Velocity 360 Terms of Service and Customization Agreement

2. Acceptance of Terms

By accessing, registering for, or using our Services, you represent that you have the authority to enter into these Terms and agree to be bound by them. If you don't agree with any part of these Terms, you may not use our Services.

3. Description of Services & Master Project Scope

We provide custom configuration and implementation of the Velocity 360 CRM platform tailored to your business objectives. The specific services, deliverables, and support provided are strictly limited to those explicitly defined below and in your paid invoice or executed statement of work. Any requests outside of this defined scope will require a separate written agreement and additional fees.

3.1. Operational Standard: The "37-Day Launch"

• Target Timeline & Conditional Guarantee: Our target for all technical builds is a 37-day window. This timeline is only guaranteed if the Client meets all of the following strict conditions: (a) attends and does not reschedule any scheduled meetings, (b) completes all required forms and materials at least seven (7) days prior to the next scheduled meeting, (c) requires no more than one (1) round of revisions, and (d) experiences no delays or issues related to third-party or proprietary software integrations (e.g., delays in receiving necessary webhooks or API documentation). If any of these conditions are not met, the 37-day guarantee is voided.
• The Clock: The cycle begins only after (1) Payment is received and (2) The onboarding form is submitted.
• Hosting Exclusion: Website migration or 3rd-party hosting transfers are strictly excluded. Velocity 360 provides the tools to build funnels and host internal pages, but we do not move existing external sites (e.g., WordPress, Wix).

3.2. Full Scope Line Items & Migration Caps

3.3. Technical Boundaries & Rules of Engagement

1. Integration Integrity

• Single-Instance Rule: We integrate with exactly one system per category (1 POS, 1 ERP, 1 Configurator). Connecting to multiple legacy systems or "daisy-chaining" data through multiple fulfillment tools is outside this scope.
• Webhook Protocol: Webhook support covers the standard "handshake" and data mapping. Complex custom logic or third-party middleware development beyond the allotted webhook count requires a custom engineering quote.

2. Content & Performance Logic

• Custom Content Creation Overage: The $40/item overage rate applies strictly to the creation of custom content for workflows once the combined asset cap (45 pieces for All-Inclusive/Elite) is reached.
• Asset Migration & Additional Item Overage Rates: Any requests to migrate existing assets or create structural assets beyond the specific caps defined in your selected tier will be billed at the following per-item rates to cover additional technical debt removal and configuration:
  • Custom Data Fields: $10 per item
  • SMS Templates: $10 per item
  • Email Templates: $25 per item
  • Custom Lead Forms: $50 per item
  • Active Pipelines: $100 per item
  • Workflow Product Lines: $200 per item
• Standard Performance: All tiers include the 75-Day Lead Nurture and the full Revenue Performance Dashboard Suite (Sales Velocity, Response Rates, and Attribution).
• Advanced Performance: Speed-to-Lead (<60s) and Review Capture workflows are excluded from the Basic tier.

4. Subscription Term, Pricing, and Billing

4.1. Subscription Details and Usage Limits

Access to the Velocity 360 Platform is on a subscription basis, automatically renewing as specified in Section 10. The available subscription tiers, pricing, and Usage Limits are dynamically determined by the current reference marketing materials and sales materials provided at the time of your purchase. The specific tier, term, and limits applicable to you are detailed on your executed invoice.

4.2. Subscription Terms and Pricing

Your specific pricing, commitment term (e.g., Month-to-Month, 1-Year, 2-Year, or 3-Year), and associated discounts are determined by the plan you select, as referenced in the marketing and sales materials and documented in your invoice. Yearly contracts will be indicated on your invoice. If you pay the invoice, you are agreeing to the terms and conditions on that invoice. By remitting an upfront payment for a term of one (1) year or longer, you acknowledge and agree that you are entering into a binding contract for the entire duration of that term. All contract subscriptions are set to automatically renew unless a written request is received by the Client at least 48 hours prior to the billing date.

4.3. Price Increases & Grandfather Policy

We reserve the right to increase our subscription prices upon renewal to account for inflation, increased operating costs, and improved feature updates. We may implement larger price increases if we add significant new features or capabilities. To be grandfathered into your current pricing and waive any upcoming price increase, you must renew your agreement at least 90 days prior to your renewal date and the renewal period must be for at least a 1-year extension. We reserve the right to change this policy at any time. The result of a policy change will not affect your current contract, but only future renewals.

4.4. General Payment Terms

• All fees for the Services, including any applicable setup fees, are due in advance unless otherwise agreed in writing.
• Non-Refundable Policy: All fees are strictly non-refundable. You acknowledge and agree that no refunds, credits, or pro-rated billing adjustments will be issued for any unused portion of your subscription upon termination by you. In particular, fees paid for an annual or multi-year subscription are non-refundable regardless of whether the Client utilizes the services for the entire term.
• Recurring Billing Authorization: By submitting payment, you provide irrevocable authorization for the Business (or its third-party payment processor) to charge your stored payment method for the base plan, any sub-accounts, and all applicable overage and late fees on a recurring basis until your subscription is properly terminated.
• Non-Payment: Non-payment or a declined payment may result in the immediate and automatic suspension or termination of your Services until all outstanding amounts are resolved. Non-payment also incurs a late payment charge if the payment is not remitted within thirty (30) days of the invoice due date, after which the Business reserves the right to charge the payment method on file for the full outstanding balance.

4.5. Overage and Upgrades

If usage exceeds your contracted Usage Limits, you must upgrade immediately to the next appropriate tier or pay the applicable overage fee, as defined in the current pricing materials. Billing adjusts at the time of overage. Overage charges must be rectified by the next billing cycle. If unresolved, the Business reserves the right to charge the payment method on file for the outstanding difference.

4.6. Excluded Services

The monthly subscription does not include certain services, such as Ad Manager, WordPress Hosting, AI Employees, and WhatsApp, which are available as upgrades within your Velocity 360 account at clearly marked prices.

4.7. Usage-Based Charges & Wallet System

Please note that all usage-based charges—including but not limited to phone calls, SMS messaging, email sending, and AI consumption (e.g., Content AI, Workflow AI, Conversation AI)—are not included in your monthly software subscription or initial build setup fees. These services are billed separately on a pay-as-you-go basis depending on your actual, metered consumption. A comprehensive and up-to-date schedule of all usage rates can be found at pricing.velocity360crm.com.

Wallet System and Mandatory Auto-Recharge: To facilitate usage-based billing, Velocity 360 utilizes a prepaid digital wallet system. A valid credit card must remain on file at all times to fund this wallet. You acknowledge and agree that auto-recharge is permanently enabled on your account to prevent any interruption to your communication and AI services. When your wallet balance falls below the minimum threshold, your card on file will be automatically charged to replenish the balance. This auto-recharge setting is a mandatory condition of using our telecommunication and AI services and cannot be modified, paused, or disabled as long as your account remains active.

5. Client Data and Privacy

5.1. Ownership and Use

You retain all ownership rights in your Client Data. You grant us a royalty-free, worldwide, non-exclusive license to use, process, store, and transmit the Client Data solely for the purpose of providing the Services to you.

5.2. Client Responsibility and Compliance

You are solely responsible for the accuracy and legality of your Client Data. You warrant you have all necessary rights and consents. You agree to indemnify and hold us harmless against any claims arising from the Client Data or your failure to comply with privacy laws.

5.3. Post-Cancellation Data Deletion

Client acknowledges that Client Data is subject to automatic permanent deletion 90 days following cancellation or termination of Services. Please refer to Section 10.6 for full details on data retention and retrieval responsibilities.

6. Client Responsibilities and Acceptable Use Policy (AUP)

6.1. General Responsibilities

• Attend meetings prepared; rescheduling the same meeting more than twice for any specific meeting may incur a $150 fee.
• Provide all necessary platform access and content promptly.
• Respond to inquiries from the Business within 1–2 business days. Post-30-day revisions may be billed separately.
• Gather and add all leads (including those sourced from Apollo) to the Velocity 360 platform yourself for workflow utilization. The Business will train your team on this process.

6.2. Acceptable Use Policy (AUP)

You shall not use the Services to:

• Send spam (unsolicited bulk commercial email/SMS) or engage in high-risk messaging.
• Upload or transmit any illegal, harmful, or defamatory content, or distribute viruses/malware.
• Violate the Intellectual Property, privacy rights, or other rights of any third party.
• Test the security of the Services or gain unauthorized access to any other system or data.

7. Business Responsibilities

• Provide CRM setup, automations, and strategies aligned with your goals.
• Manage timelines and guide the onboarding process (typically 4–5 weeks depending on Client responsiveness and custom requests).
• Respond to inquiries within 24 business hours.
• Safeguard client information and provide ongoing technical support via phone, email, and Google Meet for broken core functions once setup is approved.

9. Support vs. Additional Services

Support covers fixes for broken core functions (automations, phone/text issues, domain connections) after the initial setup has been approved and working properly. Additional services that require additional setup costs include new automation design, new systems integrations, and training for new hires. These additional services include but are not limited to: new automations built for you, migration services, training services, tune ups, consulting meetings, and new location onboardings.

10. Term, Termination, and Non-Renewal

10.1. Term and Automatic Renewal

This Agreement shall be effective for the Initial Term selected by the Client, as defined in the associated invoice. The Initial Term will automatically renew for successive terms of equal length (or monthly for a month-to-month term) unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

10.2. Cancellation/Non-Renewal

To cancel or opt out of automatic renewal, you must provide written notice at least thirty (30) days before your renewal date. Your access to the services will remain active until the end of the current billing term.

10.3. Early Termination

If the Client terminates this Agreement for convenience prior to the end of the Initial Term or any Renewal Term, all fees for the remainder of the then-current term will become immediately due and payable. The Client shall not be entitled to any refund of any prepaid fees. This policy is an essential part of the consideration for the term-based pricing model, which provides a discounted rate in exchange for the long-term commitment.

10.4. Account Transfer Restrictions (GHL Agencies)

The Business reserves the right to refuse or deny any Client request to transfer their account to a competing HighLevel (GHL) agency. Such a transfer will only be considered if the competing agency first purchases their own GHL agency license through our designated affiliate link and pays for that GHL agency account for one year in advance.

10.5. Data Deletion Policy

10.6. Survival

Clauses regarding Payment, Client Data, IP, Limitation of Liability, Indemnification, and Governing Law shall survive any termination of these Terms.

12. Indemnification

You agree to indemnify and hold harmless the Business, its affiliates, officers, and employees from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to: (a) your breach of these Terms, (b) your violation of any third-party rights, or (c) any violation of the Acceptable Use Policy (Section 6.2).

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Disputes fall under the exclusive jurisdiction of the state and federal courts located in Knoxville, Tennessee.

14. Privacy and SMS Terms

14.1. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is available at: https://velocity360crm.com/privacypolicy. Your mobile information will not be shared or sold to third parties for marketing purposes. Information may be shared with subcontractors to support services like customer service.

14.2. SMS Terms

• To stop receiving SMS messages: text “STOP.” To resume: re-signup.
• Carrier message/data rates may apply.