SaaS Subscription & License Agreement

LenderLift LLC | 25 SE 2nd Ave Ste 550, Miami FL 33131

1. Software License & Access

The Service: The Company (LenderLift LLC) grants the Client a non-exclusive, non-transferable, revocable license to access and use the LenderLift software platform ("The Service") based on the selected subscription plan.

White-Label Infrastructure: The Client acknowledges that The Service is hosted on and supported by third-party underlying infrastructure (including but not limited to GoHighLevel, Twilio, Stripe, and Mailgun/LeadConnector).

Platform Availability: The Company aims for a 99.9% uptime goal. However, the Company is not liable for outages, bugs, or feature deprecations caused by upstream third-party infrastructure providers.

2. Fees, Billing, and Usage Costs

Subscription Billing: By completing this purchase, the Client authorizes the Company to charge the payment method on file for the core recurring subscription (Monthly or Annual). All subscription fees are strictly non-refundable.

Usage-Based Fees & Auto-Recharge: The platform utilizes telecommunications and AI features (SMS, Voice Calls, Emails, Premium AI triggers) that incur per-use costs.

The Client agrees to maintain a positive "Wallet" balance within the platform to cover these usage fees.

The Client authorizes the Company to automatically charge the payment method on file to recharge the Wallet when the balance falls below the platform's minimum threshold.

Usage rates are subject to change based on upstream provider costs.

Account Suspension: If a subscription payment or a Wallet auto-recharge fails, all access to the platform, including active workflows and messaging campaigns, will be suspended immediately until the account is brought current.

3. Compliance, A2P 10DLC, & Acceptable Use

A2P 10DLC Registration: To send SMS messages to U.S. numbers, the Client must complete A2P 10DLC (Application-to-Person) business registration and campaign verification within the platform. The Company is not responsible for delayed, rejected, or blocked messages due to the Client's failure to complete this carrier-mandated registration.

TCPA & CAN-SPAM Compliance: The Client is strictly responsible for complying with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all local telemarketing regulations. The Client warrants that all contacts have provided explicit, verifiable consent (opt-in) prior to receiving SMS or email communications.

Zero Tolerance Spam Policy: If the Client’s account is flagged for high bounce rates, spam complaints, or carrier violations, the Company and its upstream telecom providers reserve the right to instantly suspend or terminate messaging capabilities or the entire account without a refund. The Client agrees to indemnify the Company against any fines or legal claims arising from their outreach practices.

4. Data Usage & Ownership

Client Data: Any contacts, pipelines, and data uploaded by the Client remain the property of the Client.

Data Portability: Upon cancellation, the Client is responsible for exporting their data (via CSV) prior to the end of their billing cycle. The Company is not responsible for data lost after an account is terminated or suspended for non-payment.

5. Support and Maintenance

Support Scope: The Company provides technical support via [Email/Chat/Ticket System] for platform usability. However, the Company does not guarantee the success of the Client's marketing campaigns, funnels, or sales outcomes.

Feature Updates: Because the platform relies on third-party architecture, features may be added, altered, or removed without prior notice.

6. Term and Termination

Cancellation: The Client may terminate this Agreement by providing written notice or cancelling via the billing portal. Termination takes effect at the end of the current paid billing cycle.

No Pro-rating: No pro-rated refunds shall be provided for mid-cycle cancellations or unused Wallet balances.

7. Limitation of Liability & Disputes

Liability Cap: The total liability of LenderLift LLC under this Agreement shall not exceed the total fees paid by the Client in the three (3) months preceding the claim.

No Indirect Damages: The Company is not liable for lost profits, lost leads, blocked communications, or business interruption.

Chargeback Policy: The Client agrees to notify the Company in writing and allow fourteen (14) days for a good-faith resolution before initiating a chargeback dispute with their bank. Initiating a chargeback without contacting the Company will result in immediate account deletion.

Governing Law: This Agreement is governed by the laws of the State of Florida. Any disputes shall be resolved exclusively through arbitration in Florida under the rules of the American Arbitration Association.

ELECTRONIC ACCEPTANCE NOTICE: By completing this purchase and accessing the Service, the Client acknowledges and agrees to be bound by the terms of this SaaS Subscription & License Agreement. Successful payment constitutes express acceptance of all terms, including the recurring subscription billing, the Wallet auto-recharge authorization for usage fees, and strict adherence to messaging compliance regulations. This Agreement is effective as of the date of the initial purchase.