TERMS OF SERVICE

LIFT Marketing System
Effective Date: January 1, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “Customer”) and LIFT Growth Systems LLC, doing business as LIFT Marketing System (“Company,” “we,” “us,” “our”).

By accessing, logging into, or using our websites, applications, or services (collectively, the “Services”), including the LIFT CRM platform, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

These Terms incorporate by reference our Privacy Policy, Acceptable Use and Messaging Policy, Data Processing Addendum, and any applicable Service Descriptions or Product Addenda (collectively, the “Incorporated Policies”).

1. Company Information

LIFT Growth Systems LLC
DBA LIFT Marketing System
1634 51st St
Fennville, MI 49408
United States
Contact: hello@liftmarketingsystem.com

2. Services

We provide access to marketing software, automation tools, and customer relationship management functionality through LIFT CRM, a white-labeled platform built on third-party infrastructure.

Services are offered on a subscription basis and may include one-time setup, onboarding, or implementation services for an additional fee.

We may modify, update, add, or remove features at any time.

3. Eligibility and Authority

You must be at least 18 years old to use the Services.

If you use the Services on behalf of a business or other entity, you represent and warrant that you have the legal authority to bind that entity to these Terms.

4. Acceptance and Updates

Acceptance of these Terms occurs each time you access or log into the Services.

We may update these Terms at any time. Updated Terms become effective upon posting. Continued use of the Services constitutes acceptance of the updated Terms. We may, but are not required to, provide notice of material changes by email or within the platform.

5. User Representations and Warranties

By using the Services, you represent and warrant that:

• All information you provide is accurate, current, and complete
• You will maintain and update your information as needed
• You will comply with all applicable laws and regulations
• You will not misuse, exploit, or attempt to circumvent the Services
• You have obtained all necessary rights, permissions, and consents for data you upload

We may suspend or terminate access if any representation proves false or misleading.

6. Accounts, Access, and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, including activity by users you authorize.

You may add additional users as administrators or users. Sub-accounts and resale of access are prohibited unless approved in writing.

You may not share credentials or allow unauthorized access.

7. Fees, Billing, Auto-Renewal, and Taxes

7.1 Fees

You agree to pay all fees associated with your subscription and any setup or onboarding services. All fees are in US dollars unless stated otherwise.

7.2 Auto-Renewal

Subscriptions automatically renew unless canceled.

7.3 Pricing

Pricing is locked in at the time of signup for the active subscription. If you cancel and later re-subscribe, current pricing applies.

7.4 Nonpayment

Failure to pay may result in temporary suspension until payment is received.

7.5 Taxes

You are responsible for all applicable taxes. We may not collect taxes in all jurisdictions.

7.6 Chargebacks

Chargebacks are prohibited. If a chargeback occurs, we may suspend or terminate access and recover fees, penalties, and related costs.

8. No Refund Policy

All payments are final. No refunds, credits, or prorations are provided under any circumstances.

9. Cancellation and Termination

9.1 Cancellation by You

You may cancel at any time. Cancellation stops future renewals but does not entitle you to a refund.

9.2 Suspension or Termination by Us

We may suspend or terminate access for reasonable cause, including:

• Nonpayment
• Violation of these Terms or Incorporated Policies
• Messaging or compliance risk
• Provider or carrier enforcement requirements
• Activity that creates legal, technical, or reputational risk

Inactive accounts will not be deleted as long as fees are paid.

10. Messaging and Compliance Responsibility

The Services enable email, SMS, MMS, voicemail, and other communications.

You are solely responsible for:

• Compliance with TCPA, CAN-SPAM, state laws, and carrier rules
• Obtaining and maintaining legally valid consent
• Honoring opt-out and suppression requests
• The legality, source, and accuracy of uploaded contact data

We do not provide legal advice and do not verify consent or data legality.

Purchased, scraped, rented, or third-party contact lists are used at your own risk.

Carrier or provider enforcement actions may occur without notice. We are not liable for deliverability impacts, throttling, suspensions, or shutdowns.

11. Acceptable Use

You may not use the Services to:

• Violate any law or regulation
• Engage in fraud, harassment, abuse, or deception
• Upload malware or malicious code
• Reverse engineer, scrape, or extract platform data or software
• Circumvent safeguards, rate limits, or enforcement mechanisms
• Provide services to third parties as a reseller or agency without approval

Violations may result in immediate enforcement action.

12. Regulated Industry Disclaimer

The Services are not designed to comply with industry-specific regulations such as HIPAA, GLBA, FISMA, or similar frameworks.

Do not upload or process regulated or sensitive information unless you have independently confirmed legal compliance and obtained all required agreements. You assume all risk for such use.

13. Data Ownership, License, and Backup Responsibility

You retain ownership of data you upload.

You grant us a limited, non-exclusive license to store, process, transmit, and display data solely to provide the Services.

You are responsible for exporting and backing up your data. We do not guarantee data restoration or availability of backups.

14. Data Retention and Deletion

Data retention and deletion practices are described in the Privacy Policy and are subject to technical and legal limitations.

15. Assets and Portability

Funnels, automations, templates, and assets created for your account belong to you.

Portability is limited to what the underlying platform supports. We do not guarantee exportability or migration outside the platform ecosystem.

16. Third-Party Services and Pass-Through Obligations

The Services rely on third-party infrastructure and providers.

Your use of the Services may be subject to third-party terms, policies, and enforcement actions. We are not responsible for third-party outages, policy changes, or enforcement decisions.

17. Intellectual Property

We own all platform software, branding, interfaces, documentation, and materials not created by users.

You may not copy, reproduce, distribute, or create derivative works without permission.

18. Feedback

If you submit feedback, ideas, or suggestions, you grant us the right to use them without restriction or compensation.

19. Testimonials and Results

You grant permission to use testimonials and anonymized results unless you revoke permission in writing. Previously published materials may remain in circulation.

20. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no guarantees regarding uptime, deliverability, results, revenue, or performance.

21. Limitation of Liability

To the maximum extent permitted by law, total liability will not exceed the fees paid by you in the three months immediately preceding the event giving rise to the claim.

We are not liable for indirect, incidental, consequential, special, or punitive damages.

22. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its owners, officers, employees, and partners from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Services
• Messaging activity
• Uploaded data
• Violation of law or third-party rights

This obligation survives termination.

23. Dispute Resolution and Arbitration

23.1 Informal Resolution

You agree to attempt informal resolution by contacting us at hello@liftmarketingsystem.com for at least 30 days before filing a claim.

23.2 Binding Arbitration

Except for claims eligible for small claims court or seeking injunctive relief for intellectual property misuse, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules.

Arbitration will take place in Michigan unless otherwise agreed.

23.3 Class Action Waiver

Disputes may only be brought in an individual capacity. You waive the right to participate in class or representative actions.

23.4 Time Limit

Claims must be brought within one year of accrual unless prohibited by law.

24. Governing Law

These Terms are governed by the laws of the State of Michigan and applicable US federal law.

25. Electronic Communications and E-Sign

You consent to electronic communications and agree that electronic agreements and notices satisfy legal requirements.

26. Force Majeure

We are not liable for failures caused by events beyond our reasonable control, including provider outages, carrier actions, natural disasters, or governmental acts.

27. Assignment

You may not assign these Terms without consent. We may assign them in connection with a merger, sale, or reorganization.

28. Severability

If any provision is held unenforceable, the remaining provisions remain in effect.

29. Entire Agreement

These Terms and the Incorporated Policies constitute the entire agreement between you and the Company.