Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Agreement") constitute a legally binding contract between you ("User," "You," or "Your") and Starfish Ad Age LLC ("Company," "We," "Us," or "Our") governing Your access to and use of the StarLeads platform and all related services.

By subscribing to, accessing, or using StarLeads in any way, You acknowledge that You have read, understood, and agree to be fully bound by this Agreement. If You do not agree to any part of these Terms, You must immediately discontinue use of the Service.

You represent and warrant that You are at least 18 years of age and have the full legal authority to enter into this Agreement on behalf of yourself or the business entity You represent.

2. Definitions

The following capitalized terms carry the meanings defined below throughout this Agreement:

"Company" refers to Starfish Ad Age LLC, a Texas limited liability company with its principal place of business at 140 E Tyler Street, Longview, Texas 75601. Starfish Ad Age LLC operates StarLeads as its proprietary white-labeled CRM platform offering.

"Affiliated Entity" includes Starfish Solutions, a business consulting and AI automation brand operated in affiliation with Starfish Ad Age LLC. Nothing in this Agreement creates liability for Starfish Solutions beyond its separate engagement terms with clients.

"Service" refers to the StarLeads CRM platform, including all features, automations, sub-accounts, integrations, onboarding resources, and support made available to You through your Subscription, accessible at https://starfishadage.agency and any associated portals or white-labeled domains.

"Underlying Platform" refers to the third-party software infrastructure (GoHighLevel / HighLevel Inc.) upon which StarLeads is built and white-labeled. The Company is a licensed reseller and is not HighLevel Inc.

"Subscription" refers to the recurring paid plan You select to access the Service.

"User Data" means all data, content, contacts, workflows, and information You upload, create, or manage within the Service.

"Account" means the unique login credentials and workspace created for You within the Service.

"Confidential Information" means any non-public information disclosed by either party in connection with this Agreement that is designated as confidential or should reasonably be understood to be confidential given the nature of the disclosure.

3. Description of Service

StarLeads is a white-labeled CRM and marketing automation platform offered by Starfish Ad Age LLC. The Service is designed to help small and mid-sized businesses manage contacts, automate follow-up, run email and SMS campaigns, capture leads, and track business communications in a single platform.

The Service is powered by GoHighLevel (HighLevel Inc.) infrastructure and includes features such as, but not limited to:

• CRM contact management and pipeline tracking
• Two-way SMS and email communication
• Missed call text-back automation
• Review request automation
• Calendar scheduling and appointment management
• Landing page and funnel builder
• Workflow and trigger-based automation
• Reporting and analytics dashboards

The Company reserves the right to update, expand, or remove features at any time, subject to the notification provisions in Section 16 of this Agreement.

4. Third-Party Platform Disclaimer

StarLeads is built on and powered by the GoHighLevel platform (HighLevel Inc., a third-party software provider). Starfish Ad Age LLC operates as a licensed reseller and is not affiliated with, endorsed by, or acting as an agent of HighLevel Inc.

By using StarLeads, You acknowledge and agree to the following:

• Underlying Platform Changes: HighLevel Inc. may alter, update, deprecate, or discontinue features of its underlying infrastructure at any time. Starfish Ad Age LLC will make commercially reasonable efforts to notify users of material changes but assumes no liability for disruptions caused by HighLevel Inc.
• Uptime and Availability: Service availability is partially dependent on HighLevel Inc.'s infrastructure. The Company does not guarantee 100% uptime and is not liable for outages, degradation, or data loss caused by the Underlying Platform.
• Third-Party Terms: Your use of StarLeads may also be subject to HighLevel Inc.'s own Terms of Service. Starfish Ad Age LLC accepts no responsibility for enforcing or monitoring compliance with HighLevel's terms on Your behalf.
• Integrations: StarLeads may offer integrations with additional third-party services (e.g., Google, Stripe, Meta, Twilio). Starfish Ad Age LLC is not responsible for the availability, accuracy, or practices of those third-party services.

5. Account Registration

Account Creation

To use the Service, You must create an Account by providing accurate, complete, and current information. You agree to promptly update this information if it changes. The Company reserves the right to reject any registration or terminate any Account that contains false or misleading information.

Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials, including your password. You agree to notify the Company immediately at support@starfishadage.com if You become aware of any unauthorized access to or use of your Account. The Company is not liable for any loss resulting from unauthorized use of your Account that occurs before notification.

One Account per User

Unless otherwise specified in your Subscription plan, each Subscription covers a single business entity. Sharing Account access across multiple unaffiliated businesses without a multi-account plan is prohibited and may result in immediate suspension.

6. Subscriptions & Billing

Subscription Plans

Access to the Service requires an active paid Subscription. Available plans and pricing are posted at https://starfishadage.agency. Pricing is subject to change with 30 days' prior notice to existing subscribers.

Billing Cycle

Subscriptions are billed on a monthly recurring basis in advance. Your billing date is set on the date You first subscribe. Subscriptions automatically renew at the end of each billing cycle unless cancelled in accordance with Section 7.

Payment Information

You agree to provide accurate and complete billing information including full legal name, billing address, and a valid payment method. By providing payment information, You authorize the Company to charge Your payment method for the applicable Subscription fee on each renewal date.

Failed Payments

If a payment fails for any reason, the Company will attempt to notify You via the email address on file. Your Account may be suspended after 3 business days of non-payment and permanently terminated after 10 business days unless payment is resolved. The Company is not responsible for any loss of data or business resulting from Account suspension due to non-payment.

Taxes

All Subscription fees are exclusive of applicable taxes. You are responsible for all applicable sales tax, use tax, value-added tax, or similar charges arising from Your Subscription, unless the Company is required by law to collect such taxes on Your behalf.

7. Cancellations & Refunds

How to Cancel

You may cancel Your Subscription at any time by submitting a written cancellation request via the cancellation form available at https://starfishadage.agency or by emailing support@starfishadage.com. Verbal cancellation requests are not valid and will not be processed. Cancellations must be submitted at least 5 business days prior to Your next billing date to avoid being charged for the following period.

Effect of Cancellation

Upon a valid cancellation request, Your Account will remain active through the end of the current paid billing period. After that date, your Account and all associated data will be scheduled for deletion. The Company is not responsible for data loss following Account termination.

No Refunds

All Subscription fees are non-refundable. The Company does not issue full or partial refunds for unused portions of a billing period, unused features, or cancellations made mid-cycle. If You believe a charge was made in error, You must notify the Company in writing within 30 days of the charge in question.

Chargebacks

Initiating a chargeback or payment dispute without first contacting the Company constitutes a material breach of this Agreement. The Company reserves the right to immediately terminate Your Account and pursue recovery of disputed amounts plus associated fees in the event of an unauthorized chargeback.

8. Free Trials

The Company may, at its sole discretion, offer a free trial period for new subscribers. The following terms apply to all free trials:

• Free trials are limited to one per person, per business entity.
• A valid payment method is required to begin a free trial. You will be charged the applicable Subscription fee automatically at the end of the trial period unless You cancel before the trial expires.
• The Company reserves the right to modify, suspend, or terminate free trial offers at any time without notice.
• Abuse of free trial offers (e.g., creating multiple accounts to extend trial access) may result in permanent Account suspension and prohibition from future use of the Service.

9. Acceptable Use Policy

By using the Service, You agree that You will not use StarLeads to engage in any of the following prohibited activities:

• Sending unsolicited bulk communications (spam) in violation of the CAN-SPAM Act, TCPA, or any applicable law
• Transmitting harassing, threatening, abusive, defamatory, or fraudulent content
• Impersonating any person, business, or entity, including the Company
• Uploading or distributing malware, viruses, or any malicious code
• Attempting to gain unauthorized access to any portion of the Service or its infrastructure
• Reverse engineering, decompiling, or disassembling any portion of the Service
• Reselling, sublicensing, or redistributing access to the Service without express written consent from the Company
• Using the Service to facilitate illegal activity of any kind
• Violating the rights of any third party, including intellectual property rights and privacy rights
• Scraping, crawling, or extracting data from the Service through automated means without authorization
• Using the Service in any manner that exceeds your licensed plan capacity or circumvents usage limits

Violation of this Acceptable Use Policy may result in immediate Account suspension or termination without refund, and may expose You to civil or criminal liability.

SMS & Email Compliance

You are solely responsible for ensuring that all SMS and email communications sent through StarLeads comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all other applicable federal, state, and local laws. You must obtain and maintain proper consent from all contacts before sending automated messages. The Company assumes no liability for Your failure to obtain proper consent or comply with applicable communications laws.

10. Intellectual Property

Company Ownership

The StarLeads name, logo, platform design, workflows, templates, software code, documentation, and all related intellectual property are the exclusive property of Starfish Ad Age LLC or its licensors. Nothing in this Agreement transfers ownership of any Company intellectual property to You. All rights not expressly granted are reserved.

License Grant

Subject to Your compliance with this Agreement and payment of applicable Subscription fees, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for Your internal business purposes during the Subscription term.

Your Content

You retain all ownership rights to User Data you upload or create within the Service. By using the Service, You grant the Company a limited, non-exclusive license to access, process, and store Your User Data solely as necessary to provide and maintain the Service. The Company will not sell Your User Data to third parties.

Feedback

Any feedback, suggestions, or ideas You provide regarding the Service may be used by the Company without obligation to compensate You, and such feedback becomes the Company's property.

11. Data, Privacy & Security

Privacy Policy

The Company's Privacy Policy governs the collection, use, and disclosure of personal information in connection with Your use of the Service and is incorporated into this Agreement by reference.

Texas Data Privacy and Security Act (TDPSA)

To the extent applicable, the Company complies with the Texas Data Privacy and Security Act (TDPSA), effective July 1, 2024. You may have rights regarding access to, correction of, and deletion of personal data held about You. Contact us at support@starfishadage.com to exercise any applicable rights.

Your Responsibility for User Data

You are solely responsible for the legality, accuracy, and appropriateness of all User Data you upload or process through the Service. You represent and warrant that You have all necessary rights, consents, and permissions to upload and process User Data within the Service, and that doing so does not violate any applicable law or third-party rights.

Data Security

The Company implements commercially reasonable technical and administrative safeguards to protect User Data. However, no system is 100% secure and the Company does not guarantee that User Data will be free from unauthorized access, alteration, or destruction. You are encouraged to maintain your own backups of critical business data.

Data Retention & Deletion

Upon cancellation or termination of Your Account, the Company will retain Your User Data for up to 30 days before permanent deletion, unless required by law to retain it longer. You are responsible for exporting any data You wish to keep before cancellation.

12. Confidentiality

Each party agrees to hold the other's Confidential Information in strict confidence and not to disclose it to any third party without prior written consent, except as required by law. Each party will use the other's Confidential Information only as necessary to fulfill obligations under this Agreement. This obligation survives termination of the Agreement for a period of three (3) years.

Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was already known to the receiving party without restriction; (c) is received from a third party without restriction; or (d) is independently developed by the receiving party without use of Confidential Information.

13. Disclaimers of Warranties

The Company does not warrant that:

• The Service will meet Your specific business requirements or expectations
• The Service will be uninterrupted, error-free, or available at all times
• Results obtained through the Service will be accurate, reliable, or produce a specific business outcome
• Any errors in the Service will be corrected within a specific timeframe
• The Service is free from viruses or other harmful components

Any reliance on the Service for business-critical operations is at Your sole risk. The Company and its affiliated entities, including Starfish Solutions, make no guarantees regarding revenue, leads, conversions, or other business outcomes arising from use of the Service.

14. Limitation of Liability

In any event, the Company's total cumulative liability to You for all claims arising under or related to this Agreement shall not exceed the total amount of Subscription fees You paid to the Company in the twelve (12) month period immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory under which such damages are sought (contract, tort, strict liability, or otherwise) and whether or not the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to You.

15. Indemnification

You agree to defend, indemnify, and hold harmless Starfish Ad Age LLC, its owners, officers, employees, contractors, agents, licensors, and affiliated entities (including Starfish Solutions) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service
• Your violation of any provision of this Agreement
• Your violation of any applicable law, regulation, or third-party right
• Any content or data You upload, submit, or process through the Service
• Your failure to obtain proper consent for SMS, email, or other communications
• Any dispute between You and a third party arising from Your use of the Service

The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification by You at Your expense. You agree to cooperate fully with the Company's defense of such claims.

16. Service Modifications & Downtime

Changes to the Service

The Company reserves the right to modify, update, suspend, or discontinue any portion of the Service at any time, with or without notice, for purposes including maintenance, security improvements, legal compliance, or product development. Material changes that affect core functionality will be communicated to subscribers via email at least 14 days in advance where reasonably possible.

Planned Maintenance

The Service may be temporarily unavailable during scheduled maintenance windows. The Company will make reasonable efforts to schedule maintenance during off-peak hours and notify users in advance.

Unplanned Outages

Because StarLeads relies on third-party infrastructure (GoHighLevel / HighLevel Inc.), some outages may occur without advance notice. The Company will not provide credits, refunds, or compensation for downtime caused by the Underlying Platform or circumstances outside the Company's reasonable control.

Changes to Pricing

The Company may adjust Subscription pricing at any time. Existing subscribers will receive at least 30 days' written notice before any price increase takes effect. Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

17. Termination

Termination by You

You may terminate this Agreement at any time by cancelling Your Subscription in accordance with Section 7. Termination does not entitle You to a refund of any fees paid.

Termination by the Company

The Company may suspend or terminate Your Account and this Agreement immediately, without notice or refund, if:

• You violate any provision of this Agreement, including the Acceptable Use Policy
• You fail to pay Subscription fees when due
• The Company determines, in its sole discretion, that Your use of the Service poses a legal, security, or reputational risk
• The Company is required to do so by law or regulation
• The Company discontinues the Service in its entirety

Effect of Termination

Upon termination for any reason, Your right to access and use the Service immediately ceases. The Company will retain Your data for up to 30 days post-termination, after which it will be permanently deleted. Sections 10 (Intellectual Property), 11 (Data), 12 (Confidentiality), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 18 (Governing Law) survive termination of this Agreement.

18. Governing Law & Dispute Resolution

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Gregg County, Texas for the resolution of any disputes arising under this Agreement.

Informal Resolution

Before filing any formal legal claim, both parties agree to attempt good-faith informal resolution of the dispute by contacting the other party in writing. You agree to provide the Company at least 30 days' written notice at support@starfishadage.com before initiating formal proceedings.

Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Gregg County, Texas. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR 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.

Time Limitation

Any claim arising out of or related to this Agreement must be filed within one (1) year after the cause of action accrues. Claims filed after this period are permanently barred.

19. Miscellaneous

Entire Agreement

This Agreement, together with the Privacy Policy and any applicable Order Form or Subscription confirmation, constitutes the entire agreement between You and the Company with respect to the Service and supersedes all prior and contemporaneous agreements, representations, and understandings.

Amendments

The Company reserves the right to amend this Agreement at any time. When changes are made, the updated Agreement will be posted at this URL with a new "Last Updated" date. Continued use of the Service after the effective date of any amendment constitutes Your acceptance of the revised terms. If You do not agree to the amended terms, You must cancel Your Subscription before the effective date.

Severability

If any provision of this Agreement 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.

Waiver

The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision unless expressly acknowledged in writing by an authorized representative of the Company.

Assignment

You may not assign or transfer this Agreement or any of Your rights or obligations hereunder without the Company's prior written consent. The Company may assign this Agreement at any time without Your consent in connection with a merger, acquisition, sale of assets, or similar transaction.

Force Majeure

Neither party shall be liable for delays or failure to perform obligations under this Agreement to the extent caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, governmental actions, cyberattacks, third-party infrastructure failures, or telecommunications outages.

Notices

All legal notices to the Company must be submitted in writing via email to support@starfishadage.com or by certified mail to 140 E Tyler Street, Longview, Texas 75601. Notices are deemed delivered upon confirmed receipt.

Independent Contractors

The relationship between You and the Company is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

Relationship Between Starfish Ad Age LLC and Starfish Solutions

Starfish Solutions is a separate consulting and AI automation brand affiliated with Starfish Ad Age LLC. Any consulting services, AI implementation work, or strategic engagements provided by Starfish Solutions are governed by separate engagement agreements and are distinct from the StarLeads Subscription covered by these Terms. Starfish Solutions is not a party to this Agreement and bears no liability for the StarLeads platform or its services.

20. Contact Information

For questions, concerns, or support related to these Terms or the StarLeads platform, please contact:

Starfish Ad Age LLC
140 E Tyler Street
Longview, Texas 75601
United States

Email: support@starfishadage.com
Website: https://starfishadage.agency

For AI consulting and automation strategy services, visit Starfish Solutions at https://starfishsolutions.ai.