Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Keenversion Acquisition ("Keenversion," "we," "our," or "us") governing your access to and use of our website, platform, and marketing services, including the Need Tree client acquisition system.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Description of Services

Keenversion Acquisition provides marketing automation and client acquisition services through our proprietary Need Tree system, which includes:

• Client Keennect: Website development, landing pages, and online presence optimization
• Keen Insight Funnel: Email/SMS automation and lead nurturing systems
• Keen-Keep: Customer retention and review generation automation
• Automation Acquisition Engine: AI-powered lead qualification and appointment scheduling
• Growth Lens: Analytics, reporting, and performance tracking dashboards

Pricing

Specific pricing, deliverables, and terms are outlined in your individual Service Agreement. In the event of any conflict between these Terms and your Service Agreement, the Service Agreement shall prevail.

Account Registration and Security

To access our platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activity.

Third-Party Integrations

Our platform integrates with third-party services including but not limited to:

• Google Ads and Google Analytics
• Meta (Facebook/Instagram) Advertising
• GoHighLevel CRM
• Payment processors

By connecting these services, you authorize us to access and use data from these platforms in accordance with our Privacy Policy. You are responsible for maintaining valid credentials and ensuring your use of these integrations complies with the respective third-party terms of service.

We are not responsible for the availability, accuracy, or performance of third-party services. Changes to third-party APIs or terms may affect the functionality of our integrations.

Payment Terms

• Installation Fee: One-time setup fee due upon signing, before work begins
• Monthly Retainer: Due on the 1st of each month, in advance
• Ad Spend: Client is responsible for funding advertising accounts directly
• Late Payments: Payments more than 7 days late may result in service suspension
• Failed Payments: You are responsible for maintaining valid payment methods

All fees are non-refundable except as expressly stated in your Service Agreement or required by applicable law.

Intellectual Property

Our Property

The Need Tree system, including all software, templates, workflows, methodologies, and proprietary processes, remains the exclusive property of Keenversion Acquisition. You are granted a limited, non-exclusive, non-transferable license to use our platform during your active subscription.

Your Content

You retain ownership of your business data, customer information, and original content you provide. By uploading content to our platform, you grant us a license to use, display, and process that content as necessary to provide our services.

Created Assets

Assets created as part of our services (landing pages, funnels, automations) are built within our platform infrastructure. Upon termination, these assets remain within our system and are not transferable. Client data exports will be provided upon request.

Performance and Guarantees

Specific performance guarantees, including ROAS targets, are outlined in individual Service Agreements. General terms:

• Guarantees are subject to minimum ad spend requirements and term commitments
• Client must maintain active participation in onboarding and provide required assets
• Results may vary based on market conditions, competition, and other factors outside our control
• Guarantee remedies are limited to service credits or extended service terms as specified

We do not guarantee specific revenue, lead counts, or business outcomes beyond explicitly stated performance metrics.

Client Responsibilities

To ensure successful service delivery, you agree to:

• Complete onboarding requirements within specified timeframes
• Provide accurate business information, logos, and required assets
• Maintain funded advertising accounts with agreed-upon spend levels
• Respond to communications and approval requests in a timely manner
• Grant necessary access to business accounts and platforms
• Comply with all applicable laws and advertising regulations
• Not use our services for illegal, fraudulent, or harmful purposes

Term and Termination

Contract Term

Initial contract terms are specified in your Service Agreement. Following the initial term, services continue on a month-to-month basis unless terminated by either party.

Termination by Client

You may terminate month-to-month services with 30 days written notice. Early termination during the initial contract term may be subject to early termination fees as specified in your Service Agreement.

Termination by Keenversion

We may terminate or suspend services immediately if you:

• Fail to pay fees when due
• Breach these Terms or your Service Agreement
• Engage in fraudulent or illegal activity
• Become insolvent or file for bankruptcy

Effects of Termination

Upon termination, your access to the platform will be disabled. You may request an export of your customer data within 30 days of termination. Assets built within our platform (funnels, automations) are not transferable.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEENVERSION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or secure. We are not responsible for third-party service outages or API changes that may affect our integrations.

Indemnification

You agree to indemnify, defend, and hold harmless Keenversion, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your advertising content or business practices

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration to take place in California.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

General Provisions

• Entire Agreement: These Terms, together with your Service Agreement and Privacy Policy, constitute the entire agreement between you and Keenversion.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for delays or failures due to circumstances beyond our reasonable control.

Contact Us

If you have any questions about these Terms of Service, please contact us: