Terms and Conditions | Provine Marketing Inc

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Terms and Conditions

Provine Marketing Inc

Effective date: November 13, 2026

These Terms and Conditions ("Terms") govern your access to and use of the white-label software platform, websites, applications, and related services that Provine Marketing Inc ("Provine," "we," "us," or "our") provides, including services available at https://provinemarketinginc.com and any related subdomain or login we operate for this brand (together, the "Platform").

By creating an account, signing in, clicking to accept, paying an invoice, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

If you are accepting these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization. In that case, "you" and "Customer" mean that organization.

Our Privacy Policy, available at https://provinemarketinginc.com/privacy-policy, is part of these Terms.

1. Who we are

Legal name: Provine Marketing Inc

State of formation: Colorado

Address: 4450 Arapahoe Ave Ste 100, Boulder, CO 80303

Email: [email protected]

Phone: (720) 318-9734

Website: https://provinemarketinginc.com

2. The Platform and our services

The Platform is an agency software-as-a-service (SaaS) offering. Depending on your plan and on the features you enable, it may include:

  • Customer relationship management (CRM), pipelines, and contact records
  • Funnels, landing pages, websites, forms, surveys, and calendars
  • Email sending and automations
  • SMS and other text messaging
  • Phone calls, call tracking, voicemail, and related voice features
  • AI agents, assistants, and other AI-powered tools
  • Reputation, reporting, and other marketing or operations tools we make available

We may add, change, or discontinue features. Some features depend on third-party platforms described in Section 9 and may require extra setup, registration (including A2P 10DLC), or usage fees.

The features, user limits, usage allowances, and prices that apply to you are set in your order, checkout page, invoice, or a separate written agreement with us. If those documents conflict with these Terms on price, term, or features, the order or written agreement controls for that conflict.

3. Accounts and access

You must be at least 18 years old and able to form a binding contract to open an account.

You agree to provide accurate account and billing information and to keep it current.

You are responsible for all activity under your account, including activity by users you invite. You must keep usernames, passwords, API keys, and other credentials confidential, and you must notify us promptly at [email protected] if you believe your account has been misused.

We may refuse, limit, or revoke access if we reasonably believe these Terms have been violated, if a payment is past due, or if we are required to do so by law or by a provider or carrier.

You may not share a single login in a way that evades plan limits, resell access except as we expressly allow in writing, or access the Platform by any method we have not authorized.

4. Subscriptions, billing, and taxes

The Platform is offered on a subscription basis, usually billed monthly or annually, unless your order says otherwise.

You authorize us and our payment processor to charge the payment method you provide for subscription fees, applicable taxes, and any usage fees (for example, SMS segments, email volume, phone minutes, or AI usage) at the then-current rates for your plan, or at the rates stated on your order.

Billing starts on the date your paid subscription begins and renews automatically at the end of each billing period until you cancel as described below.

If a payment fails, we may retry the charge and may suspend or limit the Platform until payment is received. You remain responsible for amounts due.

We may change subscription or usage fees. If we increase fees for a renewing subscription, we will give you notice in advance, usually at least 30 days before the new fees take effect. The new fees apply at the next renewal unless you cancel before that date.

You are responsible for any sales, use, or similar taxes that apply, except for taxes based on our net income. If we are required to collect tax, we will add it to your invoice.

5. Cancellation and refunds

You may cancel your subscription at any time by sending a written request to [email protected] or by using any cancellation method we provide in the Platform. Unless your order says otherwise, cancellation takes effect at the end of the then-current billing period. You will continue to have access until that date.

We do not provide refunds or credits for partial billing periods, unused time, unused usage allowances, or features you did not use, except where required by law or where we agree in writing.

Usage charges already incurred are payable and are not refundable.

If we terminate your access for convenience (not because you breached these Terms), we will refund any prepaid, unused subscription fees for the remaining part of the then-current period.

If we terminate your access because you breached these Terms, fees already paid are not refundable, and amounts you owe remain due.

6. Your data and data ownership

"Your Data" means the contacts, customer records, content, media, forms, messages, and other information that you or your users submit to the Platform.

You own Your Data. We do not claim ownership of it.

You grant Provine Marketing Inc a worldwide, limited license to host, process, transmit, display, and otherwise use Your Data only as needed to provide, maintain, secure, and improve the Platform, to comply with law, and to follow your instructions.

You represent that you have all rights, notices, and consents needed to submit Your Data to the Platform and to use the Platform to store and communicate that data, including emails, texts, and calls to your contacts.

We own the Platform, including software, designs, templates we supply, documentation, and our names and logos. We grant you a limited, non-exclusive, non-transferable right to use the Platform during your paid or otherwise authorized subscription, solely for your internal business purposes and in line with these Terms.

You may not copy, modify, reverse engineer, or create derivative works of the Platform, except to the extent the law does not allow us to restrict that.

When your subscription ends, you may export Your Data while your account remains open. If you request an export in writing at [email protected] within 30 days after termination, we will reasonably assist. After that period, we may delete Your Data in the ordinary course, except for copies we must keep for legal, security, or backup purposes, which we will handle as described in our Privacy Policy.

7. Acceptable use

You agree to use the Platform only for lawful business purposes and to comply with these Terms, our policies, and all applicable laws and industry rules. That includes, without limitation:

  • The Telephone Consumer Protection Act (TCPA) and related Federal Communications Commission rules, and any similar state laws
  • The CAN-SPAM Act and any similar email laws that apply to you
  • A2P 10DLC, carrier, and other messaging-registration rules for business texting in the United States, and any similar rules in other countries you message
  • Privacy, consumer-protection, and do-not-call or do-not-contact rules

You are the sender of the emails, text messages, and calls you make through the Platform. You are responsible for:

  • Obtaining and keeping records of any consent required before you email, text, or call a person
  • Identifying yourself clearly in your messages
  • Honoring opt-out requests promptly, including STOP for texts and unsubscribe requests for commercial email
  • Not contacting people who have opted out, who are on a do-not-contact list that applies to you, or who have not given required consent
  • The content of your messages, pages, and AI-generated output that you send or publish
  • Completing any brand, campaign, or other registration (such as A2P 10DLC) required for your messaging

We may provide tools that help you collect consent or process opt-outs. Those tools do not make us responsible for your compliance, and they do not guarantee that a particular campaign is lawful.

You must not use the Platform to:

  • Send spam, collect contacts unlawfully, or buy or use lists that lack required consent
  • Send or store unlawful, harmful, defamatory, or infringing content
  • Mislead recipients about who is sending a message
  • Interfere with or probe the Platform, other accounts, or our providers
  • Circumvent usage limits, security, or billing
  • Use AI features to generate or send content that violates this section

We may suspend or terminate sending privileges or your account, with or without notice, if we reasonably believe you have violated this section, if a provider or carrier requires it, or if your use creates a legal, security, or reputational risk. You remain responsible for fees incurred and for any fines or costs that result from your use.

8. SMS, email, and calling tools

If you enable SMS, email, or calling, message and data rates may apply to you and to recipients, and usage fees may apply under your plan.

For texts sent through the Platform, recipients must be able to reply STOP to opt out and HELP for help, unless a legally permitted exception applies. You must honor those requests.

We and our providers may insert or require required disclosures, filter messages, or block traffic that appears to violate carrier rules or these Terms.

Your use of messaging features is also subject to the SMS terms in our Privacy Policy, including that mobile information is not shared with third parties or affiliates for marketing or promotional purposes.

9. Third-party platforms

The Platform is provided as a white-label experience and is powered in whole or in part by third-party services. Those services currently include, or may include:

  • HighLevel (also known as GoHighLevel), which provides much of the underlying software
  • Stripe, which processes payments
  • Twilio and/or LeadConnector, which may provide or route SMS, voice, and related communications
  • Mailgun or similar providers, which may deliver email

Those providers are independent. Their terms, acceptable-use rules, and privacy policies apply to the services they provide. We are not responsible for outages, delays, filtering, deliverability, or changes by those providers, or for your relationship with them if you contract with them directly.

We may change providers from time to time. Doing so does not change our obligations to you under these Terms, except as needed to keep the Platform operating.

10. AI features

AI-powered features may generate suggestions, messages, summaries, or other output. AI output can be incomplete, inaccurate, or inappropriate. You must review output before you rely on it or send it to a customer or the public. You remain responsible for how you use AI features and for any resulting communications.

You must not use AI features to attempt to identify a person in a way the law does not allow, to collect information from children, or to violate Section 7.

11. Confidentiality and account security

Each party may receive confidential information of the other, such as non-public business, technical, or customer information. The receiving party will use that information only to perform under these Terms and will protect it with reasonable care. This duty does not apply to information that is public through no fault of the receiving party, that the receiving party already lawfully knew, or that the receiving party independently developed.

We use reasonable administrative, technical, and physical safeguards designed to protect the Platform and Your Data. No method of transmission or storage is completely secure, and we do not guarantee that the Platform will operate without errors or interruption, or that it will be immune from unauthorized access.

12. Disclaimer of warranties

The Platform is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Platform will meet your requirements, produce any particular business result, or be uninterrupted, timely, or secure, or that it will operate without errors, or that emails, texts, or calls will be delivered without delay or filtering.

13. Limitation of liability

To the fullest extent permitted by law, Provine Marketing Inc and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, even if we have been advised that such damages are possible.

To the fullest extent permitted by law, our total liability arising out of or relating to these Terms or the Platform will not exceed the amounts you paid to us for the Platform in the twelve (12) months before the claim. If you have not paid any amounts in that period, our total liability will not exceed one hundred U.S. dollars (US $100).

Some states do not allow certain limitations. In those states, our liability is limited to the greatest extent permitted by law.

14. Indemnity

You will defend, indemnify, and hold harmless Provine Marketing Inc and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Data; (b) your emails, texts, calls, pages, or other content; (c) your use of the Platform, including any failure to obtain consent or to comply with TCPA, CAN-SPAM, A2P 10DLC, or similar laws; (d) your breach of these Terms; or (e) a dispute between you and your customers, contacts, or users.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on the Platform or at https://provinemarketinginc.com/terms-and-conditions and update the effective date. If a change is material, we will also provide notice, such as by email to the address on your account or by a message in the Platform, a reasonable time before the change takes effect.

Your continued use of the Platform after the updated Terms take effect means you accept the changes. If you do not agree, you must stop using the Platform and cancel your subscription.

16. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules. Except where the law requires otherwise, you and we agree that the state and federal courts located in Colorado will have exclusive jurisdiction over disputes arising out of these Terms or the Platform, and you consent to venue in those courts.

If a court finds a part of these Terms unenforceable, the rest remains in effect. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, sale, or reorganization. These Terms, together with your order and our Privacy Policy, are the entire agreement between you and us regarding the Platform and replace any prior discussions about it.

17. Contact us

Questions about these Terms may be sent to:

Provine Marketing Inc 4450 Arapahoe Ave Ste 100 Boulder, CO 80303 Email: [email protected] Phone: (720) 318-9734 Website: https://provinemarketinginc.com