Terms of Use Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://nunomtavares.com/privacy-policy/). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.3 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

2.4 Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.

3.2 Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

• No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
• No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
• No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
• No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
• Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
• No Interference with Others' Enjoyment. Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
• No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
• No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
• No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
• No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
• No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
• No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
• No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
• Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

3.3 Geographic Restrictions

The Company is based in the United States of America, in the State of New Jersey. The Services are for use by persons located in the United States & Canada only. By choosing to access the Services from any location other than the United States or Canada, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States or Canada.

4.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:

• By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
• After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.

4.2 Order Submission

When you submit an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
• In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
• Upon submission of the order, users will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

4.3 Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that you will be charged.

4.4 Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

4.5 Retention of Usage Rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

5.1 Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

5.2 Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

5.3 Automatic Renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

5.4 Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Website. Termination will be effective at the end of the current billing period.

5.5 Termination Notice

If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

6.2 License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

6.3 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

• No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
• No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
• No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
• No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
• No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
• Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

6.4 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company's property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

7.1 User Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services. You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services. You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

7.2 License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company's business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy (https://nunomtavares.com/privacy-policy/) to the extent they relate to any User Content that contains any personally identifiable information.

7.3 Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards ("Content Standards"). User Content must not:

• Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
• Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
• Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
• Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another's privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
• Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
• Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.

7.4 Monitoring and Enforcement

We reserve the right at all times, but are not obligated, to:

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
• Remove or reject any User Content for any or no reason in our sole discretion.
• Disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

12.1 Third-Party Platform

We provide white-labeled HighLevel CRM services to our clients. You acknowledge and agree that HighLevel CRM is a third-party platform that we provide access to under our brand. The actual software, servers, and infrastructure are owned and operated by GoHighLevel.

12.2 Limitation of Liability

We are not responsible for any issues, outages, data breaches, or other problems that may occur with the HighLevel platform. This includes but is not limited to: Service interruptions or downtime Data loss or corruption Security breaches or unauthorized access to data Changes to the HighLevel platform's features or functionality Any other technical issues related to the HighLevel platform

12.3 Support for Platform Issues

For any issues related to the core functionality of the HighLevel platform, you acknowledge that you may need to contact GoHighLevel directly at gohighlevel.com.

12.4 Data Processing

When you use our white-labeled HighLevel CRM services, you acknowledge that your data may be processed according to GoHighLevel's own privacy policy and terms of service, in addition to our policies.

12.5 Service Continuity

We cannot guarantee the continued availability of the HighLevel platform or its features, as these decisions are made by GoHighLevel and are beyond our control.

12.6 Acceptance of Risk

By using our white-labeled HighLevel CRM services, you accept all risks associated with using a third-party platform and agree to hold us harmless for any issues arising from GoHighLevel's platform, services, or decisions.

13.1 AI-Powered Features

Our Services may include or incorporate artificial intelligence ("AI") technologies, including but not limited to:

• AI-powered text and voice agents for customer support
• Automated content generation and recommendations
• AI-enhanced analytics and reporting tools
• AI-driven quality assurance systems
• Natural language processing capabilities
• Voice recognition and speech-to-text conversion

13.2 Your Interactions with AI Systems

By using our AI-powered features, you acknowledge and agree that:

• You may be interacting with automated AI systems rather than human agents in some instances
• AI-generated responses and content are created through algorithmic processes
• AI systems may analyze patterns in your data and interactions to provide personalized services
• We will clearly disclose when you are interacting with an AI system versus a human agent
• You can request human intervention at any point during AI interactions

13.3 Data Collection for AI Systems

Our AI systems collect and process data from your interactions with our Services. This includes:

• Text inputs and responses in chats or messages
• Voice recordings when you use voice-enabled features
• Usage patterns and preferences
• Content you create or share through our Services
• Technical information about your use of the Services

All data collection and processing for AI purposes is subject to our Privacy Policy.

13.4 AI Training and Improvement

You acknowledge and agree that we may use data from your interactions with our Services to train, improve, and develop our AI systems, subject to the following conditions:

• We will anonymize and aggregate data when possible to protect your privacy
• We implement appropriate security measures to protect any data used for AI training
• We will not use your confidential business information to train AI systems without your explicit consent
• You can opt out of having your data used for AI training by contacting us at info@cbc-funding.com

13.5 AI-Generated Content

When our Services generate content using AI technologies:

• We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content
• You are responsible for reviewing and verifying any AI-generated content before using it for business or other purposes
• AI-generated content should not be relied upon as professional advice (legal, medical, financial, etc.)
• We reserve the right to monitor and moderate AI-generated content
• We may remove any AI-generated content that violates our policies or applicable laws

13.6 AI Voice Technologies

When using our AI voice technologies and services:

• Voice recordings may be processed to provide the requested service and to improve our systems
• You will be notified before voice recording begins
• Voice data may be transcribed into text for further processing
• We implement security measures to protect voice data from unauthorized access
• You can request deletion of your voice recordings by contacting info@cbc-funding.com

13.7 Intellectual Property for AI-Generated Content

With respect to content generated by our AI technologies:

• The Company retains all intellectual property rights in the AI systems and technologies themselves
• For content generated by our AI systems based on your inputs or instructions, you receive a license to use such content for your business purposes
• This license is non-exclusive, worldwide, and royalty-free
• You may not claim ownership of the underlying AI algorithms or models
• We reserve the right to generate similar content for other users
• You are responsible for ensuring your use of AI-generated content does not infringe third-party rights

13.8 AI Usage Limitations

You agree not to use our AI technologies to:

• Generate, upload, or distribute content that violates our Content Standards or applicable laws
• Create deepfakes or other misleading synthetic media without proper disclosure
• Impersonate individuals without their consent
• Engage in automated spamming or harassment
• Attempt to manipulate, test boundaries, or evaluate the AI systems in ways that could cause harm
• Attempt to extract training data, model parameters, or proprietary information
• Use the AI systems to develop competing products or services

13.9 Transparency and Human Oversight

We are committed to responsible AI use, including:

• Clear disclosure when content is AI-generated or when you are interacting with AI systems
• Maintaining human oversight and supervision of our AI systems
• Regular evaluation and testing of AI systems for bias, safety, and security
• Providing mechanisms for you to report concerns about AI-generated content or interactions
• Offering options to request human intervention when interacting with AI systems

13.10 Changes to AI Technologies

Our AI technologies are continuously evolving. We reserve the right to:

• Modify, update, or discontinue any AI features without prior notice
• Change how our AI systems process or use data
• Introduce new capabilities or restrictions to our AI features
• Adjust pricing for AI-powered features as technology and costs evolve

We will notify you of significant changes through updates to these Terms or direct communications.

13.11 Third-Party AI Technologies

Some of our AI-powered features may incorporate technologies from third-party providers. When using these features:

• Your data may be processed according to both our terms and the third-party provider's terms
• We have agreements with third-party AI providers to protect your data
• We are not responsible for changes, discontinuations, or issues caused by third-party AI providers
• We will make reasonable efforts to notify you of significant changes to third-party AI services

13.12 Assumption of Risk for AI Technologies

You acknowledge and accept that:

• AI technologies are rapidly evolving and may contain errors or limitations
• AI systems may occasionally produce unexpected, inaccurate, or inappropriate outputs
• The use of AI-generated content or decisions based on AI recommendations are at your own risk
• We are continuously improving our systems but cannot guarantee perfect performance
• You will exercise appropriate caution and judgment when using AI-generated content

14.1 Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your account and right to access and use the Services will terminate immediately. You agree that the Company shall have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement.

14.2 Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19.1 Governing Law

This Agreement and any dispute of any sort that might arise between you and the Company shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

19.2 Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New Jersey before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

19.3 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

19.4 Contact Information

If you have any questions about this Agreement, please contact us at:
CBC Funding LLC
Email: info@cbc-funding.com