CustomBuilderPro by GCMD - Terms & Conditions
Effective Date:** August 31, 2026
Last Updated:** August 31, 2026
1. Acceptance of Terms
By purchasing, accessing, or using any product, service, software, or platform provided by GCMD ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use our services. CustomBuilderPro is a division of GCMD.
These Terms apply to all clients, users, and others who access or use our GoHighLevel (GHL)-based products, marketing systems, lead generation services, CRM configurations, and any associated deliverables.
2. Description of Services
Our agency provides done-for-you digital marketing and lead generation systems built on the GoHighLevel platform. Services
may
include, but are not limited to:
- CRM setup, configuration, and customization
- Sales pipeline creation and management
- Automated email and SMS marketing campaigns
- Workflow and automation blueprint development
- Landing page and funnel design (optional)
- Website development and optimization (Duda)
- Reputation management and review generation
- Social media scheduling and management
- Ad campaign setup and management (Google, Facebook, LinkedIn)
- Conversation AI and voice AI agent configuration
- Reporting and analytics dashboards
- Ongoing consulting and support
3. GoHighLevel Platform Terms
Our services are delivered through or in conjunction with the GoHighLevel (GHL) platform. By using our services, you acknowledge and agree that:
3.1 GoHighLevel is a third-party platform with its own Terms of Service, Privacy Policy, and Acceptable Use Policy. You are independently responsible for reading and complying with GoHighLevel's terms at gohighlevel.com.
3.2 We are not GoHighLevel, Inc. We are an independent agency and authorized reseller/partner. We are not responsible for platform-level outages, feature changes, pricing adjustments, or data policies made by GoHighLevel.
3.3 If you are accessing GHL through a sub-account provisioned by our agency under a SaaS or white-label arrangement, your continued access to that sub-account is contingent upon your account remaining active and in good standing with us.
3.4 GoHighLevel features, integrations, and capabilities are subject to change at any time without notice from us. We will make reasonable efforts to communicate relevant platform changes that affect your account.
4. Account Access and Credentials
4.1 You are responsible for maintaining the confidentiality of your account credentials, including usernames and passwords associated with any GHL sub-account we provision for you.
4.2 You agree to notify us immediately of any unauthorized use of your account or any breach of security.
4.3 We reserve the right to access your GHL sub-account for purposes of setup, maintenance, troubleshooting, reporting, and service delivery as outlined in your SOW.
4.4 You may not share, transfer, or sublicense access to your GHL sub-account without prior written consent from us.
5. Fees, Payment, and Billing
5.1 All fees for services are outlined in your signed Service Agreement or SOW. Fees are due as stated therein, typically on a monthly, quarterly, or project basis.
5.2 We accept payment via credit card, debit card, or other methods as agreed upon in writing. All fees are in U.S. dollars unless otherwise stated.
5.3 Monthly recurring fees (including SaaS platform fees, AI usage, and messaging costs) are billed in advance at the beginning of each billing cycle.
5.4 Usage-based charges (including but not limited to SMS, email, phone, and AI credits) are billed based on actual consumption and may vary month to month. You are responsible for monitoring your usage within your account.
5.5 If payment is not received within 10 days of the due date, we reserve the right to suspend services, revoke access to your sub-account, or terminate the engagement.
5.6 All fees paid are non-refundable unless otherwise stated in writing or required by applicable law.
5.7 We reserve the right to adjust pricing with 30 days' written notice. Continued use of services after the notice period constitutes acceptance of the new pricing.
6. AI Features and Usage
6.1 Our services may include AI-powered tools such as Conversation AI, Voice AI, content generation, and reporting agents built within the GHL platform.
6.2 AI features are enabled on a per-account basis. You agree not to enable or share AI features with unauthorized users or accounts outside the scope of your agreement.
6.3 AI-generated content, conversations, and outputs are provided as-is and are not guaranteed to be accurate, complete, or appropriate for all purposes. You are solely responsible for reviewing, approving, and publishing any AI-generated content before it is sent to your leads, clients, or the public.
6.4 We are not liable for outcomes resulting from AI responses, including miscommunications, incorrect information delivered to prospects, or actions taken based on AI-generated recommendations.
6.5 AI and messaging credits are consumed based on usage. You are responsible for managing credit usage within your account to avoid service interruption.
7. SMS, Email, and Messaging Compliance
7.1 You agree to use all messaging features (SMS, email, voicemail drops, and ringless voicemails) in compliance with applicable federal and state laws, including but not limited to:
- The Telephone Consumer Protection Act (TCPA)
- The CAN-SPAM Act
- The A2P 10DLC registration requirements set by mobile carriers
- Any applicable state-level privacy and communications laws
7.2 You are solely responsible for obtaining proper consent from contacts before sending them marketing messages. We are not responsible for any fines, penalties, or legal actions arising from your messaging practices.
7.3 We strongly recommend completing A2P 10DLC brand and campaign registration before sending bulk SMS messages. Unregistered messaging may be filtered or blocked by carriers.
7.4 You agree not to use our services to send spam, unsolicited messages, or any content that violates carrier policies or applicable law.
7.5 We reserve the right to suspend your messaging capabilities immediately if we determine your account is generating unusually high opt-out rates, spam complaints, or is in violation of messaging regulations.
8. Data, Privacy, and Confidentiality
8.1 You retain ownership of all contact data, leads, customer information, and business data stored within your GHL sub-account.
8.2 We will not sell, share, or disclose your data to third parties except as required to deliver your services (e.g., GoHighLevel infrastructure, integrated platforms like Stripe, Twilio, or Mailgun) or as required by law.
8.3 You grant us permission to access your account data for the purposes of service delivery, optimization, and reporting.
8.4 Both parties agree to keep confidential any proprietary information, trade secrets, and business strategies shared during the course of the engagement. This obligation survives termination of the agreement.
8.5 You are responsible for your own compliance with applicable privacy laws, including GDPR, CCPA, and any other regulations relevant to your business and the personal data of your contacts.
9. Intellectual Property
9.1 All custom templates, workflows, funnel designs, email sequences, SMS scripts, automation blueprints, and other materials created specifically for your account by our agency are delivered to you as part of your paid engagement and may be used by you for your business operations.
9.2 Our agency retains rights to the underlying frameworks, methodologies, systems architecture, and general templates that are not unique to your business. We may use similar systems for other clients.
9.3 You may not resell, redistribute, or white-label our proprietary systems, templates, or workflows without prior written consent.
9.4 Any third-party software, platforms, or tools integrated into your GHL account remain the intellectual property of their respective owners and are subject to their own terms.
10. Prohibited Uses
You agree not to use our services or your GHL account to:
- Violate any applicable local, state, national, or international law or regulation
- Send unsolicited or deceptive communications of any kind
- Engage in any form of fraud, phishing, or identity theft
- Harvest or collect personal data without proper consent
- Promote illegal products, services, or activities
- Interfere with or disrupt the integrity of GHL's platform or our systems
- Attempt to gain unauthorized access to other accounts, systems, or networks
- Use AI features to impersonate a real person in a misleading or harmful way
- Engage in any activity that violates GoHighLevel's Acceptable Use Policy
We reserve the right to immediately suspend or terminate your account for any violation of this section without refund.
11. Limitation of Liability
11.1 To the maximum extent permitted by applicable law, our agency, its officers, employees, contractors, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or the GHL platform.
11.2 Our total aggregate liability for any claim related to our services shall not exceed the total fees paid by you to us in the three (3) months preceding the date of the claim.
11.3 We make no guarantees regarding specific business outcomes, lead volume, revenue, or conversion rates resulting from our services. Marketing results are influenced by many factors outside our control.
11.4 We are not responsible for data loss, system downtime, or service interruptions caused by GoHighLevel, third-party integrations, internet service providers, or events outside our reasonable control.
12. Disclaimers and Warranties
12.1 Our services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the merchantability, fitness for a particular purpose, or uninterrupted availability of our services.
12.2 We do not warrant that our services will be error-free, secure, or free from viruses or other harmful components.
12.3 Any advice, recommendations, or content provided by our agency is for informational and marketing purposes only and does not constitute legal, financial, or professional advice. You should consult qualified professionals for legal or regulatory matters specific to your business.
13. Term and Termination
13.1 These Terms remain in effect for the duration of your service agreement with us and continue until terminated by either party as specified herein.
13.2 Either party may terminate the engagement with 30 days’ written notice, unless otherwise specified in your Service Agreement.
13.3 We may terminate your access immediately and without notice for material breach of these Terms, non-payment, or conduct that poses a risk to our systems, other clients, or reputation.
13.4 Upon termination, you will retain ownership of your data. You are responsible for exporting your data from your GHL sub-account prior to termination. After account closure, we are not obligated to retain or provide access to your data.
13.5 Any fees owed prior to termination remain due and payable.
14. Dispute Resolution
14.1 In the event of a dispute arising from or related to these Terms or your service engagement, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute.
14.2 If a dispute cannot be resolved through negotiation, both parties agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in the state in which our agency is registered.
14.3 You waive any right to participate in a class action lawsuit or class-wide arbitration against our agency.
14.4 Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters involving intellectual property or confidentiality breaches.
15. Indemnification
You agree to indemnify, defend, and hold harmless our agency and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of our services or GHL platform
- Your violation of these Terms
- Your violation of any third-party rights, including privacy, intellectual property, or messaging regulations
- Your business operations, marketing activities, or communications with your own clients and leads.
16. Force Majeure
We shall not be held liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, war, pandemic, power outages, internet disruptions, or third-party platform failures (including GoHighLevel outages).
17. Modifications to Terms
We reserve the right to update or modify these Terms at any time. We will notify you of material changes via email or in-platform notification at least 14 days before the changes take effect. Your continued use of our services after the effective date of any update constitutes your acceptance of the revised Terms.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law principles.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms, together with your signed Service Agreement or Statement of Work, constitute the entire agreement between you and our agency with respect to the subject matter herein and supersede all prior agreements, understandings, and representations.
21. Contact Information
For questions, concerns, or notices related to these Terms and Conditions, please contact us:
GCMD / Granular Creative Marketing & Design
design@gcmd.agency
207-464-0116
P.O. Box 8188, Portland, ME 04104
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
