protection Act (TCPA) and CAN-SPAM. Do not send unsolicited bulk messages (“spam”), chain letters, or any messages without proper consent.

·      Post or transmit prohibited content. You must not use our services to distribute content that is unlawful, obscene, defamatory, threatening, or that promotes hate or violence. Content that falls into certain prohibited categories – for example, phishing or “smishing” scams, illegal drugs, or material related to sex, hate, alcohol, firearms, or tobacco that violates laws or required age restrictions – is strictly forbidden.

·      Infringe on rights of others. Do not upload or share content that violates the intellectual property or privacy rights of others. You must have the legal rights to all content or data you use on our platform.

·      Interfere with networks or security. You will not attempt to interfere with the normal operation of our website, platform, or any user accounts. This includes prohibition on hacking, probing or scanning systems, introducing malware or viruses, or attempting to bypass any security measures.

·      Abuse the services. Refrain from any conduct that could damage, disable, overburden, or impair our services (e.g. launching denial-of-service attacks or using our CRM to send excessive unsolicited communications). You also may not use automated scripts to collect information from our site or to interact with our services without our prior permission.

These examples are not exhaustive. Any behavior that we deem unlawful, harmful, or abusive of our platform or communication channels is a violation of this Acceptable Use policy. We reserve the right to determine, in our sole discretion, whether conduct violates the spirit or letter of these rules.

Monitoring and Enforcement

X5 Core reserves the right (but has no obligation) to monitor user activity and content on our website or platforms to ensure compliance with these Terms and our Acceptable Use Policy. We may investigate any alleged or potential violations and remove, disable, or modify any content or service access as needed. This includes the right to cooperate with law enforcement or regulatory authorities in investigating illegal or unauthorized activities.

If you violate these Terms or our Acceptable Use standards, we may take corrective action. We may suspend or terminate your account or access to services immediately and without prior notice if we believe you have violated these Terms, engaged in prohibited conduct, or otherwise endangered our interests or those of other users. In such cases, you may forfeit any fees already paid, and we shall not be liable for any losses resulting from termination. We may also take legal action against violators and seek to recover any costs or damages (including attorney’s fees) incurred by us due to the violation.

If you become aware of any misuse of our services or any suspicious activity, please report it to us at [email protected] or through our contact channels. We will review all reports and take appropriate action at our discretion.

Electronic Communications Consent

By providing your email address, phone number, or other contact information to X5 Core (for example, by filling out a web form or contacting us), you consent to receive communications from us electronically. This means we may contact you via email, SMS/text messages, phone calls, in-app notices, or other electronic means regarding your account, service updates, billing, marketing offers (if you have opted in), and other purposes relevant to our business relationship. You agree that all agreements, notices, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing.

You can opt out of certain marketing communications at any time (such as promotional emails or SMS) by following the unsubscribe instructions provided in those messages or by contacting us. However, even if you opt out of marketing messages, we may still send you important transactional or account-related communications (e.g., notices about your subscription, security alerts, or service changes) as long as you maintain an account with us. Standard messaging and data rates may apply for any SMS or other mobile communications.

By using our services or website, you consent to the use of electronic records and signatures. You agree that any agreements, signatures, or acknowledgments executed electronically (for example, checking an “I Agree” box or signing electronically) are as valid and enforceable as a physical signature. You waive any requirements for an original (non-electronic) signature or the delivery of non-electronic records, to the extent permitted by applicable law.

Fees and Payments

Certain services offered by X5 Core (such as CRM software subscriptions or marketing service packages) may require payment of fees. If you enroll in a paid service, you agree to pay all applicable charges in accordance with the terms presented at the time of purchase or signup. Pricing, billing frequency, and payment methods will be specified in a service agreement or order form. Unless otherwise stated, all fees are non-refundable. Late payments may incur interest or result in suspension of service. You are responsible for any taxes or duties assessed on the services, excluding taxes on our income.

We use third-party payment processors to handle payment transactions. By providing payment information, you authorize us to charge the specified payment method and you consent to the storage and handling of that information by our payment processors. All billing information must be truthful and accurate; providing false or fraudulent information is a violation of these Terms and may result in termination of your access.

Intellectual Property

All content and materials available on our website and through our services, including text, graphics, logos, button icons, images, audio clips, software, and databases, are the property of X5 Core or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the website and our materials for your personal or internal business use only.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any of our content or intellectual property without our express written permission. All trademarks, service marks, and logos displayed (including “X5 Core” and our logos) are our property or that of our partners. This Agreement does not grant you any right or license to use any trademarks without the owner’s prior written consent.

If you submit feedback, ideas, or suggestions regarding our services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that Feedback into our products or services without restriction or compensation to you.

Third-Party Services and Integrations

In providing our services, we may utilize or integrate third-party platforms, software, or services (for example, the GoHighLevel CRM system, social media networks, analytics providers, or advertising platforms). Your use of those third-party services may be subject to additional terms and privacy policies of the providers. For instance, when you log into a GHL sub-account provided by X5 Core, your use of the CRM interface is also governed by GoHighLevel’s terms of service and policies, which you are expected to abide by. We are not responsible for the terms, policies, or actions of third-party providers.

While we select and configure third-party tools to enhance our offerings, X5 Core does not control those providers and is not liable for their acts or omissions. Any issues arising from third-party services should be resolved in accordance with the provider’s own support or dispute resolution processes. If you have questions about third-party integrations, please contact us.

Disclaimers of Warranty

X5 Core provides the website, services, and all content on an “AS IS” and “AS AVAILABLE” basis. Your use of our site and services is at your sole risk. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the website or services will meet your requirements, achieve any particular results, or be uninterrupted, timely, secure, or error-free.

X5 Core makes no warranties or representations about the accuracy or completeness of any information or content provided through the services. Any material downloaded or otherwise obtained through our site is accessed at your own discretion and risk. We disclaim any liability for any harm to your computer system or loss of data that results from accessing or downloading any content from our site.

We do not warrant or endorse any third-party product or service that may be mentioned or linked to through our website. Any advertisements or referral links are for convenience, and we have no responsibility or liability for your interactions with third parties outside of X5 Core.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

Limitation of Liability

To the fullest extent permitted by law, X5 Core and its owners, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of (or inability to use) our website or services. This includes, without limitation, any damages for lost profits, lost revenue, loss of business opportunities, loss of data, or business interruption – even if we have been advised of the possibility of such damages.

In addition, X5 Core will not be responsible for any compensation, reimbursement, or damages arising in connection with: (1) your inability to use the services, including as a result of any termination or suspension of your account or these Terms, (2) the cost of procurement of substitute services, (3) any investments, expenditures, or commitments by you related to your use of our services, or (4) any unauthorized access to, or alteration of, your transmissions or data (except to the extent caused by our breach of these Terms).

Maximum Liability: If, notwithstanding the other provisions of these Terms, X5 Core is found liable to you for any claim or cause of action arising from your use of the website or our services, our aggregate liability to you will not exceed the total fees you have paid us for the specific service in the three (3) months immediately preceding the event giving rise to the claim. If you have paid no fees, our liability will be limited to USD $100 (whichever is greater, up to the maximum extent permitted by law). This limitation applies to all causes of action in the aggregate, including breach of contract, tort (including negligence), strict liability, misrepresentations, or any other legal theory.

Certain state or national laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above limitations may not apply, and you may have additional rights. However, in such cases, our liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless X5 Core, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use of the website or services; (b) your violation of these Terms or any policy incorporated by reference; (c) your violation of any law or regulation or infringement of any third-party right (including any intellectual property or privacy right) in connection with your use of our services; or (d) any content or data that you submit, upload, or transmit through our platform.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of that claim and you may not settle a claim without our prior written consent. This indemnification obligation will survive any termination of your account or these Terms.

Termination

Termination by You: You may stop using our website or services at any time. If you have a subscription or ongoing service agreement and wish to terminate it, please refer to any cancellation terms in your service agreement or contact us in writing. Keep in mind that early termination of certain contracts may not entitle you to a refund of prepaid fees, unless otherwise stated in a separate agreement.

Termination or Suspension by Us: We reserve the right to terminate or suspend your access to the website or any of our services, with or without cause, and with or without notice, at any time. Reasons for termination may include, without limitation: (i) breach or violation of these Terms or any other incorporated policies, (ii) requests by law enforcement or government agencies, (iii) discontinuance or material modification of the services, (iv) unexpected technical or security issues, (v) non-payment of fees owed (if applicable), or (vi) engagement in fraudulent or illegal activities. In the event of termination or suspension by us due to your misconduct or violation, we shall not be liable to you for any refunds, compensation, or damages resulting from the termination.

Upon termination of your account or access, your right to use the services will immediately cease. We may delete or deactivate your account and all related data, but we are under no obligation to do so immediately. Sections of these Terms which by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law) shall continue in effect.

If we terminate our services in entirety (for example, if X5 Core ceases operations), we will provide notice to users when feasible and work with clients to wind down or transfer any active projects or data.

Governing Law and Dispute Resolution

These Terms of Use and any disputes arising out of or relating to them shall be governed by the laws of the State of Florida, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

You agree that any dispute, claim, or controversy between you and X5 Core arising from or relating to the website or services that is not resolved through informal negotiation shall be resolved exclusively in the state or federal courts located in the State of Florida. You consent to the personal jurisdiction of these courts and waive any objections to venue in these courts. (If you are contracting with us as a business, you also waive any objection based on forum non conveniens.)

However, X5 Core reserves the right to seek injunctive or equitable relief in any jurisdiction to protect its intellectual property or confidential information.

Class Action Waiver

Where permitted under applicable law, you and X5 Core agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and X5 Core otherwise agree in writing, a court may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Miscellaneous Provisions

Entire Agreement: These Terms (along with any additional policies or terms referenced herein, such as our Privacy Policy, Cookie Policy, Acceptable Use Policy, or specific service agreements) constitute the entire agreement between you and X5 Core regarding your use of our site and services, and supersede any prior agreements or understandings (written or oral) on the subject.

No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of X5 Core.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. The invalid provision will be interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions shall remain in effect.

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.

Relationship: These Terms do not create any joint venture, partnership, employment, or agency relationship between you and X5 Core. Neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other.

Force Majeure: X5 Core will not be liable for any failure or delay in performance due to any cause beyond our reasonable control, such as acts of God, war, terrorism, civil unrest, strikes or labor disputes, internet or utility failures, pandemic, governmental acts or orders, or any other force majeure event.

Contact Information: If you have any questions or concerns about these Terms of Use, please contact us at:

X5 Core, LLC
Address: Tampa, FL
Email: [email protected]
Phone: +1 (888) 906-8090

By using our site and services, you acknowledge that you have read, understood, and agree to these Terms of Use. Thank you for choosing X5 Core for your digital service needs.