Thank you for choosing SuccessTek. By ordering the SuccessTek Service you (“Client”) are entering into a binding agreement with SuccessTek. Your agreement with SuccessTek includes these Terms and Conditions (“Terms”) and Privacy Policy (“Privacy Policy”) (collectively these are referred to as “Agreement”). You have read and understood the Agreement, accept this Agreement and agree to be bound by it.

1. DEFINITIONS. The following words, terms and phrases, where written with an initial capital letter shall have the meanings assigned to them below:

1.1 “Services” means the services to be provided by SuccessTek as described below in section 2.

1.2 “Service Development” means a work of authorship that is (i) delivered by SuccessTek to Client in the course of providing Services, and (ii) created specifically for Client in the course of providing Services.

1.3 “Social Media Platform” refers to the custom social media service provided by SuccessTek, including but not limited to user profiles, messaging, posting, and any other features made available as part of this service.

1.4 “CRM Program” Refers to the Customer Relationship Management software and associated services provided by SuccessTek, designed to assist clients in managing and organizing customer interactions, sales activities, and business processes.

2. SERVICES

2.1 SuccessTek services and/or deliverables provided to Client are detailed in the order form or services agreement.

2.2 In addition to the services specified in the order form or services agreement, SuccessTek will provide access to the Social Media Platform.

2.3 Client agrees to use the Social Media Platform in accordance with the terms and conditions set forth in this Agreement and any additional guidelines or rules posted on the platform.

2.4.1 From time to time, SuccessTek may provide updates, upgrades, or patches to improve, enhance, or modify the software or services provided under this Agreement (“Updates”). By using our services, Client consents to the automatic download and installation of these Updates. Client agrees that SuccessTek may deploy Updates at its discretion and without prior notice, and Client hereby authorizes such Updates.

2.4.2 Client acknowledges that Updates may be necessary for proper functioning of the software or services, and agrees to promptly install all Updates provided by SuccessTek.

2.5 We use advanced technologies, including artificial intelligence (AI), to continuously improve our products and services. These technologies help us enhance user experience, optimize performance, and deliver personalized content. By using our services, you acknowledge and agree to our use of these technologies for these purposes.

2.6 The CRM Program offered by SuccessTek is designed to assist clients in managing and maintaining customer relationships, communication records, and related business activities. Client agrees to use the CRM Program in accordance with the terms and conditions set forth in this Agreement and any additional guidelines or rules posted on the platform

2.7 SuccessTek may offer an optional affiliate program (“Affiliate Program”) that allows participants to earn commissions by referring new clients or customers to our services. Participation in the Affiliate Program is subject to the terms and conditions outlined in the Affiliate Agreement. By participating in the Affiliate Program, you agree to abide by the terms set forth in the Affiliate Agreement, which govern the relationship between SuccessTek and its affiliates.

3. ACCOUNT TERMS

3.1 Only individuals who are at least 18 years of age and capable of entering into a legally binding agreement may create an account and use our services. By creating an account, you represent and warrant that you meet these eligibility requirements.

3.2 You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify SuccessTek immediately of any unauthorized use or suspected breach of security.

3.3 SuccessTek reserves the right to refuse service, terminate accounts, or restrict access to the services to any individual or entity at our sole discretion. This includes, but is not limited to, individuals or entities that violate these terms, engage in fraudulent activity, or misuse our services.

3.4 If you are creating an account on behalf of an organization or entity, you represent that you have the authority to bind that organization or entity to these terms, and agree to these terms on behalf of the organization or entity.

3.5 Client agrees not to use automated scripts, bots, or any other automated means to access or interact with SuccessTek services, unless explicitly authorized in writing by SuccessTek. Automated access without authorization may result in immediate termination of services and legal action.

3.6 You are prohibited from uploading viruses or malicious code, engaging in spamming activities, or performing any actions that could disable, overload, disrupt, or impair the proper functioning, integrity, operation, or appearance of our services, systems, or Products.

3.7 Proxying, requesting, or collecting Product usernames or passwords, or misappropriating access tokens, is strictly prohibited.

3.8 Selling, licensing, or purchasing any data obtained from us or our services is not allowed, except as specified in the Platform Terms.

3.9 Misusing any reporting, flagging, dispute, or appeals channel, such as by submitting fraudulent, duplicative, or baseless reports or appeals, is prohibited.

3.10 You are solely responsible for the content you upload. By posting content, you affirm that you have the necessary rights and permissions to share that content and that it does not violate any laws or the rights of third parties.

4. PERFORMANCE

4.1 Performance deliverables, responsibilities and timelines are detailed in the order form or services agreement.

4.2 Performance deliverables, responsibilities, and timelines specific to the Social Media Platform will be detailed in the order form or services agreement.

5. INTELLECTUAL PROPERTY

5.1 SuccessTek solely owns and retains the perpetual, irrevocable, worldwide, royalty-free and full-paid right, with the right to grant sublicenses, to use the structure, organization, arrangement and configuration of all such Service Developments in any manner, including but not limited to the creation of derivative works.

5.2 Client will not use Service Developments without prior written approval from SuccessTek. If Client breeches this agreement Client agrees to pay a minimum of fifteen hundred dollars ($1,500) penalty to SuccessTek and agrees to immediately stop using any and all of the Service Developments. The amount of the penalty is based on the specific Service Development.

5.3 All content created by the Client on the Social Media Platform remains the property of the Client, but Client grants SuccessTek a worldwide, non-exclusive, royalty-free license to use, display, and distribute this content as part of providing the service.

6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

6.1 ALL SERVICES, INCLUDING THE SOCIAL MEDIA PLATFORM, ARE PROVIDED “AS IS”, AND SUCCESSTEK HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES AND SERVICE DEVELOPMENTS PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

6.2 IN NO EVENT SHALL SUCCESSTEK HAVE LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES OR SERVICE DEVELOPMENTS, INCLUDING THE SOCIAL MEDIA PLATFORM, PROVIDED UNDER THIS AGREEMENT, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

6.3 IN NO EVENT SHALL SUCCESSTEK LIABILITY (A) WITH RESPECT TO ANY SERVICE, EXCEED THE AMOUNT REMITTED TO SUCCESSTEK IN THE MONTH IN WHICH THE RELATED CLAIM IS MADE, AND (B) OF ANY KIND WITH RESPECT TO THIS AGREEMENT EXCEED, IN THE AGGREGATE, THE AMOUNT REMITTED TO SUCCESSTEK IN THE MONTH IN WHICH THE RELATED CLAIM IS MADE.

6.4 SuccessTek SHALL not be liable for any loss or damage caused by delay in furnishing Services under this agreement, or any other performance under or pursuant to this agreement.

6.5 The content posted by users, including videos, does not necessarily reflect the views or opinions of SuccessTek. We do not endorse, guarantee, or assume responsibility for the accuracy, reliability, or completeness of any content provided by users. The platform is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. PRICE AND PAYMENT

7.1 Billing for services provided by SuccessTek shall commence upon acceptance of this Agreement by Client, or as otherwise specified in the order form or services agreement. Initial payment, including any setup fees, shall be due immediately upon acceptance, unless otherwise agreed in writing between Client and SuccessTek.

7.2 Client shall pay the full price and follow the terms, quoted by SuccessTek or specified in the SuccessTek order form or services agreement Client used to purchase SuccessTek Service, and agrees to pay this amount as set forth in the SuccessTek order form or services agreement while the performance of this Agreement is in effect. If approved in writing by SuccessTek, Client may change the plan/quantity/amount of their Service to another SuccessTek product or service. 

7.3.1 Client is responsible for all taxes assessed against SuccessTek provision of Services, if any, excluding taxes based on SuccessTek income. Client shall pay SuccessTek for such taxes unless Client provides SuccessTek with an exemption certificate acceptable to SuccessTek.

7.3.2 Client is responsible for any taxes owed from payments received from SuccessTek in regards to Client’s participation in the SuccessTek Affiliate/Partner program.

7.4 All fees are non-refundable, even in the event the Agreement is terminated mid-month or in a future renewal month.

7.5 Overdue payments shall bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate allowed under applicable law. In addition, if any of Client’s payment obligations are more than thirty (30) days overdue, SuccessTek may cease performance of its obligations hereunder until Client remits such payment in full. The foregoing shall be in addition to any other remedies available to SuccessTek.

7.6 SuccessTek reserves the right to modify, suspend, or discontinue any of the services at any time with or without notice. Additionally, SuccessTek may adjust pricing for its services at its sole discretion, provided that such changes will be communicated by email to the Client with a minimum of thirty (30) days prior notice. The updated pricing will apply to the next billing cycle following the notice period. Continued use of the services after the effective date of any changes constitutes acceptance of those changes. Fees for renewal terms shall not include one-time fees.

7.7 Client agrees to maintain accurate and up-to-date payment information on file with SuccessTek throughout the term of this Agreement. Client acknowledges that failure to maintain accurate payment details may result in delays in service delivery or additional charges. SuccessTek reserves the right to suspend or terminate services if Client’s payment details are not current or valid.

8. TERM AND TERMINATION

8.1 This Agreement shall take effect immediately.

8.2 Unless specified otherwise, month-to-month subscriptions automatically renew at the current rates. Client must notify SuccessTek in writing at least thirty (30) days before the current term ends to opt out of renewal.

8.3.1 Either party may terminate this Agreement with thirty (30) days written notice for month-to-month terms. Upon cancellation of automatic renewal, services continue until the current term ends and do not renew thereafter.

8.3.2 The Client agrees to pay the full price and adhere to the terms specified by SuccessTek in the order form or services agreement used to purchase SuccessTek Service. During the term of this Agreement, neither the Client nor SuccessTek may cancel services before the specified end date without written agreement from both parties. The Client is obligated to pay the entire fee as outlined in the agreement. 

8.4 SuccessTek may suspend Client’s access to services immediately without notice if Client breaches any material provision of this Agreement, including but not limited to non-payment of fees. Suspension shall not relieve Client of its obligation to pay fees under this Agreement.

8.5.1 Upon the expiration or termination of this Agreement for any reason, the parties’ rights and obligations pursuant to Sections 4, 5, 6, 7, and 10 of this Agreement shall survive the expiration or termination of this Agreement for any reason.

8.5.2 Upon termination of this Agreement, Client’s access to the Social Media Platform will be immediately revoked, and SuccessTek will have no obligation to retain or provide any data or content stored on the platform beyond the termination date.

8.6 All fees paid by Client to SuccessTek are non-refundable upon termination of this Agreement.

9. PRIVACY AND DATA PROTECTION

9.1 Client acknowledges that use of the Social Media Platform involves the collection, storage, and processing of personal data. SuccessTek will handle such data in accordance with its Privacy Policy.

9.2 Client is responsible for obtaining consent from users for the collection and processing of their personal data when using the Social Media Platform.

10. ACCEPTABLE USE AND CONTENT

10.1 Our product is intended to foster an environment focused on growth, positivity, and helpfulness among its users. By using our service, you agree to contribute to this positive community atmosphere and to use the platform in a manner that aligns with these values. We do not endorse or support any use of our product that conflicts with these principles. We are committed to providing a platform that enriches user experiences through constructive interactions and mutual respect.

10.2 Client agrees not to post or transmit any content that:

• Violates any applicable law or regulation.
• Is fraudulent, misleading, or deceptive (or assists someone else in using our Products in such a way).
• Is defamatory, offensive, obscene, or promotes violence.
• Infringes on intellectual property rights.

10.3 SuccessTek reserves the right to remove any content that violates these terms or is otherwise deemed inappropriate at its sole discretion.

11. MUSIC, VIDEO AND CONTENT GUIDELINES

11.1 Users are responsible for ensuring that any music, video or other content they upload or share on our platform complies with applicable copyright laws and regulations. This includes obtaining any necessary permissions or licenses for the use of copyrighted music.

11.2 You may upload or share music, video or other content on our platform if you have the legal right to do so, including obtaining all required permissions or licenses from the copyright owner(s). This includes original compositions, music created by you, or music for which you have obtained the necessary rights.

11.3 Unauthorized use of copyrighted music, video or other content, including but not limited to uploading or sharing music without permission from the copyright owner(s), is strictly prohibited. This includes using content in a way that violates the terms of any licensing agreements or copyright laws.

11.4 If you believe that content on our platform infringes upon your copyright or the copyright of others, please notify us promptly so that we can take appropriate action.

11.5 Users must comply with all applicable laws and regulations regarding the use of music, video or other content on our platform. SuccessTek reserves the right to remove any content that violates these guidelines or is otherwise deemed inappropriate at our discretion.

12. CRM PROGRAM

12.1 The Terms of Service (ToS) of SuccessTek include access to our Customer Relationship Management (CRM) program, designed to assist clients in managing their contacts and information effectively

12.2 Users are solely responsible for the accuracy, legality, and compliance of the data they input into the CRM Program. They must ensure that they have appropriate permissions to collect, use, and store any personal information in accordance with applicable laws.

12.3 Data entered into the CRM Program by clients will not be used for advertising or messaging purposes by SuccessTek, unless explicitly authorized by the client.

12.4 We employ industry-standard security measures to protect the confidentiality and integrity of data stored in our CRM Program. However, clients acknowledge that no system is entirely immune to breaches.

12.5 Clients retain full control over the data they input into the CRM Program. They may access, modify, or delete their data in accordance with our Privacy Policy and data retention policies.

12.6 We strive to maintain continuous availability of our CRM Program. However, we may schedule downtime for maintenance, upgrades, or repairs. Clients will be notified of scheduled maintenance that may impact service availability.

12.7 To the extent permitted by law, SuccessTek shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the CRM Program, including but not limited to data loss, interruptions, or unauthorized access.

12.8 SuccessTek reserves the right to terminate client access to the CRM Program for violations of the Terms of Service, non-payment of fees (if applicable), or other breaches deemed significant by SuccessTek.

13. GENERAL

13.1 This Agreement does not make either party the employee, agent or legal representative of the other for any purpose whatsoever. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party. In fulfilling its obligations under this Agreement, each party shall be acting as an independent contractor.

13.2 Client may not assign or otherwise transfer its rights and obligations under this Agreement without the prior written consent of SuccessTek. A successor to SuccessTek by assignment of this Agreement, or to the assets or business of SuccessTek by merger, operation of law, purchase or otherwise, shall acquire all interests of SuccessTek hereunder. Any prohibited assignment shall be null and void.

13.3 Any notice required or permitted to be given under this Agreement must be given by overnight courier service or United States registered or certified mail or email, addressed to the individual signatories to this Agreement at the respective addresses of the parties as first written above. Notices so given shall be effective upon the earlier to occur of (i) receipt by the party to which notice is given, or (ii) the fifth (5th) business day following the date such notice was posted, whichever occurs first.

13.4 This Agreement is entered into between the parties, which shall be incorporated as integral parts of this Agreement, (i) constitutes the entire agreement between the parties with respect to the subject matter hereof, (ii) supersedes any and all other agreements between the parties related thereto, as well as all proposals, oral or written, and all negotiations, conversations or discussions between the parties related to this Agreement and (iii) may be executed in two or more counterparts, each of which shall be deemed an original hereof. Except as expressly provided in this Agreement entered into between the parties no product or service specifications, or terms and conditions that are additional or contrary to the terms of this Agreement, whether contained in any purchase order, sales order or other communication from Client or any third party, shall be construed as, or constitute a waiver of these terms and conditions, or acceptance of any such additional terms, conditions or specifications. SuccessTek hereby rejects and objects to such additional or contrary terms, conditions or specifications.

13.5 No failure by either party to take any action or assert any right hereunder shall be deemed to be a waiver of such right.

13.6 If any of the terms of this Agreement are in conflict with any rule of law or statutory provision or otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from this Agreement, but such invalidity or unenforceability shall not invalidate any of the other terms of this Agreement and this Agreement shall continue in force, unless the invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from, the remainder of this Agreement.

13.7 This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of Arizona, excluding its conflicts of law provisions.

13.8 Without SuccessTek prior written consent, Client shall not, for a period of twenty-four (24) calendar months immediately following termination of this Agreement, or any extension thereof, for any reason, either directly or indirectly solicit or hire, or attempt to solicit or hire, any of SuccessTek employees or subcontractors, either for itself or for any other person or entity.

13.9 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Coconino County Arizona administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13.10 SuccessTek may place the logo of the Client on the SuccessTek website as a means to promote the relationship.

13.11 Client shall obtain all necessary copyright permissions and privacy releases for materials included in the content that is given to the Client by SuccessTek or one of its subcontractors. Client shall indemnify SuccessTek against all claims and expenses, including reasonable attorney fees, due to Client’s failure to obtain such permissions or releases. Client gives full permission to use all content provided to the SuccessTek under the terms of this agreement, including photos, videos, and all other content provided to SuccessTek.

13.12 SuccessTek shall not be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond SuccessTek’s reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, fire, explosion, flood, labor strikes, civil disturbances, or governmental actions. In the event of such a force majeure event, SuccessTek will use commercially reasonable efforts to notify the Client of the nature and extent of the event and the expected duration of its inability to perform its obligations.

13.13 In this Agreement, unless the context otherwise requires:

• The headings in this Agreement are for convenience only and shall not affect its interpretation.
• Words denoting the singular include the plural and vice versa.
• References to any statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision.
• References to any gender shall include all genders.
• Any phrase introduced by the terms “including,” “include,” “in particular,” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

13.14 If Client initiates a chargeback or dispute of any payment to SuccessTek, Client agrees that this will constitute a material breach of this Agreement. Client acknowledges and agrees that all disputes related to payments made to SuccessTek must be addressed directly with SuccessTek and that Client will not initiate any chargebacks or disputes with its payment processor without first notifying and attempting to resolve the issue with SuccessTek. Client further agrees to indemnify and hold harmless SuccessTek from any losses, damages, or fees resulting from any chargeback initiated by Client or any third-party payment processor on behalf of Client. Accordingly, you hereby represent and warrant that you expressly appoint SuccessTek as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

13.15 SuccessTek reserves all rights not expressly granted to Client in this Agreement. This includes, but is not limited to, all intellectual property rights, proprietary information, and any other rights relating to the services provided by SuccessTek. Client acknowledges that any unauthorized use or reproduction of these rights is strictly prohibited and may result in termination of services and legal action.

13.16 Client may not assign, transfer, or sublicense any rights or obligations under this Agreement to any third party without the prior written consent of SuccessTek. Any attempted assignment or transfer without such consent shall be null and void.

13.17.1 By providing any feedback, suggestions, or ideas regarding SuccessTek’s services or products (“Feedback”), Client grants SuccessTek a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any manner. This includes incorporating Feedback into SuccessTek’s products, services, marketing materials, or other business purposes without compensation to Client or any obligation to keep Feedback confidential.

13.17.2 SuccessTek is not obligated to use, respond to, or implement any Feedback provided by Client.

13.18 SuccessTek reserves the right to change these Terms at any time, effective immediately upon posting it on the SuccessTek website.

For any questions, concerns, or legal notices regarding these Terms of Service, please contact us at:

• Email: contact@expectsuccessglobal.com
• Address: 140 Moonlit Trl. Flagstaff, AZ 86005
• Phone: 928-525-9690

 

This version was last updated on July 9, 2024.