TERMS AND CONDITIONS / END USER LICENSE AGREEMENT (EULA)
Last Updated: October 25, 2025
PLEASE REVIEW THIS AGREEMENT CAREFULLY. IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES WHEN USING THE SOFTWARE AND CONTAINS IMPORTANT LIMITATIONS, DISCLAIMERS, AND A DISPUTE RESOLUTION REQUIREMENT.
BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR ACCESSING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MUST NOT USE OR ACCESS THE SOFTWARE.
This End User License Agreement (“Agreement”) is a binding contract between you (“Licensee” or “End User”) and Business Growth Builders LLC (“Company,” “we,” or “us”).
In exchange for access to the Software and related services, the parties agree as follows:
1. DEFINITIONS
1.1 For the purposes of this Agreement, the terms below have the following meanings:
- “Agreement” refers to this End User License Agreement and all incorporated policies, including the Privacy Policy available at https://albemarlespotlight.com/privacy, as well as any future modifications posted by the Company.
- “Company” means Business Growth Builders LLC and its affiliates, officers, directors, employees, contractors, suppliers, licensors, and assigns.
- “Confidential Information” means all non-public information disclosed by the Company in any form, including trade secrets, technology, pricing, business plans, and proprietary processes.
- “Content License” has the meaning set forth in Section 4.2(b).
- “Defaulting Party” has the meaning in Section 10.2(c).
- “Disagreement” has the meaning in Section 13.2.
- “Intellectual Property” means all rights associated with software code, architecture, branding, trademarks, documentation, templates, workflows, and derivative works owned by the Company.
- “License” has the meaning in Section 4.2(a).
- “Licensee” means the individual or entity using or accessing the Software.
- “Licensee Content” means any content or data submitted, uploaded, stored, or transmitted through the Software by the Licensee.
- “Results” means any output generated through the Software based on Licensee Content or system processes.
- “Software” means the Business Growth Builders software platform, including CRM, messaging, automation, and AI features, along with associated documentation and architecture.
- “Subscription Fee” has the meaning in Section 3.1.
- “Term” means the duration of this Agreement as described in Section 11.1.
- “Territory” means Canada and the United States of America.
- “User(s)” means individuals authorized by the Licensee to access and use the Software.
2. SUBSCRIBING ORGANIZATION
If you are accessing or using the Software on behalf of a company or other business entity (“Subscribing Organization”), you represent and warrant that you are authorized to bind that entity to this Agreement. All references to “you” or “Licensee” apply to both you individually and the Subscribing Organization.
3. FEES
3.1 The Licensee must pay the applicable Subscription Fee according to the billing plan chosen at registration. All fees are non-refundable and are not prorated upon early cancellation.
3.2 The Licensee is responsible for all applicable taxes, except those based on the Company’s income.
3.3 The Company may adjust Subscription Fees at any time. Continued use of the Software after a pricing change constitutes acceptance of the updated fees.
3.4 Additional features or usage-based services (such as phone numbers, messaging tools, or premium integrations) may incur additional charges until canceled in writing via carl@businessgrowthbuilders.com.
3.5 Not using the Software does not relieve the Licensee from payment obligations.
3.2 The Licensee is responsible for all applicable taxes, except those based on the Company’s income.
3.3 The Company may adjust Subscription Fees at any time. Continued use of the Software after a pricing change constitutes acceptance of the updated fees.
3.4 Additional features or usage-based services (such as phone numbers, messaging tools, or premium integrations) may incur additional charges until canceled in writing via carl@businessgrowthbuilders.com.
3.5 Not using the Software does not relieve the Licensee from payment obligations.
4. LICENCES
4.1 The Software is provided via remote access and hosted by the Company.
4.2 (a) The Company grants the Licensee a personal, limited, revocable, non-transferable, and non-exclusive license to use the Software during the Term.
(b) The Licensee grants the Company a worldwide, royalty-free, irrevocable license to process and utilize Licensee Content as necessary to operate and maintain the Software.
4.3 The Licensee may not:
4.2 (a) The Company grants the Licensee a personal, limited, revocable, non-transferable, and non-exclusive license to use the Software during the Term.
(b) The Licensee grants the Company a worldwide, royalty-free, irrevocable license to process and utilize Licensee Content as necessary to operate and maintain the Software.
4.3 The Licensee may not:
- sublicense or resell the Software;
- reverse engineer, copy, or replicate its functionality;
- use the Software outside the Territory;
- create derivative works based on it;
- share access with unauthorized parties.
4.4 All rights not expressly granted are reserved by the Company.
5. ACKNOWLEDGEMENTS & COVENANTS
5.1 The Licensee acknowledges:
(a) The Software and all associated Intellectual Property belong solely to the Company;
(b) Access is conditional upon full compliance with this Agreement;
(c) The Company may limit or suspend access for misuse or violation.
5.2 The Company does not guarantee continuous uptime. Maintenance, outages, or third-party disruptions may impact availability.
5.3 The Company may delete Licensee Content to enforce policies, ensure security, prevent abuse, or upon termination.
5.4 The rights granted under this Agreement are personal and may not be transferred.
(a) The Software and all associated Intellectual Property belong solely to the Company;
(b) Access is conditional upon full compliance with this Agreement;
(c) The Company may limit or suspend access for misuse or violation.
5.2 The Company does not guarantee continuous uptime. Maintenance, outages, or third-party disruptions may impact availability.
5.3 The Company may delete Licensee Content to enforce policies, ensure security, prevent abuse, or upon termination.
5.4 The rights granted under this Agreement are personal and may not be transferred.
6. INTELLECTUAL PROPERTY
6.1 The Company owns all Intellectual Property in the Software, Results, documentation, and training resources. The Licensee retains ownership of its own Licensee Content.
6.2 Any improvements, contributions, or derivative works created through use of the Software automatically become the exclusive property of the Company.
6.3 The Licensee agrees not to copy, export, or recreate any part of the Software’s structure or logic.
6.4 The Company does not provide snapshots, exports, or migration packages for transitioning to other platforms.
6.2 Any improvements, contributions, or derivative works created through use of the Software automatically become the exclusive property of the Company.
6.3 The Licensee agrees not to copy, export, or recreate any part of the Software’s structure or logic.
6.4 The Company does not provide snapshots, exports, or migration packages for transitioning to other platforms.
7. BUSINESS GROWTH BUILDERS AI CREATION TERMS
7.1 The Licensee must disclose the use of AI-generated content where legally or platform-policy required.
7.2 The Licensee is solely responsible for ensuring AI-generated content complies with all third-party platforms’ rules and standards.
7.3 The Company is not liable for takedowns, penalties, or reputational harm caused by AI-generated output.
7.4 The Licensee may not use AI features to generate explicit, violent, hateful, discriminatory, or illegal material.
7.5 The Licensee is responsible for ensuring that AI-generated content does not infringe intellectual property or privacy rights.
7.6 The Licensee assumes full responsibility for messaging or phone-number-related charges, including those caused by bots, automations, or unsecured public forms. No refunds will be issued for SMS or telephony-related expenses.
The Licensee agrees to keep all Confidential Information strictly confidential and to use it only as necessary to exercise rights or perform obligations under this Agreement.
8.2 Safeguards
The Licensee shall implement commercially reasonable measures to protect Confidential Information from unauthorized access, disclosure, copying, or misuse.
8.3 Exclusions
Information will not be considered Confidential Information if it:
(a) becomes publicly available through no fault of the Licensee,
(b) was already in the Licensee’s possession lawfully prior to disclosure,
(c) is received from a third party who has the lawful right to disclose it, or
(d) is independently created by the Licensee without the use of Confidential Information.
8.4 Legally Required Disclosure
If the Licensee is compelled by law or legal process to disclose Confidential Information, the Licensee shall, where permitted by law, notify the Company before disclosure and limit the disclosure to only what is legally required.
9.1 Reporting
The Licensee agrees to promptly notify the Company if it becomes aware of any unauthorized use or infringement of the Company’s Intellectual Property.
9.2 Exclusive Enforcement Rights
All enforcement actions relating to the Company’s Intellectual Property are the sole right of the Company. The Licensee has no right to take enforcement action on its own behalf.
9.3 Cooperation
Upon request, the Licensee will reasonably assist the Company in protecting or enforcing its Intellectual Property rights.
10.1 Provided “As Is”
The Software, related services, AI features, and all Results are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
10.2 No Performance Guarantee
The Company does not guarantee outcomes in business performance, marketing effectiveness, revenue, or deliverability of communications.
10.3 Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, punitive, or special damages (including lost revenue, lost profits, or data loss). The Company’s total cumulative liability for any claim shall not exceed the greater of (i) $100 or (ii) the Subscription Fees paid by the Licensee in the 30 days immediately preceding the event giving rise to the claim.
10.4 Exclusive Remedy
If the Licensee is dissatisfied with the Software or any part of the services, the Licensee’s sole and exclusive remedy is to discontinue use of the Software.
10.5 User Responsibility
All decisions made based on use of the Software, including business strategy, marketing execution, compliance, or financial impact, are solely the Licensee’s responsibility.
11.1 Duration
This Agreement remains in effect until terminated in accordance with this Section.
11.2 Termination by the Company
The Company may terminate this Agreement:
(a) immediately for non-payment,
(b) immediately for breach of this Agreement,
(c) immediately for abuse, fraud, or misuse of the Software, or
(d) for any reason with 30 days’ written notice.
11.3 Effect of Termination
Upon termination:
(a) access to the Software will be disabled,
(b) all Licensee data and content may be deleted,
(c) no refunds will be issued, and
(d) the Licensee’s Content License to the Company continues to survive.
11.4 Survival
All sections intended by their nature to survive termination—including confidentiality, Intellectual Property rights, fee obligations, liability limitations, dispute resolution, and domain provisions—will remain in effect.
Use of the Software is subject to the Company’s Privacy Policy, available at https://albemarlespotlight.com/privacy. By continuing to use the Software, the Licensee consents to the collection, use, and processing of personal data in accordance with that policy.
13.1 Governing Law
This Agreement is governed by the laws of the Province of Manitoba and applicable Canadian federal law.
13.2 Arbitration & No Class Actions
All disputes shall be resolved through binding arbitration in Manitoba, Canada. The Licensee waives any right to participate in a class action or jury proceeding.
13.3 Force Majeure
The Company will not be responsible for delays or failures caused by events beyond its reasonable control, including outages, natural disasters, or service interruptions.
13.4 Assignment
The Licensee may not assign or transfer this Agreement without prior written consent. The Company may assign its rights at any time without restriction.
13.5 Severability
If a court declares any provision unenforceable, the remaining provisions will continue in full force.
13.6 Entire Agreement
This Agreement, together with the Privacy Policy and Refund Policy, constitutes the entire understanding between the parties.
13.7 Notices
All notices must be submitted in writing to carl@businessgrowthbuilders.com.
13.8 No Waiver
The failure to enforce any provision does not constitute a waiver of that provision or any other.
13.9 Continuing Obligations
Any obligations that by their nature should continue after termination shall survive.
Business Growth Builders LLC
1004 Macey Jo Ct
Elizabeth City, NC 27909
United States
📧 carl@businessgrowthbuilders.com
7.2 The Licensee is solely responsible for ensuring AI-generated content complies with all third-party platforms’ rules and standards.
7.3 The Company is not liable for takedowns, penalties, or reputational harm caused by AI-generated output.
7.4 The Licensee may not use AI features to generate explicit, violent, hateful, discriminatory, or illegal material.
7.5 The Licensee is responsible for ensuring that AI-generated content does not infringe intellectual property or privacy rights.
7.6 The Licensee assumes full responsibility for messaging or phone-number-related charges, including those caused by bots, automations, or unsecured public forms. No refunds will be issued for SMS or telephony-related expenses.
8. CONFIDENTIALITY
8.1 Obligation of ConfidentialityThe Licensee agrees to keep all Confidential Information strictly confidential and to use it only as necessary to exercise rights or perform obligations under this Agreement.
8.2 Safeguards
The Licensee shall implement commercially reasonable measures to protect Confidential Information from unauthorized access, disclosure, copying, or misuse.
8.3 Exclusions
Information will not be considered Confidential Information if it:
(a) becomes publicly available through no fault of the Licensee,
(b) was already in the Licensee’s possession lawfully prior to disclosure,
(c) is received from a third party who has the lawful right to disclose it, or
(d) is independently created by the Licensee without the use of Confidential Information.
8.4 Legally Required Disclosure
If the Licensee is compelled by law or legal process to disclose Confidential Information, the Licensee shall, where permitted by law, notify the Company before disclosure and limit the disclosure to only what is legally required.
9. INFRINGEMENT
9.1 ReportingThe Licensee agrees to promptly notify the Company if it becomes aware of any unauthorized use or infringement of the Company’s Intellectual Property.
9.2 Exclusive Enforcement Rights
All enforcement actions relating to the Company’s Intellectual Property are the sole right of the Company. The Licensee has no right to take enforcement action on its own behalf.
9.3 Cooperation
Upon request, the Licensee will reasonably assist the Company in protecting or enforcing its Intellectual Property rights.
10. LIMITATIONS & DISCLAIMERS
10.1 Provided “As Is”The Software, related services, AI features, and all Results are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
10.2 No Performance Guarantee
The Company does not guarantee outcomes in business performance, marketing effectiveness, revenue, or deliverability of communications.
10.3 Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, punitive, or special damages (including lost revenue, lost profits, or data loss). The Company’s total cumulative liability for any claim shall not exceed the greater of (i) $100 or (ii) the Subscription Fees paid by the Licensee in the 30 days immediately preceding the event giving rise to the claim.
10.4 Exclusive Remedy
If the Licensee is dissatisfied with the Software or any part of the services, the Licensee’s sole and exclusive remedy is to discontinue use of the Software.
10.5 User Responsibility
All decisions made based on use of the Software, including business strategy, marketing execution, compliance, or financial impact, are solely the Licensee’s responsibility.
Domain Purchases & Transfers
Domains purchased through Business Growth Builders LLC are non-refundable once registered. Transfers may be requested after the ICANN-mandated 60-day lock period by submitting a written request to carl@businessgrowthbuilders.com. The Company will process the request, but registrar-level renewal charges that have already begun cannot be reversed or refunded. Failure to complete transfer actions before expiration may result in permanent loss of the domain.
11. TERMINATION
11.1 DurationThis Agreement remains in effect until terminated in accordance with this Section.
11.2 Termination by the Company
The Company may terminate this Agreement:
(a) immediately for non-payment,
(b) immediately for breach of this Agreement,
(c) immediately for abuse, fraud, or misuse of the Software, or
(d) for any reason with 30 days’ written notice.
11.3 Effect of Termination
Upon termination:
(a) access to the Software will be disabled,
(b) all Licensee data and content may be deleted,
(c) no refunds will be issued, and
(d) the Licensee’s Content License to the Company continues to survive.
11.4 Survival
All sections intended by their nature to survive termination—including confidentiality, Intellectual Property rights, fee obligations, liability limitations, dispute resolution, and domain provisions—will remain in effect.
12. PRIVACY
Use of the Software is subject to the Company’s Privacy Policy, available at https://albemarlespotlight.com/privacy. By continuing to use the Software, the Licensee consents to the collection, use, and processing of personal data in accordance with that policy.
13. GENERAL
13.1 Governing LawThis Agreement is governed by the laws of the Province of Manitoba and applicable Canadian federal law.
13.2 Arbitration & No Class Actions
All disputes shall be resolved through binding arbitration in Manitoba, Canada. The Licensee waives any right to participate in a class action or jury proceeding.
13.3 Force Majeure
The Company will not be responsible for delays or failures caused by events beyond its reasonable control, including outages, natural disasters, or service interruptions.
13.4 Assignment
The Licensee may not assign or transfer this Agreement without prior written consent. The Company may assign its rights at any time without restriction.
13.5 Severability
If a court declares any provision unenforceable, the remaining provisions will continue in full force.
13.6 Entire Agreement
This Agreement, together with the Privacy Policy and Refund Policy, constitutes the entire understanding between the parties.
13.7 Notices
All notices must be submitted in writing to carl@businessgrowthbuilders.com.
13.8 No Waiver
The failure to enforce any provision does not constitute a waiver of that provision or any other.
13.9 Continuing Obligations
Any obligations that by their nature should continue after termination shall survive.
14. CONTACT INFORMATION
Business Growth Builders LLC1004 Macey Jo Ct
Elizabeth City, NC 27909
United States
📧 carl@businessgrowthbuilders.com