Disclaimer – This document is provided for general informational purposes and does not constitute legal advice. Golden Wheel Marketing (“Provider”) and its clients (“Clients”) should consult a qualified attorney to ensure this Service Agreement and Privacy Policy meet their specific legal needs and comply with all applicable laws.
1. Parties
This Service Agreement (the “Agreement”) is entered into by and between Golden Wheel Marketing, a New York corporation, and the individual or entity accepting these terms (the “Client”).
2. Purpose and Services
Golden Wheel Marketing provides business‑improvement services through a white‑label version of the Go High Level platform (the “Platform”). The Platform includes tools to help Clients capture leads, manage communications and streamline operations. By purchasing a subscription, Clients agree that their relationship is with Golden Wheel Marketing and that the Platform is provided under a licence from Go High Level.
2.1 Subscription Plans
Golden Wheel Marketing offers three subscription plans and an optional add‑on service. Clients may upgrade or downgrade by providing written notice. Prices are in U.S. dollars and exclude taxes.
PlanSet‑Up FeeMonthly FeeTrial PeriodIncluded ServicesBasic PlanUSD $197 (one‑time)USD $97/month after the trial14 days freeSmart website; automated forms; consultation booking calendar; missed‑call text back; SMS & email auto‑reply; basic analytics dashboard; usage charges billed separately.Premium PlanUSD $297 (one‑time)USD $197/month after the trial14 days freeEverything in Basic plus: client booking calendar system; conversational AI chatbot; Google review management; payment processing integration; auto social‑media DM replies; enhanced analytics & reporting; usage charges billed separately.Pro PlanUSD $497 (one‑time)USD $297/month after the trial14 days freeFull‑service marketing ready to dominate: everything in Premium plus multi‑channel marketing; SEO optimization tools; advanced funnel building; retargeting campaign setup; priority support.Add‑On ServiceN/AUSD $59/monthN/ABusiness listing & Google Business Profile optimization. Can be added to any subscription plan.
Usage charges: Voice, SMS or other telecommunications services may incur additional fees from third‑party carriers. Such charges are separate from subscription fees and remain the Client’s responsibility.
Third‑party terms: Some features rely on services provided by third parties (e.g., payment processors, telecom carriers). By using such services through the Platform, the Client agrees to abide by those third‑party terms. Golden Wheel Marketing is not responsible for the acts or omissions of third parties.
3. Subscription Term and Payment
Activation and trial: The subscription term begins when the Client completes sign‑up and pays the applicable set‑up fee. A 14‑day free trial follows. At the end of the trial, Golden Wheel Marketing automatically charges the Client’s stored payment method for the first monthly subscription fee. Billing continues monthly until cancelled under Section 8.
Payment method: The Client authorizes Golden Wheel Marketing (or its payment processor) to charge the set‑up fee and recurring monthly fees. The Client must provide accurate payment information and notify Golden Wheel Marketing of any changes. If a payment fails, Golden Wheel Marketing may suspend access until payment is received.
Non‑refund policy: Set‑up fees and monthly subscription fees are non‑refundable. Once a subscription is activated and unblocked, all sales are final and no pro‑rated refunds are issued.
Taxes: Fees exclude taxes. Clients are responsible for any taxes (excluding taxes on Golden Wheel Marketing’s income) arising from the subscription.
4. Limited Licence and Acceptable Use
Licence: Golden Wheel Marketing grants the Client a limited, non‑exclusive, non‑transferable, revocable licence to access and use the Platform for internal business purposes during the subscription term. The Client may not resell, distribute or provide access to the Platform to any third party.
Acceptable use: The Client agrees not to:
Use the Platform in violation of any applicable law, including telemarketing, privacy and data‑protection laws;
Upload or transmit malicious code, spam or unlawful material;
Attempt to reverse‑engineer or hack the Platform;
Use the Platform to send unsolicited marketing messages without proper consent.
Account security: The Client is responsible for safeguarding login credentials and will notify Golden Wheel Marketing promptly of any unauthorized access. Golden Wheel Marketing is not liable for damages resulting from failure to protect credentials.
5. Golden Wheel Marketing Obligations
Service delivery: Golden Wheel Marketing will use commercially reasonable efforts to provide the services described in the selected plan. The Platform may be modified to improve functionality or comply with law. When feasible, material changes that reduce functionality will be communicated in advance.
Support: Golden Wheel Marketing will provide reasonable support via email or other channels during normal business hours. Additional support may be offered for an extra fee.
6. Client Obligations
Compliance: The Client is solely responsible for ensuring that its use of the Platform (including SMS, voice and email communications) complies with all applicable laws and regulations, including obtaining any required consents.
Content rights: The Client represents that it owns or has rights to all content uploaded or distributed through the Platform and agrees to indemnify Golden Wheel Marketing for any claims arising from the Client’s content.
Usage charges: The Client remains responsible for usage fees charged by third‑party carriers.
7. Limitation of Liability and Disclaimer
Disclaimer of warranties: Golden Wheel Marketing provides the Platform and services “as‑is” and “as‑available,” with no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose or non‑infringement.
Limitation of liability: To the maximum extent permitted by law, Golden Wheel Marketing’s total liability for any claims under this Agreement will not exceed the total fees paid by the Client in the 12 months preceding the event giving rise to liability. Golden Wheel Marketing is not liable for indirect, consequential, special or punitive damages (including loss of business, revenue or data).
No lawsuit: By accepting this Agreement, the Client agrees not to initiate lawsuits or class actions against Golden Wheel Marketing for any reason arising from or related to this Agreement, including claims for loss of business or platform‑access issues. Disputes shall be resolved exclusively as provided in Section 11.
Third‑party services: Golden Wheel Marketing integrates services provided by third parties (e.g., payment processors, telecom carriers). Golden Wheel Marketing is not responsible for acts or omissions of third parties.
8. Cancellation and Termination
Client cancellation: The Client may cancel by providing written notice at least 15 days before the next billing date. If notice is not given in time, the next monthly fee will still be charged. After cancellation, the Client may continue to access the Platform until the end of the current billing cycle.
Provider termination: Golden Wheel Marketing may suspend or terminate access immediately upon notice if the Client breaches this Agreement, fails to pay fees or engages in unlawful or abusive use. Golden Wheel Marketing may also terminate the service for convenience by giving 30 days’ notice and refunding any prepaid monthly fees on a pro‑rated basis.
Effect of termination: Upon termination, the Client’s licence to use the Platform ends. The Client should export data prior to termination; Golden Wheel Marketing may delete Client data after a reasonable period. Obligations that, by their nature, should survive termination (e.g., payment of fees, limitations of liability, indemnification) will remain in effect.
9. Privacy Policy
9.1 Introduction
Golden Wheel Marketing respects the privacy of its Clients and their customers. This Privacy Policy explains how personal information is collected, used, disclosed and protected through the Platform.
9.2 Information We Collect
We may collect the following information:
Contact information: Names, email addresses, phone numbers and business addresses.
Account information: Usernames, passwords and preferences used to access the Platform.
Payment information: Billing details (processed by a third‑party payment processor). Golden Wheel Marketing does not store full credit‑card numbers.
Usage data: IP addresses, log data, browser types, device information and data about interactions with the Platform.
Client customer data: Information the Client inputs into the Platform (e.g., leads, contacts, communications). The Client is responsible for obtaining appropriate consents.
Call recordings: With consent where required by law, Golden Wheel Marketing may record calls to monitor quality or provide services. Recordings and transcripts may be stored securely but are not sold.
9.3 How We Use Information
We use personal information to:
Provide services: Set up accounts, deliver Platform functionality and support the Client.
Process payments: Collect fees and manage transactions via third‑party payment processors.
Communicate: Send account notices, updates and marketing communications (with consent), and respond to inquiries.
Improve services: Analyze usage to enhance functionality and customer experience.
Comply with legal obligations: Satisfy regulatory requirements and respond to lawful requests.
9.4 Sharing and Disclosure
Service providers: We may share information with third‑party companies that perform services on our behalf (e.g., hosting providers, payment processors, telecom carriers). These providers are given access only to the information necessary to perform their functions and must not use it for other purposes.
Business transfers: In the event of a merger, acquisition or sale of assets, personal information may be transferred as permitted by law.
Legal requirements: We may disclose information when required to do so by law, court order or government request.
No sales of personal data: We do not sell personal information to third parties.
9.5 Data Security
We implement technical and organizational measures to protect personal information against unauthorized access, disclosure or destruction. However, no method of transmission or storage is completely secure. Users should choose strong passwords and protect account credentials.
9.6 Data Retention
We retain personal information for as long as necessary to provide services, comply with legal obligations or resolve disputes. We may anonymize or delete data when it is no longer required.
9.7 User Rights
Depending on applicable privacy laws, users may have rights to access, correct, delete or restrict certain personal information; to object to processing; or to withdraw consent. To exercise these rights, please contact us (see Section 9.9).
9.8 International Transfers
If personal information is transferred outside of the country where it was collected, we will implement appropriate safeguards (such as standard contractual clauses) as required by law.
9.9 Contact Information
For privacy questions or requests, please contact:
Golden Wheel Marketing
Email: [email protected]
Phone: (973) 261‑8868
9.10 Changes to This Privacy Policy
Golden Wheel Marketing may update this Privacy Policy from time to time. We will post the updated policy on our website or through the Platform. Continued use of the services constitutes acceptance of any changes.
10. Indemnification
The Client agrees to indemnify, defend and hold harmless Golden Wheel Marketing, its affiliates and their respective directors, officers, employees and agents from and against all claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or related to the Client’s use of the Platform, any content submitted by the Client or its end‑users, or the Client’s violation of this Agreement or applicable laws.
11. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of New York, without regard to its conflict‑of‑law principles. The Parties agree to resolve disputes through good‑faith negotiations. If disputes cannot be resolved informally, the Parties consent to submit to the exclusive jurisdiction of the state or federal courts located in New York County, New York. The Client agrees to waive the right to participate in class actions or jury trials to the fullest extent permitted by law.
12. Miscellaneous
Entire agreement: This Agreement (including the incorporated Privacy Policy) constitutes the entire understanding between the Parties regarding the services and supersedes all prior agreements.
Amendments: Golden Wheel Marketing may modify this Agreement at any time by posting an updated version on its website or through the Platform. Continued use of the services after changes take effect constitutes acceptance of the revised terms.
Assignment: The Client may not assign this Agreement without Golden Wheel Marketing’s prior written consent. Golden Wheel Marketing may assign this Agreement to an affiliate or successor.
Severability: If any provision of this Agreement is found unenforceable, the remaining provisions will remain in effect.
No waiver: Failure by either Party to enforce any provision will not be deemed a waiver of future enforcement.
Intellectual property: All intellectual‑property rights in the Platform, documentation and any derivative works belong exclusively to Golden Wheel Marketing. The Client obtains no ownership rights and agrees not to copy, modify or create derivative works of the Platform.
13. Acceptance of Terms
By subscribing to the Basic Plan, Premium Plan, Pro Plan or Add‑On Service—or by otherwise accessing or using the Platform—the Client acknowledges that it has read, understands and agrees to be bound by this Service Agreement and Privacy Policy.