Effective date: {{ September 05, 2025 }}
Last updated: September 5, 2025
Entity: {{ Better Marketers (Better Marketers Llc) }}
Contact: [email protected] | {{ +1-703 586 3298 }}
Registered address: 11166 Fairfax Blvd, Ste 500 #1450
Fairfax, VA 22030
This is the contract between you and Better Marketers for using our websites, dashboards, and white‑label tools. Pay your plan, use the services lawfully, respect fair use, and don’t ship spam. We keep the platform secure and evolving, but no software is perfect and outages can happen. You own your content; we only use it to run the service. Big disputes go to the venue below. Read on for the details.
1) Agreement to Terms
By accessing bettermarketers.com or any subdomain (e.g., widgets.bettermarketers.com, chat.bettermarketers.com) and by using any related products, apps, widgets, integrations, or services (collectively, the “Services”), you agree to these Terms & Conditions (the “Terms”). If you’re agreeing for a company or organization, you represent that you have authority to bind that entity.
If you don’t agree, do not use the Services.
2) Who We Are
These Terms are between you and Better Marketers (the “Company,” “we,” “us,” or “our”). Our Privacy Policy explains how we handle personal data. Certain features may have additional terms (e.g., Data Processing Addendum, Affiliate Addendum, API Terms); those are incorporated by reference where applicable.
3) Eligibility
You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. The Services are not intended for children under 13 (or higher age as required by local law).
4) Accounts & Security
Registration. Provide accurate information and keep it updated. One person = one login; do not share credentials.
Security. You are responsible for all activity under your account. Use strong passwords and, where available, enable multi‑factor authentication. Notify us immediately of suspected unauthorized access.
Agency/Team access. If you invite users or manage client workspaces, you are responsible for their actions and compliance with these Terms.
5) Plans, Fees, Taxes & Billing
Subscriptions. Paid features are offered on subscription or one‑time (“Lifetime Access”) basis as displayed at checkout or in your Order/Plan. Plans auto‑renew unless canceled as described below.
Prices. Fees are shown exclusive of taxes unless stated otherwise. You authorize us and our payment processors (e.g., Stripe/Paddle/PayPal) to charge your card/account for all due amounts.
Taxes. You are responsible for applicable taxes, duties, and government charges (we may collect where required).
Changes. We may change plan features or pricing prospectively. We’ll notify you in advance where required. If you disagree, cancel before the change takes effect.
Chargebacks & failed payments. Chargebacks or repeated payment failures may lead to immediate suspension. We may use dunning processes and retry logic.
5.1 Refunds & Trials
Trials/Promos. If offered, trials convert to paid plans unless you cancel before the trial ends.
Refunds. Unless stated at purchase or required by law, all fees are non‑refundable. If a specific offer includes a refund window, the written offer controls.
5.2 Lifetime Access (Important)
“Lifetime” means the lifetime of the applicable product or plan, not the lifetime of a person. Lifetime includes continued access to the then‑current product tier while it is commercially offered and supported by us, subject to fair use, third‑party dependency changes, and technical feasibility. We may modify or discontinue legacy features if keeping them is impractical (e.g., vendor deprecations or security issues).
6) Acceptable Use Policy (AUP)
You will not:
Use the Services for unlawful, harmful, or deceptive purposes;
Send spam or unsolicited messages without proper consent (comply with CAN‑SPAM/CASL/GDPR/Philippine DPA and carrier rules);
Collect sensitive data without adequate notice and legal basis;
Infringe IP rights, violate privacy, or publish illegal content;
Attempt to hack, probe, or overload the Services;
Circumvent technical controls, limits, or billing;
Misrepresent your identity or affiliation;
Use the Services for high‑risk life‑critical systems.
We may suspend or terminate accounts for AUP breaches.
7) Your Content & Customer Data
Ownership. You own your Content and Customer Data. We do not claim ownership.
License to operate. You grant us a non‑exclusive, worldwide license to host, process, transmit, and display your Content solely to provide and improve the Services.
Your responsibilities. You are responsible for obtaining necessary consents, configuring your settings, and honoring data subject requests when you are the controller.
Prohibited data. Do not upload illegal content or regulated data categories unless our documentation expressly supports them and you have a lawful basis (e.g., PCI, HIPAA—not supported unless agreed in writing).
8) White‑Label, Reseller & Client Workspaces
If you use our platform to serve your own clients (agencies, resellers, franchises):
You must maintain your own terms and privacy with your end users and secure proper consents.
You are responsible for support to your end users unless otherwise agreed.
Misuse by your clients counts as your misuse; you must enforce AUP downstream.
Branding/whitelabel is subject to our technical guidelines. Don’t mimic us in a way that causes confusion about who provides the service.
9) Third‑Party Services & Integrations
The Services may depend on or interoperate with third parties (e.g., BuyWhiteLabel/Answerly platform, GHL, email/SMS gateways, analytics, payment processors). We do not control and are not responsible for third‑party terms, policies, or availability. Enabling an integration authorizes us to exchange necessary data with that provider. Features may change if third parties change or discontinue their services.
10) AI, Automation & Beta Features
AI features. Prompts, outputs, and logs may be processed to deliver the feature and improve safety/quality. Unless you opt‑in, we do not use your Customer Data to train third‑party foundation models. You’re responsible for reviewing AI outputs and for how you use them.
Beta/Preview. Experimental features are provided “as is” without guarantees and may be modified or withdrawn at any time. Usage may be limited.
11) Privacy & Data Protection
Our Privacy Policy explains personal data processing. Where we process Customer Data as your processor/service provider, our Data Processing Addendum (DPA) applies (including transfer mechanisms such as SCCs, as applicable). In case of conflict, the Order of Precedence below controls.
12) Service Availability, Support & Modifications
We aim for high availability and prompt support, but we do not guarantee uninterrupted operation. We may perform maintenance, make changes, or discontinue features with reasonable notice where practicable. Outages may occur due to third‑party providers, internet issues, or events beyond our control.
13) Security
We use appropriate technical and organizational measures (encryption in transit, access controls, logging). No method is 100% secure. You must configure your accounts responsibly (e.g., role permissions, 2FA) and safeguard your credentials.
14) Intellectual Property
The Services, including software, designs, and documentation, are owned by us and our licensors. Except for rights expressly granted, we reserve all rights. You will not reverse engineer, decompile, or create derivative works except to the extent permitted by law.
15) Feedback
If you give us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty‑free license to use them without any obligation.
16) Marketing & Publicity
We may identify you as a customer (name and logo) on our Sites and marketing materials unless you opt out by emailing [email protected]. Agencies may opt out on behalf of their clients if applicable.
17) Compliance: Messaging & Anti‑Spam
If you send email/SMS via the Services, you must: (a) obtain valid consent, (b) provide required identification and opt‑out mechanisms, (c) honor opt‑outs promptly, and (d) follow carrier and regional rules (e.g., A2P 10DLC registration in the U.S.). We may suspend messaging for compliance or deliverability risks.
18) Export Controls & Sanctions
You will not use or access the Services in violation of export control or sanctions laws. You confirm you are not located in, under control of, or a national/resident of any restricted country or on any prohibited list.
19) Warranties & Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED, OR THAT RESULTS WILL BE RELIABLE OR ACCURATE.
20) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR USD $100 IF YOU HAVE NOT PAID ANY AMOUNTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS—YOUR RIGHTS MAY VARY.
21) Indemnification
You will defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Content or Customer Data; (b) your use of the Services; (c) your breach of these Terms; or (d) your violation of law or third‑party rights.
22) Suspension & Termination
We may suspend or terminate access immediately for breach, legal risk, non‑payment, or security concerns. You may cancel any time via your account or by contacting support; cancellation takes effect at the end of the current billing period unless otherwise stated in your Order. Upon termination, your right to use the Services ends and we may delete data per our retention schedule.
23) Governing Law & Dispute Resolution
Governing Law: {{ Choose one: State of Delaware, USA | England & Wales | Republic of the Philippines | Other }} (without regard to conflict‑of‑laws rules).
Venue: {{ Courts/arbitration seat }}.
Arbitration (optional): Any dispute arising out of or relating to these Terms shall be finally resolved by confidential binding arbitration administered by {{ arbitration body }} under its rules. Either party may seek injunctive relief for misuse of IP or breach of confidentiality in any competent court.
Class Actions Waiver. To the extent permitted by law, disputes will be resolved only on an individual basis; no class or representative actions.
24) Changes to the Services & to These Terms
We may modify the Services and these Terms from time to time. Material changes will be notified via the Sites or email. Changes apply prospectively; continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Services and cancel your plan.
25) Notices
We may send notices to the email associated with your account or display them in‑app. Legal notices to us must be sent to [email protected] and to our registered address.
26) Miscellaneous
Entire Agreement. These Terms, the Order, Privacy Policy, and any applicable addenda (DPA, Affiliate, API) form the entire agreement and supersede prior discussions.
Order of Precedence. If there is a conflict: Order/Plan → Addenda → these Terms → Documentation/FAQs.
Assignment. You may not assign without our consent; we may assign to an affiliate or in connection with a corporate transaction.
Severability. If any provision is unenforceable, the remainder stays in effect.
No Waiver. Failure to enforce a provision is not a waiver.
Force Majeure. We aren’t liable for delays outside our reasonable control (e.g., outages, disasters, strikes, war).
Headings. For convenience only.
27) Definitions
Content: Any data, text, images, video, code, or materials you submit or upload to the Services.
Customer Data: Personal data contained in Content that you process through the Services.
Order/Plan: The online checkout, order form, or plan selection describing your subscription and pricing.
Lifetime Access: Access to the product/plan tier as offered and supported by us at the time of purchase, subject to Section 5.2.
28) Product‑Specific & Regional Addenda (Optional)
Attach addenda as needed:
A. Data Processing Addendum (DPA) — controller/processor terms, SCCs.
B. Affiliate Program Addendum — commissions, attribution, compliance.
C. API Terms — rate limits, keys, acceptable use.
D. Regional Terms — California (CPRA), EU/UK (GDPR), Philippines (DPA of 2012), etc.
E. Messaging Addendum — A2P registration, sender ID, throughput, prohibited content.
Document History
v1.0 — Initial public draft (Sept 5, 2025).
Legal note: This template is for general information only and isn’t legal advice. Please have counsel review and tailor before publishing.