1. Acceptance of Terms

   a. These terms constitute a legally binding agreement made between you, (the user of the software) and Essential Connection Co. Services LLC. By using any software or services provided by The KEY, with Essential Connection Co. Services LLC (“ECC") ,you are agreeing to be bound to the terms of this Agreement. If you do not agree to these terms, you are prohibited from using the website, services, and platform. Therefore, must discontinue use immediately. ONCE YOU AGREE TO THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, AND OTHER AGREEMENTS PRESENTED BY ESSENTIAL CONNECTION CO. SERVICES LLC, THIS BECOMES A BINDING AND LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND ESSENTIAL CONNECTION CO. SERVICES LLC.

b. Changes or Modifications To The Terms

Essential Connection Co. (and The KEY) reserves the right to review and update the Terms of this Agreement at any time in our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of ECC or The Key thereafter. Your continued use of the Platform, Content or Services following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates and any modified terms.

2. Services

   The KEY with ECC provides a multitude of product integration and services for users on our Site, which you may subscribe to through our Site. No part of the services, and no content you have gained access to, may be copied, reproduced, distributed, sold, licensed, or otherwise exploited for commercial or other use, without our express prior written permission.

a. Age Restrictions.
You must be at least 18 years old to use The KEY Software. By using The KEY, you are telling us by your actions that you are 18 years old or older (you are representing and warranting that you are 18 years old or older). If you are under the age of 18, you may not use The KEY in any way.

b. No Guarantee

Although Essential Connection Co. Services LLC and The KEY work hard to provide quality Services, you understand and acknowledge can not ever guarantee any specific results in your business.

c. Temporary Interruptions

By agreeing to these Terms, you understand and agree that temporary interruptions of the Site may occur. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

d. Right to Modify the Services

By agreeing to these Terms, we reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.

e. No Contingency on Future Releases and Improvements.

You understand that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third party services or dependent on any public comments we make, regarding any future functionality or feature.

f. Team Members

Account registration is only available to Account Holders. However, Account Holders may add Team Members to their account and provide them with individual login credentials. Team Members do not have access to our Services and Content beyond the access Account Holders provide them with. Account Holders understand that they are wholly and completely responsible for maintaining the confidentiality of their username, password, and account. Furthermore, Account Holders are wholly and completely responsible for any and all activities that occur under their account, which includes but is not limited to Team Member activities that occur under their account.

2. Intended Use/Third Party Services & Content/Prohibited Uses

a. Intended Use.

As a Subscriber of ECC or The Key Platform, you represent and warrant that (1) any information you submit will be true, accurate, current, and complete. (2) you will maintain the accuracy of information and update information as necessary. (3) you agree to comply with legal terms. (4) you are not a minor in the jurisdiction where you reside, (5) you will not access services illegally through automated or non-human means. Whether through a bot, script, or otherwise. (6) you will not use the services for any illegal or unauthorized purpose. you may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to HighLevel, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

d. Third Party Services.
The KEY Platform may leverage or include access to Third Party Services. ECC or The KEY is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and ECC is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), ECC reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. HighLevel disclaims all liability related to outages or downtime of Third Party Services.

e. Third Party Content.
The KEY Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of ECC or The KEY. ECC or The KEY is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

f. No Endorsement

Essential Connection Co. Services LLC and The KEY neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

Essential Connection Co. Services LLC and The KEY may publish content featuring testimonials of our users, and any views or opinions expressed in such posts are personal and do not constitute or imply any approval, sponsorship or endorsement of Essential Connection Co. Services LLC and The KEY.

g. Code Of Conduct And Prohibited Uses of Platform

You understand that you may not use ECC or The KEY for any purpose other than in the way it was intended. As a user of this service, you agree that the following are considered Prohibited Uses of ECC or The KEY Platform. Engaging in any Prohibited Use of the platform or it's services, is breach of this Agreement, and ECC and The KEY may immediately suspend or termination your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation.Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

No Illegal Activity: Do not use ECC or The KEY for any illegal activity. You are not allowed to use ECC or The KEY to engage in any kind of conduct that violates, any applicable federal, state, local, or international law or regulation (including, without limitation, telecommunications regulations and any laws regarding the export of data or software to and from the U.S. or other countries) or conduct that infringes upon the use or rights of another person or entity. You are not to register a name, engage in, or upload any content into your account that is offensive, abusive, defamatory, pornographic, threatening, or obscene. Use of the Platform that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

You also agree not to use ECC or The KEY Software/Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms. Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. Impersonating or attempting to impersonate ECC, an ECC employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Any use that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Use that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

Content that contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

Behavior that breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on the Platform The KEY.

Behavior that impersonates any person or entity, including any of our employees or representatives.

You will not share our content with anyone who is not properly licensed to access the content created and hosted on The Software The KEY.

If you violate any of this Code of Conduct, we reserve the right to remove you and any of your content from The KEY Platform and cancel your membership. Whether conduct violates our Code of Conduct will be determined in our sole discretion.

3. Customizations/Restrictions

a. Customizations

Portions of the KEY Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for what you post, upload, modify within The KEY platform. You are solely responsible for any copyright, trademark or other intellectual property concerns connected with you or your company's customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Although we have no obligation to monitor any sub accounts with ECC or The KEY, we reserve the right to may remove or edit any of your modifications we consider are in breech of our terms and conditions at any time without advance notice and without liability to you.

c. Restrictions.

We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in HighLevel’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if HighLevel’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

4. Payment

   By agreeing to these Terms, you agree to provide current, complete, and accurate account and payment information. Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of service. By agreeing to these Terms, you agree to promptly provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change so we may successfully complete your transactions and contact you when needed.

Paused Accounts:

We may offer the option for you to “pause” your membership while maintaining your Account content on the KEY Platform, You understand that if you participate in any Paused Plan, you will not have access to log into your account or access your account on The KEY. Additionally, we may require you to disconnect your payment processor and/or domain to prevent any third party from accessing or viewing your account content.

a. Fees

If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscription provides tiered pricing for different levels of services and products based on the services you choose to use. In addition to our monthly subscription services, you may purchase add-in services for a one-time fee or recurring subscription fees. Fees may change from time to time.

b. Overdue Amounts

If, for any reason, your credit card declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

c. All Subscriptions Non-Refundable

No Refunds or Credits.

Your satisfaction with ECC and The Key Software is very important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing The Software and Content through ECC and The KEY, we have a no refund policy. You therefore acknowledge that we do not offer refunds for any portion of your payment and no refunds will be provided to you at any time, and no payments will be pro-rated. By using and/or purchasing ECC or The KEY, you understand and agree that all sales are final, and no refunds will be provided.

Since ECC and The KEY has a clear and explicit refund policy in these Terms that you have agreed to, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

d. Cancellations

You understand that you are able to cancel your services anytime, and are solely responsible for the cancellation associated with your account. You acknowledge you are responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account. The cancellation will become effective at the end of the then-current billing cycle. Furthermore, upon cancellation, we cannot guarantee that any content in your account will be available after termination, and we have no obligation to keep content stored. Therefore, ECC and The KEY shall not be held responsible for the loss of any content upon cancellation or termination of a Plan nor shall we be liable to the Account Holder for their inability to access Account Holder Content arising from any cancellation, including any claims of interference or contractual relations.

e. Affiliate Program

By agreeing to these Terms, you understand that ECC and the KEY offer an Affiliate Program under which customers may earn commissions for referring new accounts to The KEY. Your participation in the Affiliate Program is subject to (1) ECC’s approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. (2) You must establish a payment account linked to your KEY account in order to receive commission payouts. Earned commissions may be forfeited if ECC is unable to submit payment to your payment account for any reason.

f. Account Holder Testimonials

We provide opportunities for account holders to submit feedback, testimonials and ideas for improvements related to ECC or The KEY Software. By posting or submitting any material such as text, photos, designs, graphics, images or videos, or other materials, you are representing to us that you are the owner of all such materials. You acknowledge and agree that the feedback, testimonials or ideas of improvement that we receive from you are not confidential and you authorize us to use it along with your identity (name, or screen name) without restriction and without payment to you. This includes any text, photos, designs, graphics, images, videos or other contributions created by you or us for any purposes, including commercial purposes and advertising.

4. Use of Communication Services.

   The KEY Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. ECC or The KEY are not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. The KEY with ECC is a technology platform communication service application provider ONLY. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

5. Intellectual Property

a. Content

For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Essential Connection Co. Services LLC, The KEY, or its Affiliates.

b. Ownership of Content

By accepting these Terms, you agree that all content presented to you on this Site, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, other data or copyrightable materials or content, and their selection and arrangement, is and remains the sole property of Essential Connection Co. and The KEY unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. ECC, and The KEY information including our trademarks, may not be modified by you in any way.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN THE KEY, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

The Content provided by ECC and The KEY is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Essential Connection Co. Services LLC, The KEY, or its Affiliates.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Essential Connection Co. Services LLC, The KEY or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Essential Connection Co. Services LLC, The KEY, or its Affiliates.

Our logos or trademarks featured in any third party website do not constitute or imply any approval, sponsorship or endorsement of Essential Connection Co. Services LLC, The KEY.

c. Limitations on Use of Content

Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

d. No warranty for Third-Party Infringement

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

e. ECC an The KEY Account Holder Content Ownership and Terms

Any content that you upload to the Platform or personally create is and remains your content.

You agree that by uploading your Account Holder Content to our Platform, you are allowing us, or our affiliates or vendors, to store your content. You are uploading your Account Holder Content to the Platform at your discretion and we do not in any way certify or provide approval or permission prior to you uploading your content. We may review your Account Holder Content for any reason, including compliance with our Code of Conduct in this Agreement and prohibited content requirements, but we have no obligation to review anything that you upload. You understand and agree that when you upload your Account Holder Content to our Platform, you authorize us, if need be, to access your account and Account Holder Content to assist with any issue you may encounter with your account.

You own and retain all rights to your data and your code for customizing the Essential Connection Co. Services LLC, The KEY platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Account Holder Content you submit. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy. We respect the intellectual property rights of our users, and we ask you to do the same. In instances where we are notified of alleged infringement, Essential Connection Co. Services LLC, The KEY a decision may be made to remove access or disable access to such materials.

7. Data Stored on Our Servers

   Subject to our Privacy Policy (https://thekey.essentialconnection.co/privacy), you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.

   8. Privacy & Security

   a. Login Required

   When you register to ECC or The KEY, you will be required to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

   b. Passwords & Security

   By setting up an account with ECC or The KEY, you will be required to register to use the services. you agree that you will keep your log in information and credentials private and secure. You are solely responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account.

   c. Non-Transferability of User Account

   Your user account is non-transferable. All users are obligated to take preventative measures to prohibit unauthorized users from accessing ECC, The KEY, or any of your account passwords.

9. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT ECC HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT ECC IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

ECC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

10. Disclaimer: Limitation of Liability

    You acknowledge and agree that Essential Connection Co. and The KEY Software are not liable for damages arising out of or related to your breach of this Agreement and losses or success that may result from your use of the Platform, Content, or Services. We also require that you understand and agree that any claims for damages against Essential Connection Co. or The Key Software will be limited to the fees you have paid us in the 12 months prior to the accrual of any claim. In addition, any cause of action or claim you may have relating to these terms or the platform must be commenced within three (3) months of when the claim occurred.

    Essential Connection Co. and the Software The KEY, make NO representations and disclaim any warranties or conditions of satisfactory quality. ECC is free of malware or any harmful components. ECC and The Key makes NO representation or endorse, guarantee, or assume responsibility for any third party applications, Account Holder content, products, devices, service, or any other product or service advertised on the Platform. ECC is not responsible for any advice, service, or transaction between an Account Holder and any third party providers.

Limitation On Time Of Claim

YOU AGREE THAT ANY CLAIM AGAINST ECC MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT WITHIN ONE (3) MONTHS AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. *Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

11. Terms For Termination of Use

a. Grounds for Termination

You agree that ECC and The KEY, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. ECC reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.

b. No Right to Services Upon Termination

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. ECC is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

c. How to Terminate or Make Adjustments

If you, for any reason, would like to terminate your access to our Site or make adjustments, ECC and the Key requires written notice at least 30 days before your next billing date.

d. No Termination by Third Party Users

Essential Connection Co. and The KEY has limited access to subscriptions not directly purchased from us. Any user who has been given access to our Site by any party other than ECC or The KEY, must contact the party who originally provided access to our Site for any inquiries related to termination.

e. Authorization to transfer your Account to another WhiteLabel GoHighLevel agency:

ECC/The KEY may be able to export your contacts with a written request to [email protected]. If you would like to transfer any content that has been built or added into the software by You, the Account Holder, there will be a $500 (five-hundred dollar) fee to purchase the content 'Snapshot'. (Any proprietary content created by ECC or The KEY will not be transferable.) You must provide written notice to support at [email protected] to begin this process. Upon receipt of the email request and payment of the $500 fee, ECC and The KEY will approve the transfer to the new agency of choice. *The WhiteLabel GoHighLevel agency you would like to move to must initiate the request for GoHighLevel to move your account to them.

You are strictly prohibited from any use of Content (including without limitation Essential Connection Co. or The KEY training materials or handbook content materials.) outside of The Key, or sharing content in any way without our consent.

12. Communications and Contact Information

If you have questions or concerns regarding these Terms of Use, the Platform, Services, or Content, you may contact Us via the “Contact” information on our website, or by physical or electronic mail at the address below.

Note: Essential Connection Co. and The Key Software Service office is not open to the public

All notices to a party shall be in writing and shall be made via email. Notices to ECC or The KEY must be sent to

[email protected]

You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

ECC or The KEY may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from ECC or The KEY, you can click on the “unsubscribe link” provided in such communications or contact us.

When you create a Platform Account with ECC or The KEY, you must designate a primary email address that will be used for receiving electronic communication related to these terms. We will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Essential Connection Co. Services LLC and The KEY, do not respond to the email and notify us by emailing us at support (at) [email protected]

Terms and Conditions updated: November 17, 2023