Last updated: March 6th, 2024
1. Introduction
These Transaction Terms ("Terms") set out the terms that govern each transaction between an Admin and a Member on WeAreForgeHealth.com ("Platform").
2. Applicability of Transaction Terms
These Terms apply to all Admin/Member Transactions on the Platform, excluding any other terms proposed by either party. These Terms are legally binding for both the Admin and Member involved in the transaction. All terms in the WeAreForgeHealth.com Privacy Policy and Terms and Conditions are incorporated by reference and have the same effect as if fully set forth herein. In case of any inconsistency between these documents and these Terms, the Terms shall prevail solely for the Admin/Member Transaction.
3. Parties
These Terms involve only the Admin and Member participating in the Admin/Member Transaction. WeAreForgeHealth.com , its subsidiaries, or affiliates do not have any rights in or participate in any Admin/Member Transaction, except to act as a payment intermediary following the instructions set out in Section 5.
4. Interpretation
Defined terms in these Terms have the following meanings:
WeAreForgeHealth.com: The educational company providing resources for using ClientKit, a white-label version of GoHighLevel.
ClientKit: The software provided by WeAreForgeHealth.com for professionals
User: A person who signs up for and uses ClientKit.
Member: Someone who joins the ClientKit Challenge Community.
Client: The clients of the Users, who have no direct relationship with WeAreForgeHealth.com.
Content: Any material provided by WeAreForgeHealth.com within ClientKit, including assets created for professionals.
Admin/Member Transaction: Any transaction between an Admin and a Member on the Platform by which access is granted to the Admin's Content, including a Subscription.
Member Payment: Any and all payments made by a Member in respect of any Admin/Member Transaction.
Subscription: A Member's subscription to the ClientKit service.
5. Automatic Renewal Subscription and Payment Terms
a. Subscription Details: By subscribing to ClientKit, the User agrees to pay $99 per month, with a 14-day free trial. The subscription is month-to-month and can be canceled at any time.
b. Payment Processing: All payments are processed through Stripe. WeAreForgeHealth.com acts only as a facilitator and does not handle payment disputes directly with Stripe.
c. Automatic Renewal: Subscriptions automatically renew at the end of each month unless canceled by the User. Users retain access to ClientKit until the end of the current billing period upon cancellation.
d. Cancellation: Users can cancel their subscription at any time through account settings or by contacting WeAreForgeHealth.com at [email protected]. No refunds will be issued for partial billing periods.
e. Authorization: By agreeing to these Terms, the User authorizes WeAreForgeHealth.com to provide their payment card details to Stripe for processing payments. Users agree to be bound by Stripe's terms and conditions.
6. License of Content
Upon successful Member Payment for an Admin/Member Transaction, WeAreForgeHealth.com grants the Member a revocable, limited license to access the applicable Content within ClientKit. This license is non-transferable, non-sublicensable, and non-exclusive, and permits the Member to access and view the Content for private, personal, non-commercial use on a personal device and via a normal web browser.
7. Ownership of Content
The Member acknowledges that the license to access Content does not grant them any ownership rights to the Content, which remains the property of WeAreForgeHealth.com.
8. Expiry of License
The license granted to a Member in relation to the Content will expire automatically without notice if:
a. The Member Payment was unsuccessful, or is charged back or reversed for any reason.
b. The Subscription ends without renewal.
c. The Member's account is suspended or terminated.
d. The Member acts in breach of WeAreForgeHealth.com's Acceptable Use Policy.
e. The Content is removed from ClientKit.
f. The Member closes their WeAreForgeHealth.com account.
9. Cancellation and Refunds
WeAreForgeHealth.com does not provide refunds. Users may cancel their subscription at any time, but no refunds will be issued for the remaining period of the subscription.
10. Obligations between Admin and Member
a. Both parties agree to comply with WeAreForgeHealth.com's Acceptable Use Policy.
b. The Member agrees to make the required payments and not initiate chargebacks unless there is a valid dispute.
c. WeAreForgeHealth.com provides the Content once the payment is made.
d. WeAreForgeHealth.com warrants that it possesses all necessary rights to the Content provided.
11. No Guarantees
Members acknowledge that content availability is not guaranteed and may be affected by various factors, including account suspension, deletion, or technical issues.
12. Terms Relating to Disputes
a. User-Client Disputes: WeAreForgeHealth.com is not responsible for disputes between Users and their Clients.
b. ClientKit Charge Disputes: For disputes related to ClientKit charges, WeAreForgeHealth.com will notify the User and provide the agreed terms upon which the service is offered.
13. Liability and Disclaimers
a. Limitation of Liability: WeAreForgeHealth.com is not liable for any indirect, incidental, special, or consequential damages arising from the use of ClientKit. The service is provided "as is" without warranties of any kind, either express or implied.
b. Disclaimer of Warranties: WeAreForgeHealth.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
14. Termination
WeAreForgeHealth.com may terminate a User's account or access to ClientKit at any time for violations of these Terms or other WeAreForgeHealth.com policies. Users may also terminate their account at any time by contacting WeAreForgeHealth.com.
15. Governing Law
These Transaction Terms are governed by the laws of the state of Texas, United States. Any disputes arising from these terms shall be resolved in the courts of Texas.