IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

These Terms of Service (“Terms”) govern your subscription to and use of the Influx Base platform and related services (the “Platform” and “Services”). The Platform and Services are provided by THE AWAKENING BEGINS LLC, a Missouri limited liability company (“Company,” “we,” “us,” or “our”). Our mailing address is PO Box 22, Eminence, MO 65466.

By creating an account, subscribing, accessing, or using the Platform, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not use the Platform.

1) White-Label Disclosure; HighLevel Terms Also Apply

1.1 Powered by GoHighLevel / HighLevel (White-Label). Influx Base is a white-labeled software platform powered by HighLevel Inc. (“HighLevel”), sometimes known as “GoHighLevel” or “GHL.” We are not attempting to conceal this relationship.

1.2 HighLevel Terms of Service. Because the Platform is powered by HighLevel, your use of the Platform must also comply with HighLevel’s terms. HighLevel’s Terms of Service are available here: https://www.gohighlevel.com/terms-of-service

You agree to comply with HighLevel’s terms as a condition of using Influx Base.

1.3 No Contract with HighLevel Through Us. Your contract for Influx Base is with THE AWAKENING BEGINS LLC, not HighLevel. HighLevel is not responsible for your relationship with us, your support requests, your billing with us, or your business operations.

1.4 Conflicts. If these Terms conflict with HighLevel’s requirements for use of the underlying platform, you agree to comply with the more restrictive requirement.

2) B2B Only; Eligibility; Authority

2.1 Business-to-Business Use Only. The Platform is offered only for business use (including in connection with your trade, craft, profession, or commercial enterprise). You represent and warrant that you are not using the Platform as a consumer for personal, family, or household purposes.

2.2 Minimum Age. You must be at least 18 years old to use the Platform.

2.3 Authority. If you accept these Terms on behalf of an entity, you represent and warrant you have authority to bind that entity.

3) Account Registration; Security; Admin Access

3.1 Accurate Information. You agree to provide complete, current, and accurate account information and keep it updated.

3.2 Account Credentials. You are responsible for safeguarding your passwords, API keys, and other credentials, and for all activity that occurs under your account, whether authorized or not.

3.3 Security Practices. You agree to implement reasonable security practices, including enabling multi-factor authentication where available and promptly removing access for users who no longer require it.

3.4 Administrative Access for Support and Security. You authorize us (and our platform providers, including HighLevel and communications vendors) to access your account and related data as reasonably necessary to:

- provide support and troubleshoot issues,

- maintain security and prevent abuse,

- comply with law or respond to lawful requests, and/or

- enforce these Terms.

4) Subscription, Billing, Cancellation, and No Refunds

4.1 Fees and Billing. Your subscription fees (and any usage-based fees) are as presented at purchase or otherwise agreed in writing. You authorize us to charge your payment method on file for recurring subscription fees and any applicable usage fees and pass-through charges as described below.

4.2 No Free Trial. We do not offer a free trial unless we expressly agree otherwise in writing.

4.3 No Refunds; No Prorations. ALL FEES ARE NON-REFUNDABLE AND NON-PRORATABLE, including subscription fees and usage-based fees, except where required by applicable law.

4.4 Cancellation. You may cancel by sending a written cancellation email to [email protected]. To avoid the next renewal charge, we must receive your cancellation email at least 7 days before your renewal date. Unless we state otherwise in writing, cancellation becomes effective at the end of your then-current billing period.

4.5 Nonpayment; Suspension. If payment fails or amounts become past due, we may suspend or terminate access to the Platform. You remain responsible for all fees incurred through the effective date of cancellation/termination and any chargeback/collection costs where permitted by law.

5) Communications Features (SMS/MMS/Email/Voice) and Third-Party Providers

5.1 Communications Tools Provided Through Third Parties. The Platform may enable communications features such as SMS, MMS, email sending, voice calling, voicemail, and related capabilities. These features may be provided through third parties including (without limitation) LeadConnector, Twilio, Mailgun, and telecom/email carrier partners (“Communications Providers”).

5.2 You Are the Sender / Caller / Advertiser. You control the content, timing, recipients, and targeting of all communications sent using the Platform. You are solely responsible for all communications and will be deemed the sender/telemarketer/advertiser for legal and regulatory purposes.

5.3 Your Compliance Obligations (TCPA, CAN-SPAM, etc.). You are solely responsible for compliance with all applicable laws and regulations relating to communications and marketing, including (as applicable): TCPA, TSR, CAN-SPAM, CASL, GDPR/ePrivacy, do-not-call rules, carrier policies, and A2P/10DLC registration and requirements.

5.4 Consent and Recordkeeping. You represent and warrant you have obtained all required consents/permissions and will maintain adequate records of consent, opt-outs, and compliance.

5.5 Deliverability, Filtering, and Blocking. Carriers and providers may block, filter, or throttle messages and calls, and deliverability is not guaranteed. We are not liable for deliverability outcomes, carrier decisions, or provider enforcement.

6) Usage Charges and “Mixed” Payment Configurations

6.1 Usage Fees. Certain features may incur usage-based charges (e.g., SMS segments, voice minutes, email sending, phone numbers, carrier fees, reputation services, or other provider charges).

6.2 Mixed Billing. Depending on how your account is configured: Direct Pay: you may pay certain usage charges directly within the Platform (e.g., via a wallet or provider billing), and/or Pass-Through/Rebill: we may pay certain charges on your behalf and invoice you for reimbursement (including via automatic charges to your payment method on file where authorized).

6.3 Authorization for Pass-Through Charges. You authorize us to invoice and/or charge your payment method for pass-through Communications Provider charges and related fees incurred through your use of the Platform, including charges attributable to your users or sub-accounts.

6.4 No Refunds on Usage. Usage-based charges are nonrefundable.

7) Acceptable Use; Prohibited Activities

7.1 General Rule. You may use the Platform only for lawful purposes and in accordance with these Terms and the HighLevel terms.

7.2 Prohibited Conduct. You may not (and may not permit any user to):

- violate any applicable law or regulation;

- send spam, phishing, scams, or malware;

- attempt unauthorized access, interfere with security, overload the Platform, scrape data, or circumvent technical limits;

- reverse engineer, decompile, disassemble, or attempt to derive source code except where prohibited by law;

- upload or transmit content that infringes IP rights or violates privacy rights;

- use the Platform to exploit, harm, or attempt to exploit/harm others.

7.3 Prohibited Data: HIPAA / PHI. The Platform is NOT intended for HIPAA-regulated use by default. You must not upload, store, process, or transmit Protected Health Information (PHI) or any data regulated by HIPAA through the Platform without having a separate prior HIPAA / PHI Service Agreement. If you do, you do so in violation of these Terms and at your sole risk, and we may immediately suspend or terminate your account.

7.4 Enforcement. We may monitor for abuse and may suspend, restrict, or terminate access if we reasonably believe your use violates these Terms, the HighLevel terms, provider policies, or creates legal/compliance risk.

8) Customer Data; Privacy; Data Processing

8.1 Your Data. You retain ownership of the content, contacts, and data you submit to the Platform (“Customer Data”). You grant us (and our subprocessors/providers) a limited license to host, process, transmit, and display Customer Data solely as necessary to provide, maintain, and secure the Platform.

8.2 Privacy Policy. Our Privacy Policy is located here: https://influxbase.com/ghl-app-privacy

If the Privacy Policy is updated, the updated version will apply going forward.)

8.3 Subprocessors. You acknowledge we use third-party subprocessors and infrastructure providers (including HighLevel and Communications Providers) to deliver the Platform.

8.4 Data Subject Requests. You are solely responsible for responding to data subject rights requests from your contacts/end users (access, deletion, correction, portability, etc.) and for configuring your account appropriately to meet your obligations under applicable privacy laws.

8.5 Security Incidents. If you become aware of any unauthorized access to your account, you must notify us promptly at [email protected]. You are responsible for your legally required notifications to your own customers/end users where applicable.

9) Data Retention and Deletion After Termination

9.1 30-Day Retention Window. After cancellation or termination, we may retain your Customer Data for up to 30 days to allow for reactivation, account reconciliation, or operational needs.

9.2 Deletion. After the retention window, we may delete your Customer Data, and you acknowledge deletion may be irreversible. You are responsible for exporting any data you need before cancellation/termination.

10) Intellectual Property

10.1 Our IP. We (and our licensors/providers) own the Platform and Services, including all associated intellectual property rights. You receive only a limited right to use the Platform during your subscription, subject to these Terms.

10.2 Your Materials. You represent and warrant you own or have all necessary rights to Customer Data and any content you upload, and that your use does not violate third-party rights or applicable law.

10.3 Feedback. If you submit feedback or suggestions, you grant us a perpetual, royalty-free right to use them without obligation.

11) Disclaimers

11.1 As-Is / As-Available. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Results. We do not guarantee business outcomes, profits, lead generation, deliverability, or that the Platform will be uninterrupted, error-free, secure, or meet your requirements.

11.3 Third-Party Services. We are not responsible for outages, downtime, changes, or failures of HighLevel, Communications Providers, carriers, or other third parties.

12) Limitation of Liability

12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO US FOR THE PLATFORM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Allocation of Risk. You acknowledge the fees reflect this allocation of risk and these limitations are a fundamental basis of the bargain.

13) Indemnification

You agree to defend, indemnify, and hold harmless THE AWAKENING BEGINS LLC and its members, managers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

- your use (or misuse) of the Platform,

- your communications (SMS/email/voice) and compliance obligations (consent, content, opt-outs, registrations),

- your Customer Data and any content you upload or send,

- your violation of law, provider policies, HighLevel terms, or these Terms, and/or

- disputes between you and your customers/clients/end users.

14) Term; Suspension; Termination

14.1 Term. These Terms remain in effect while you maintain an active account.

14.2 Suspension/Termination by Us. We may suspend or terminate access immediately if we reasonably believe you have violated these Terms, HighLevel terms, provider policies, or if your use creates legal/compliance, reputational, security, or deliverability risk.

14.3 Effect of Termination. Upon termination, your right to access the Platform ends. Sections that by their nature should survive (including billing obligations, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

15) Changes to These Terms

We may update these Terms from time to time by posting an updated version at the URL below and updating the “Last Updated” date:
https://influxbase.com/ghl-app-terms
Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.

16) Governing Law

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-laws principles.

17) Mandatory Arbitration; Class Action Waiver; Venue

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION AND WAIVES CLASS ACTION RIGHTS.

17.1 Arbitration Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services (including validity, enforceability, or scope of this arbitration clause) will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as provided in Section 17.4.

17.2 Location. The arbitration will take place in Shannon County, Missouri, unless the parties agree to a remote/video arbitration or another location.

17.3 Class Action Waiver. You and we agree that all disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

17.4 Injunctive Relief / IP / Security. Either party may seek temporary or injunctive relief in a court of competent jurisdiction to protect intellectual property rights, prevent unauthorized access, or address security threats, without waiving arbitration for the underlying dispute.

17.5 Time Limit to Bring Claims. To the maximum extent permitted by law, any claim must be brought within one (1) year after the event giving rise to the claim, or it is permanently barred.

18) Notices; Contact Information

18.1 Support and Legal Notices. You may contact us at [email protected]. We provide email-only support.

18.2 Notices to You. We may send notices to the email address associated with your account. Notices are deemed received when sent, unless we receive an automated bounce/undeliverable notice.

19) Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor in interest.

20) Severability; Entire Agreement; No Waiver

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

20.2 Entire Agreement. These Terms, together with any order forms, posted policies, and incorporated documents (including the Privacy Policy and HighLevel terms), constitute the entire agreement between you and us regarding the Platform.

20.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

21) Definitions (Key Terms)

“Company” means THE AWAKENING BEGINS LLC.

“Platform” / “Services” means Influx Base and related services we provide.

“Customer Data” means data, contacts, content, and materials you upload or generate through the Platform.

“Communications Providers” means third-party messaging/telephony/email providers and carriers used to deliver communications features (including LeadConnector, Twilio, Mailgun, and carrier partners).