Welcome to Bryan Gemms. These terms and conditions govern your access to and use of the services provided by our agency, including SaaS packages leveraging the GoHighLevel platform and other related offerings. By accessing or using our website and services, you agree to be bound by these terms. If you do not agree to these terms, please refrain from using our services.
1. Services Provided
We provide SaaS solutions using the GoHighLevel platform, customized under our branding and name. Our services include, but are not limited to, marketing automation, CRM tools, email marketing, and more.
Custom GPTs
In addition to our core services, we offer custom-designed GPT tools to help customers in their businesses. These tools are provided free of charge and are not for sale. We offer two types of GPTs:
1. Public Custom GPTs: Available to anyone who subscribes to our newsletter, free of charge.
2. Professional Custom GPTs: Available exclusively to our clients who subscribe to our agency plans, also provided free of charge as an additional resource.
Please note that while we provide these GPT tools to support our customers, we do not guarantee their accuracy or effectiveness, and they are provided with no expectation of profit. For more on our disclaimers related to AI tools, see Section 9 below.
2. User Responsibilities
By using our services, you agree to:
• Provide accurate information when creating an account.
• Keep your account credentials secure.
• Use our services in compliance with all applicable laws and regulations.
• Not engage in prohibited activities, such as hacking or reverse engineering the platform.
3. Subscription Fees, Right of Withdrawal, and Payment Terms
We offer subscription-based services that require periodic payments. By subscribing to our services:
• You agree to pay the subscription fees as outlined in your chosen plan.
• Payment must be made via the payment methods we support.
• If payments are not received on time, we reserve the right to suspend or terminate your access to the services.
EU Right of Withdrawal
As a consumer residing in the European Union, you have the right to withdraw from the contract for the provision of services within 14 days from the date of subscription if you have not yet accessed the service.
Waiver of Right of Withdrawal for Digital Services
By subscribing to our service, you acknowledge and agree that:
1. The service will begin immediately upon subscription.
2. You waive your right to withdrawal once the service has started.
3. No refunds will be provided once access to the service has been granted and usage has commenced.
Cancellations and Terminations
You may cancel your subscription at any time by accessing your account settings or contacting us directly. Upon cancellation, your access to the services will continue until the end of your current billing period. No refunds will be provided for the remaining period of your subscription, but no further charges will be incurred after cancellation.
4. Refund and Cancellation Policies
Due to the nature of SaaS services, all subscription payments are non-refundable. Once a payment is made, you will have access to the service for the entire billing period, but no partial refunds will be granted if you choose to cancel before the period ends. See Section 3 for further details on cancellations and withdrawals.
5. Intellectual Property
All content provided by the Company, including software, designs, branding, and intellectual property rights, remains the property of Bryan Gemms or its licensors. You may not copy, modify, distribute, or reverse-engineer any part of our services without prior written permission.
6. Third-party Tools and Integrations
Our services may integrate with third-party tools or services to provide additional functionalities (such as email services, CRM integrations, etc.). We are not responsible for the practices, content, or availability of third-party services, and your use of such services is at your own risk.
7. Dispute Resolution and Governing Law
These Terms are governed by the laws of Spain, and any disputes will be subject to the jurisdiction of the courts of Spain. In the event of a dispute, you agree to attempt to resolve the issue with us informally before pursuing legal action.
8. Disclaimer of Warranties
We strive to provide reliable and quality services. However, we do not warrant that our services will always be available, error-free, or meet your expectations. All services are provided “as is” and “as available” without any warranties of any kind, either express or implied.
9. AI Tools and Liability Disclaimer
Our custom GPTs are designed to assist users with their tasks but we make no warranties regarding the effectiveness, accuracy, or results produced by these tools. While we aim to provide helpful and functional tools, AI-based systems are prone to mistakes and inaccuracies.
By using our custom GPTs, you acknowledge and agree that:
• We are not liable for any inaccuracies or errors resulting from the use of these AI tools.
• The GPT tools are designed to assist users, but we do not guarantee specific outcomes or accuracy of information provided.
• You will not hold us or our affiliates responsible for any business decisions made based on the outputs from the custom GPTs.
• No personal support will be provided by Bryan Gemms regarding the use of these GPTs. A dedicated custom GPT tool has been created to handle inquiries, but all use is based on your own judgment and responsibility.
10. Privacy Policy and GDPR Compliance
We respect your privacy and are committed to complying with the General Data Protection Regulation (GDPR) and the Ley Orgánica de Protección de Datos y Garantía de Derechos Digitales (LOPDGDD) of Spain, which regulate the collection and use of personal data. By using our services, you agree to the collection, storage, and processing of personal data as described in this section.
Personal Information Collected
When you subscribe to our services or newsletter, we may collect the following personal information:
• Name
• Email address
• Payment details (for subscriptions)
• Other relevant contact information
We use this data to provide the services you subscribe to, manage your account, send newsletters, and handle billing and customer support.
How We Protect Your Data
We take appropriate security measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. These include using secure data storage, encryption of sensitive information, and regular security audits.
Your Data Rights Under GDPR and LOPDGDD
As a user in Spain, you have the following rights concerning your personal data:
• Access: You may request access to the personal data we hold about you.
• Correction: You may request that we correct any inaccuracies in your data.
• Deletion: You have the right to request that we delete your data (this may affect your ability to use our services).
• Objection: You may object to certain types of processing, such as receiving marketing communications.
• Portability: You may request that we provide your data in a machine-readable format so it can be transferred to another service.
Cookies and Tracking Technologies
We use cookies and similar tracking technologies to enhance your experience on our website. Cookies are small data files stored on your device to help us remember your preferences, understand how you interact with our website, and improve our services.
• Necessary Cookies: These cookies are essential for the operation of our website and enable core functionalities such as security and user authentication.
• Performance and Analytics Cookies: These cookies help us analyze site usage to improve functionality and performance.
• Marketing and Advertising Cookies: These are used to deliver personalized ads and marketing messages based on your browsing history.
You can manage or block cookies by adjusting your browser settings, but please note that doing so may affect the functionality of our website.
11. Support Services Disclaimer
For all subscribers to our agency plans, please note that the support provided with these plans comes directly from the GoHighLevel platform, which is the underlying SaaS infrastructure that powers our services. Support is not provided by Bryan Gemms. While we strive to ensure a seamless experience for our clients, please direct all technical and support inquiries to the official channels provided by the GoHighLevel platform. Our role is to facilitate your use of the platform. For technical or support issues, direct your inquiries to the GoHighLevel support team.
12. Website Personalization Service
In addition to our core SaaS offerings, we provide an exclusive Website Personalization Service for our clients, aimed at delivering professional, responsive, and conversion-focused website design solutions to help your business grow. This service is offered by invitation only and is subject to availability.
Conditions of Service
1. Eligibility: The Website Personalization Service is available only to clients who have subscribed to one of our agency’s SaaS plans.
2. Limited Availability: The service is offered on a limited basis due to resource and time constraints. After subscribing to our agency’s services, you may receive an exclusive offer to access this service, subject to availability at the time.
3. Offer of Service: If we have availability to provide the Website Personalization Service, we will send you an exclusive offer with detailed information on how to move forward with your personalized website project. This offer will outline pricing, timelines, and the scope of services.
4. Acceptance of the Offer: Once you receive the exclusive offer, you will have a specific time frame in which to accept the terms and proceed. Acceptance is subject to the conditions laid out in the offer and will not be guaranteed beyond the stated deadline.
5. Separate Agreement: The Website Personalization Service is offered under separate terms from our core SaaS services. Upon acceptance of the offer, a new contract outlining the scope of work, project timeline, and pricing will be drawn up for the website project. The terms of this contract will be provided at the time of the offer.
6. Refund and Cancellation Policies: Since the Website Personalization Service involves custom work tailored to your specific needs, no refunds will be provided once the project has commenced. If you decide to cancel after agreeing to the project but before work begins, you may be entitled to a partial refund or deposit return based on the conditions outlined in the separate contract.
7. Disclaimers: While we aim to deliver high-quality, conversion-focused websites, we cannot guarantee specific performance results, such as traffic increases or sales, as these depend on multiple factors including market conditions, marketing efforts, and your business model.
13. Beta Features/Testing
From time to time, we may release beta features for testing purposes. These features are provided “as is” and may not function as expected. We are not liable for any issues arising from the use of beta features.
14. Changes to Terms and Privacy Policy
We reserve the right to update these Terms and our Privacy Policy from time to time to reflect changes in our services or applicable law. You will be notified of significant changes, and continued use of the services after such updates constitutes your acceptance of the revised terms.
15. Marketing and Communication
By subscribing to our services, you consent to receive marketing communications, newsletters, and updates from us. You may opt out of these communications at any time by following the instructions provided in the emails or contacting us directly.
16. Miscellaneous
• Entire Agreement: These terms constitute the entire agreement between you and Bryan Gemms concerning the use of our services.
• Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Failure to enforce any right or provision of these terms does not constitute a waiver of that right or provision.
For questions about our Terms, Conditions, and Policies, contact us via WhatsApp or email, or start a 24/7 conversation with our AI Chatbot by clicking the chat icon in the bottom right for instant, tailored information.
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