Terms of Service

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE HORIZONLOGIX PLATFORM OR SERVICES. THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

These Terms of Service ("Terms") govern your access to and use of the services, software, platform, and website provided by Horizon Logix LLC, a limited liability company operating under the trade name HorizonLogix ("HorizonLogix," "we," "us," or "our"), located at 5900 Balcones Drive STE 100, Austin, Texas 78731. These Terms form a binding legal agreement between you ("User," "you," or "your") and HorizonLogix.

HorizonLogix provides marketing automation, CRM, and business management services powered in part by the GoHighLevel platform (operated by HighLevel Inc.). Your use of our services is also subject to HighLevel's underlying terms where applicable, but your direct contractual relationship is with Horizon Logix LLC.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services — including opting into our SMS or email communications programs — you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity and authority to enter into a binding agreement
• If acting on behalf of a business entity, you are authorized to bind that entity to these Terms
• All information you provide to HorizonLogix is accurate, current, and complete
• Your use of our services complies with all applicable laws and regulations

We reserve the right to modify these Terms at any time. Changes take effect immediately upon posting. Your continued use of our services following any update constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

HorizonLogix offers a suite of digital marketing, CRM, and business automation services, which may include:

• Customer relationship management (CRM) software and pipeline tools
• Email, SMS, and multi-channel marketing automation
• Website and funnel building tools
• Appointment scheduling and calendar management
• Reputation management and review generation
• Reporting, analytics, and business intelligence dashboards
• AI-powered automation features
• Additional add-on services as offered from time to time

Services are provided on a subscription basis and may vary by plan. HorizonLogix reserves the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice where practicable.

3. Account Registration and Security

To access our services, you must register for an account. You agree to:

• Provide accurate and complete registration information
• Maintain the confidentiality of your login credentials
• Notify HorizonLogix immediately of any unauthorized access or suspected security breach
• Accept responsibility for all activities that occur under your account
• Enable two-factor authentication (2FA) as recommended for account security

HorizonLogix reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a security risk. Platform accounts are non-transferable without prior written consent from HorizonLogix.

4. Fees, Payment, and Billing

4.1 Subscription Fees

Access to HorizonLogix services requires payment of applicable subscription fees as set out in your selected plan. All fees are stated in U.S. dollars and are due in advance on a monthly or annual basis, as applicable.

4.2 Payment Authorization

By providing payment information, you authorize HorizonLogix to charge your payment method for all applicable fees, including recurring subscription charges, usage-based fees, and any applicable taxes. You are responsible for keeping your payment information current.

4.3 Communication Surcharges

Use of SMS, MMS, email, and voice call features may incur additional communication surcharges beyond your base subscription fee. These charges will be billed to your account and reflect actual usage costs. Rates are subject to change based on carrier pricing.

4.4 Late Payments and Suspension

Failure to pay fees when due may result in suspension of your account. HorizonLogix may charge interest on overdue amounts at the maximum rate permitted by applicable law. You are responsible for all costs associated with collecting overdue amounts, including reasonable attorneys' fees.

4.5 Refund Policy

All subscription fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement. If you cancel your subscription, you will retain access to your account through the end of the current billing period.

4.6 Taxes

You are solely responsible for all taxes, duties, and levies applicable to your use of our services and your business operations. HorizonLogix does not provide tax advice and is not responsible for calculating, collecting, or remitting taxes on your behalf.

5. Acceptable Use Policy

You agree to use HorizonLogix services only for lawful purposes and in a manner consistent with these Terms. You must not use our services to:

• Violate any applicable federal, state, local, or international law or regulation
• Send unsolicited commercial messages (spam), phishing emails, or deceptive communications
• Contact individuals who have not given proper consent as required by applicable law
• Transmit any material that is defamatory, obscene, harassing, threatening, or discriminatory
• Infringe upon the intellectual property rights of any third party
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems, networks, or data
• Reverse engineer, decompile, or disassemble any part of our platform or software
• Resell or sublicense our services without prior written authorization from HorizonLogix
• Use our services to compete with HorizonLogix or HighLevel Inc.
• Engage in any activity that places an unreasonable or disproportionate load on our infrastructure

HorizonLogix reserves the right to monitor platform use and to suspend or terminate access for violations of this policy at its sole discretion.

6. SMS and Mobile Messaging Program

HorizonLogix operates an SMS and mobile messaging program subject to these Terms and applicable telecommunications regulations, including the Telephone Consumer Protection Act (TCPA) and carrier A2P 10DLC requirements.

6.1 Program Description

HorizonLogix may send SMS and email messages to users who opt in. Messages may include promotional offers, service updates, appointment confirmations, and appointment reminders. Message frequency may vary based on your interactions and preferences.

6.2 Consent to Receive Messages

By providing your phone number and opting in through our website, forms, or other enrollment methods, you expressly authorize HorizonLogix to send text messages to your mobile number. Consent to receive SMS messages is not a condition of purchase. Standard message and data rates may apply based on your mobile carrier plan.

6.3 Opt-Out

You can cancel the SMS service at any time. Just text STOP to (346) 472-5204. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You may also opt out by contacting us directly at support@horizonlogix.com.

6.4 Opt-In Again

If you want to rejoin after opting out, you can opt in again using the same method you used to enroll originally.

6.5 Help and Support

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at support@horizonlogix.com or (346) 472-5204.

6.6 Message Frequency and Rates

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6.7 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

6.8 SMS Privacy

Your use of the messaging program is also governed by our Privacy Policy. Mobile phone numbers and SMS opt-in data will not be shared with third parties or affiliates for marketing or promotional purposes.

7. Communications Compliance

HorizonLogix provides communication tools as a technology platform only. You, and not HorizonLogix, are the sender of all communications initiated through our platform for all legal and regulatory purposes. You are solely and exclusively responsible for:

• Compliance with the Telephone Consumer Protection Act (TCPA) and its implementing regulations
• Compliance with the CAN-SPAM Act of 2003
• Compliance with the Telemarketing Sales Rule (TSR)
• Compliance with all applicable state telemarketing laws and do-not-call requirements
• Compliance with carrier requirements including 10DLC registration
• Compliance with international communications laws including GDPR and Canada's Anti-Spam Legislation (CASL)
• Obtaining all required consents from recipients prior to sending communications
• Maintaining accurate records of consent and opt-out requests
• Honoring opt-out and unsubscribe requests promptly

Any compliance-related features provided within the platform are offered for your convenience only and do not constitute legal advice. HorizonLogix disclaims all liability for the content or legality of communications sent through the platform.

8. Data, Privacy, and Security

8.1 Your Data

You retain ownership of all data, content, and information you submit to or generate through the HorizonLogix platform ("Your Data"). By using our services, you grant HorizonLogix a limited, non-exclusive license to process Your Data solely to provide and improve the services.

8.2 Customer Data Responsibility

When you collect and process data from your own customers through the HorizonLogix platform, you are the data controller for that information. You are solely responsible for:

• Implementing your own compliant privacy policy and terms of service for your customers
• Obtaining all required consents from your customers for data collection and processing
• Responding to data subject rights requests (access, deletion, correction, portability) from your customers
• Complying with all applicable data protection laws including GDPR, CCPA, CPRA, and similar regulations
• Notifying affected individuals and authorities of any data breaches as required by law

8.3 Platform as Processor

HorizonLogix and its underlying platform provider, HighLevel Inc., act as data processors when handling your customers' personal data. Our processing activities are governed by our Privacy Policy, available at www.horizonlogix.com/privacy-policy.

8.4 Security

HorizonLogix employs commercially reasonable technical and organizational measures to protect your data. However, no system is completely secure. You are responsible for implementing appropriate security practices on your end, including maintaining strong passwords and enabling two-factor authentication.

9. Artificial Intelligence Features

HorizonLogix may offer AI-powered features as part of its services. By using these features, you acknowledge and agree that:

• AI-generated content and suggestions are provided for informational purposes and may not always be accurate or appropriate
• You are responsible for reviewing, verifying, and approving all AI-generated content before use
• You must ensure AI features are used in compliance with applicable laws in your jurisdiction
• HorizonLogix does not use your personal data to train public or generalized AI models
• AI processing is limited to the specific services you are using

HorizonLogix makes no warranty regarding the accuracy, completeness, or fitness for purpose of any AI-generated output. You assume full responsibility for any decisions made based on AI-generated content.

10. Third-Party Services and Integrations

Our platform may integrate with or provide access to third-party services, applications, and tools. You acknowledge that:

• Third-party services are governed by their own terms of service and privacy policies
• HorizonLogix makes no representations or warranties regarding third-party services
• HorizonLogix is not liable for any acts or omissions of third-party service providers
• You use third-party integrations at your own risk and are responsible for compliance with their terms
• HorizonLogix may modify or discontinue third-party integrations at any time

This includes but is not limited to payment processors, email delivery services, SMS carriers, social media platforms, and Google services. When connecting third-party services, you authorize data sharing as necessary to facilitate the integration.

11. Intellectual Property

11.1 HorizonLogix Property

All rights, title, and interest in and to the HorizonLogix platform, software, branding, logos, and documentation are and remain the exclusive property of Horizon Logix LLC and its licensors (including HighLevel Inc.). These Terms do not grant you any ownership rights in our platform or services.

11.2 Your Content

You retain all intellectual property rights in content you create or upload to the platform. By submitting content, you grant HorizonLogix a non-exclusive, royalty-free license to use, store, and process that content solely as necessary to provide the services.

11.3 Restrictions

You may not copy, modify, distribute, sell, sublicense, or create derivative works of any part of our platform or services without prior written consent from HorizonLogix. You may not remove or alter any proprietary notices, labels, or branding.

12. Confidentiality

During the course of using our services, you may have access to non-public, proprietary, or confidential information belonging to HorizonLogix ("Confidential Information"). You agree to:

• Keep Confidential Information strictly confidential
• Use Confidential Information only as necessary to use our services
• Not disclose Confidential Information to any third party without prior written consent
• Take reasonable steps to protect Confidential Information from unauthorized disclosure

This obligation does not apply to information that is or becomes publicly available through no fault of yours, or that you are required to disclose by law or court order.

13. Disclaimers and Limitation of Liability

13.1 Disclaimer of Warranties

THE HORIZONLOGIX PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HORIZONLOGIX DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HORIZON LOGIX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total cumulative liability to you for any claims arising under these Terms shall not exceed the total fees paid by you to HorizonLogix in the three (3) months preceding the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless Horizon Logix LLC, its members, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the HorizonLogix platform or services
• Your violation of these Terms or any applicable law or regulation
• Your communications sent through the platform, including SMS messages
• Your data or content submitted to the platform
• Any dispute between you and your customers or end users
• Your failure to obtain required consents or comply with data protection and telecommunications obligations

15. Term and Termination

15.1 Term

These Terms remain in effect for as long as you maintain an active account with HorizonLogix or use our services.

15.2 Termination by You

You may cancel your subscription at any time by contacting HorizonLogix at support@horizonlogix.com or through your account settings. Cancellation will take effect at the end of your current billing cycle. No refunds will be issued for unused portions of a subscription period.

15.3 Termination by HorizonLogix

HorizonLogix may suspend or terminate your account immediately and without notice if you:

• Violate any provision of these Terms
• Engage in fraudulent, illegal, or harmful conduct
• Fail to pay fees when due
• Use the platform in a manner that threatens security or infrastructure integrity

15.4 Effect of Termination

Upon termination, your right to access and use the platform ceases immediately. HorizonLogix may delete your account data in accordance with our data retention policies. Provisions that by their nature should survive termination shall survive, including Sections 11, 13, 14, 16, and 17.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before initiating any formal dispute, you agree to contact HorizonLogix at legal@horizonlogix.com and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved quickly through this process.

16.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer or Commercial Arbitration Rules, as applicable. The arbitration shall take place in Austin, Texas, or via remote hearing. The arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

YOU AND HORIZONLOGIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

16.4 Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in Travis County, Texas.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements or order forms executed between the parties, constitute the entire agreement between you and HorizonLogix regarding the subject matter herein and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

HorizonLogix's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be made in writing and signed by an authorized representative of HorizonLogix.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without the prior written consent of HorizonLogix. HorizonLogix may assign these Terms, including in connection with a merger, acquisition, or sale of assets, without restriction.

17.5 Force Majeure

HorizonLogix shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, government actions, power failures, or internet outages.

17.6 No Professional Advice

Nothing in these Terms or on our platform constitutes legal, tax, financial, medical, or professional advice. You should consult qualified professionals for advice specific to your situation and jurisdiction.

17.7 Notices

All legal notices to HorizonLogix must be sent in writing to: Horizon Logix LLC, 5900 Balcones Drive STE 100, Austin, Texas 78731, or via email to legal@horizonlogix.com. We may provide notices to you via the email address associated with your account or through the platform.

18. Contact Us

If you have questions about these Terms of Service or our messaging programs, please contact us: