Rodney Agatep | Agatep Media - Terms of Use Agreement

Effective Date: May 1, 2025

1. Introduction

Welcome to agatep.ca (collectively, the “Website”). This Terms of Use Agreement (the “Agreement”) is a legal contract between you and Rodney Agatep | Agatep Media (“Company,” “we,” “us,” or “our”), governing your use of the Website and all related services, products, content, and materials (collectively, the “Services”).

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing or using any part of the Services—including clicking "accept" or "agree"—you confirm that you’ve read, understood, and agreed to be bound by this Agreement, either on your own behalf or on behalf of the organization you represent. If you do not accept these terms, you must not access or use the Services.

2.2 Eligibility

To access or use the Services, you must:

Be at least 18 years of age
Not use the Services in competition with our business

By using the Services, you confirm that you meet all eligibility requirements and have the authority to enter into this Agreement.

2.3 Modifications

We may update this Agreement at any time. When changes are made, we will provide reasonable notice unless changes are made for legal or administrative reasons. Continued use after such changes constitutes your acceptance of the updated terms. Please check this page regularly.

3. Use of the Services

3.1 Service Changes

We reserve the right to change, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable for any unavailability.

3.2 Account Creation

To access certain features, you may need to create an account and provide accurate, current information. If you connect through a third-party service, you authorize us to access and use your information as allowed by that service and governed by our Privacy Policy.

3.3 Account Security

You are solely responsible for your account and must safeguard your login credentials. You agree to notify us immediately of any unauthorized use. We are not liable for losses caused by your failure to protect your account.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, at our sole discretion.

4. Acceptable Use

4.1 Lawful Use Only

You may use the Services only for lawful purposes and in accordance with this Agreement. Any commercial use must align with our business standards.

4.2 Prohibited Conduct

You agree not to:

Violate laws or third-party rights
Send spam or unauthorized messages
Impersonate others or mislead users
Harm or exploit minors
Post content that violates our content standards
Harass, disrupt, or harm other users
Interfere with Service operations
Scrape or monitor data without permission
Upload malware or harmful code
Breach security or attempt unauthorized access
Reverse-engineer or access source code
Collect user data without consent
Assist others in any prohibited activity

4.3 Geographic Use

The Services are intended for users located in the United States and Canada. If you access the Website from another location, you are responsible for complying with local laws.

5. Transactions and Purchases

5.1 How Purchases Work

Purchases are made through a third-party checkout system. You must provide accurate billing information and review your order before submission.

5.2 Order Agreement

By submitting an order:

You agree to pay all applicable charges
You agree to provide any necessary personal or project-related information
You will receive confirmation via email once the order is submitted

5.3 Pricing

All prices, taxes, and fees will be clearly disclosed before you submit your order.

5.4 Payment Methods

We accept the payment methods listed at checkout. All transactions are processed by third-party providers—we do not store payment data. Failed payments may result in canceled orders, and any associated fees are your responsibility.

5.5 Usage Rights

Rights to use any purchased Services will only be granted once full payment is received.

6. Intellectual Property Rights

6.1 Ownership

All content, features, functionality, and intellectual property—including copyrights, trademarks, trade secrets, and patents—within the Services (collectively, the “Content”) are owned by Rodney Agatep | Agatep Media, its licensors, or other authorized content providers. These materials are protected by U.S. and international laws. Access to the Services does not transfer any ownership rights to you. All rights not explicitly granted are reserved.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Content strictly for your own commercial or business purposes in line with this Agreement. This license ends when you stop using the Services or this Agreement is terminated.

6.3 Usage Restrictions

You agree not to:

Copy, publish, transmit, or distribute any Content except as permitted
Modify, reverse-engineer, or create derivative works from any Content
Sell, license, or commercially exploit the Services or Content in whole or part
Remove or alter copyright, trademark, or proprietary notices
Use the Services to create or support a competing product or service
Extract or compile Content into a database or collection manually or automatically

6.4 Trademarks

All trademarks, logos, and service marks used on the Services are owned by us or third parties. You may not use them without express written permission from the respective owner.

7. User Content

7.1 Responsibility for Content

You are solely responsible for any content you post or share on or through the Services (“User Content”), including forums, profiles, chat, or comments. All User Content must comply with the Content Standards below. Anything you post is considered non-confidential and non-proprietary. You assume all risks associated with it—including the accuracy and potential for public exposure.

We are not responsible for disputes between users or for User Content posted by you or others. Interactions are solely your responsibility.

7.2 License Grant

By submitting User Content, you grant Rodney Agatep | Agatep Media a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, display, distribute, modify, and sublicense your content in connection with the Services and our business. This includes use in promotions and media of all formats.

You confirm you have the legal rights to grant this license and waive any claims related to our use of your content. Any content containing personal information is still governed by our Privacy Policy.

7.3 Content Standards

User Content must not:

Violate laws, intellectual property, or contractual obligations
Encourage unlawful behavior or cause harm
Include defamatory, obscene, abusive, or offensive material
Promote discrimination, hate speech, or sexually explicit content
Be false, misleading, or impersonate others
Imply endorsement by Rodney Agatep | Agatep Media unless explicitly approved

7.4 Monitoring and Enforcement

We reserve the right, but not the obligation, to:

Remove or refuse to post User Content at our discretion
Disclose your identity or content if legally required
Suspend or terminate your access for violations
Report unlawful content or behavior to authorities

We are not responsible for pre-screening content and assume no liability for monitoring, moderating, or failing to remove any material.

8. Copyright Infringement (DMCA Policy)

We respect intellectual property rights and expect users to do the same. If you believe content on the Services infringes your copyright, please submit a DMCA notice including:

Your physical or electronic signature
Description of the copyrighted work
URL or exact location of the infringing material
Your contact details
A statement of good-faith belief the use is unauthorized
A statement under penalty of perjury that your claim is accurate and you are authorized to act

Send all DMCA notices to: support@agatep.ca

Misuse of this process may result in liability under 17 U.S.C. § 512(f).

9. Feedback

If you provide suggestions, ideas, or feedback to us ("Feedback"), you agree that we may use it without restriction or compensation. You waive any rights to the Feedback, and we may use it for any purpose, including product development and marketing. All Feedback is considered non-confidential.

10. Assumption of Risk

All content and information on the Services are provided for general information only. We make no guarantees about its accuracy, reliability, or usefulness. Any reliance on such information is at your own risk. We disclaim all liability for how such information is used by you or others.

11. Privacy

For details on how we collect, use, and share your information, please review our Privacy Policy.

All SMS opt-in data and consent information will not be shared with any third parties, except for aggregators and service providers necessary to deliver SMS services. Your mobile data will not be sold or used for marketing by third parties or affiliates.

By using the Services, you consent to the collection, use, and sharing of your data as outlined in the Privacy Policy.

12. White-Labeled HighLevel CRM Services

12.1 Third-Party Platform

We provide access to white-labeled HighLevel CRM services under our brand. The actual platform, infrastructure, and software are owned and operated by GoHighLevel.

12.2 Limitation of Liability

We are not responsible for any issues, including but not limited to:

Downtime or service interruptions
Data loss or corruption
Security breaches or unauthorized access
Changes to features or functionality
Any other technical issues related to the HighLevel platform

12.3 Support for Platform Issues

You acknowledge that for core functionality issues, you may need to contact GoHighLevel directly at gohighlevel.com.

12.4 Data Processing

Your data may be processed in accordance with both our policies and GoHighLevel’s privacy policy and terms of service.

12.5 Service Continuity

We cannot guarantee the continued availability or functionality of the HighLevel platform, as those decisions are outside our control.

12.6 Acceptance of Risk

By using our white-labeled CRM services, you acknowledge the risks of using a third-party platform and agree to hold us harmless for any issues related to GoHighLevel.

13. AI Technologies and Services

13.1 AI-Powered Features

Our Services may include AI technologies such as:

AI customer support agents (text and voice)
Automated content generation
AI analytics and reporting
Quality assurance tools
Natural language processing
Speech-to-text capabilities

13.2 Your Interactions with AI Systems

You may interact with automated AI systems instead of humans
AI responses are generated through algorithms
AI may personalize services based on your data
We will disclose when AI is used
You can request human intervention at any time

13.3 Data Collection for AI Systems

AI systems may collect:

Text and chat inputs
Voice recordings (when enabled)
Usage data and preferences
Shared or created content
Technical usage details

All AI data collection is subject to our Privacy Policy.

13.4 AI Training and Improvement

We may use anonymized, aggregated data to improve AI systems
We won’t use your confidential business data without consent
You may opt out of AI training by contacting support@agatep.ca

13.5 AI-Generated Content

We do not guarantee the accuracy or completeness of AI-generated content
You are responsible for reviewing AI-generated outputs
AI content is not a substitute for professional advice
We reserve the right to remove AI-generated content that violates our policies

13.6 AI Voice Technologies

Voice recordings may be processed and transcribed
You’ll be notified before voice recording begins
Voice data is protected by security measures
You may request deletion of voice recordings by contacting us

13.7 Intellectual Property for AI-Generated Content

The Company retains rights to the AI systems
You receive a license to use AI-generated content for business use
You may not claim ownership of the AI models or outputs
We may generate similar outputs for other users
You are responsible for ensuring your use does not infringe third-party rights

13.8 AI Usage Limitations

You agree not to use AI features to:

Violate laws or our Content Standards
Create deepfakes or deceptive content
Impersonate others
Spam, harass, or manipulate the system
Reverse-engineer or extract proprietary data
Develop competing AI products

13.9 Transparency and Human Oversight

We disclose when you interact with AI
We maintain human oversight of AI use
We routinely test AI systems for bias and safety
We provide a way for you to report concerns or request human help

13.10 Changes to AI Technologies

We may:

Modify, update, or discontinue AI features without notice
Change data usage policies related to AI
Adjust pricing for AI-powered features
Inform you of significant updates to AI features or data use

13.11 Third-Party AI Technologies

Your data may be processed under third-party AI providers' terms
We maintain agreements to safeguard your data
We are not liable for changes or issues caused by third-party AI providers

13.12 Assumption of Risk for AI Technologies

AI systems may occasionally produce errors or limitations
You use AI-generated content at your own risk
We strive for continuous improvement but offer no guarantees

14. Termination

14.1 Termination

We may suspend or terminate your access to the Services at any time and for any reason without notice, including for violations of this Agreement. Upon termination, your rights to use the Services immediately cease. We are not liable for termination of your account or deletion of your User Content. You may also terminate your account at any time by contacting us.

14.2 Effect of Termination

Provisions that should survive termination—such as intellectual property rights, disclaimers, and limitations of liability—will remain in effect. Termination does not release you from any prior obligations, and may include deletion of your User Content.

15. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT:

THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT
THE SERVICES WILL MEET YOUR REQUIREMENTS
THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
ANY DEFECTS OR ERRORS WILL BE CORRECTED
THE SERVICES ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS
THE SERVICES OR ITEMS OBTAINED THROUGH THEM WILL MEET YOUR EXPECTATIONS

TO THE FULLEST EXTENT PROVIDED BY LAW, WE ARE NOT LIABLE FOR DAMAGE TO YOUR DEVICE, SYSTEM, OR DATA ARISING FROM YOUR USE OF THE SERVICES OR DOWNLOADING CONTENT. WE DO NOT GUARANTEE OR ENDORSE ANY THIRD-PARTY PRODUCTS OR SERVICES ACCESSED THROUGH OUR SERVICES.

NO ORAL OR WRITTEN ADVICE FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM FIRST USE.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

LOSS OF USE, REVENUE, PROFIT, OR BUSINESS
LOSS OF DATA OR GOODWILL
DIMINUTION IN VALUE
ANY OTHER DAMAGES UNDER ANY LEGAL THEORY

WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF FORESEEABLE OR ADVISED OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT PAID TO US IN THE LAST SIX (6) MONTHS OR
(B) ONE HUNDRED DOLLARS ($100.00)

SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS, IN WHICH CASE THEY MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, and successors from any claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your violation of this Agreement
Your use or misuse of the Services
Your User Content
Any third-party use of your account

We reserve the right, at your expense, to assume the defense of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims.

18. Disputes

18.1 Governing Law

All disputes and matters arising from this Agreement are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

18.2 Dispute Resolution and Mandatory Arbitration

BY USING OUR SERVICES, YOU AGREE TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION AND WAIVE THE RIGHT TO A LAWSUIT.

All claims or disputes shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in New Jersey by a single arbitrator.

The arbitrator’s decision will be final and enforceable in any competent court. No arbitration shall be joined with others. You may not bring or participate in class actions or consolidated claims. Each party shall bear its costs, but the prevailing party may be awarded reasonable legal fees unless the arbitrator decides otherwise.

YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

18.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CLAIM IS PERMANENTLY WAIVED AND BARRED.

19. Miscellaneous

19.1 Waiver

No failure or delay by the Company to enforce any right or provision under this Agreement shall be construed as a waiver thereof. No single or partial exercise of any right shall preclude further enforcement of any other rights.

19.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

19.3 Entire Agreement

This Agreement constitutes the entire agreement between you and the Company and supersedes all prior agreements, communications, or understandings, whether written or oral.

19.4 Headings

Headings are for convenience only and shall not affect the interpretation of any provisions of this Agreement.

19.5 No Agency or Partnership

Nothing in this Agreement shall create a partnership, joint venture, or agency relationship. You have no authority to bind the Company.

19.6 Assignment

You may not assign or delegate your rights or obligations under this Agreement without our written consent. The Company may assign this Agreement freely.

19.7 Export Laws

The Services may be subject to U.S. export control laws. You agree to comply with all applicable export laws and not to transfer restricted materials to foreign nationals or destinations in violation of such laws.

19.8 Force Majeure

The Company is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or service outages.

19.9 Compliance with Laws

You agree to comply with all applicable laws and regulations regarding your use of the Services.

19.10 No Third-Party Beneficiaries

This Agreement is intended solely for the benefit of the parties and their permitted assigns. No third party shall have any rights under this Agreement.

20. SMS/Text Messages

20.1 SMS Program Description

Our SMS program sends messages for appointments, receipts, service updates, and occasional promotions. Frequency depends on your interaction.

20.2 Opting Out

Text "STOP" to unsubscribe. We will confirm your opt-out. To rejoin, follow initial sign-up instructions or text "START".

20.3 Help and Support

For help, reply "HELP" or email support@agatep.ca.

20.4 Carrier Liability

Carriers are not responsible for delayed or undelivered messages.

20.5 Message and Data Rates

Standard message and data rates may apply. Contact your carrier for more information.

20.6 Recurring Messages Disclosure

By opting in, you consent to receive recurring texts. You are not required to opt in as a condition of purchase.

20.7 Prohibited Content

Our SMS messages will never include:

Phishing or deceptive content
Illegal or SHAFT content (sex, hate, alcohol, firearms, tobacco) that violates laws

20.8 SMS Opt-In Data Protection

SMS opt-in data and consent will not be shared with third parties, except as necessary to deliver the SMS service.

20.9 Privacy for SMS Services

Please refer to our Privacy Policy for privacy inquiries related to SMS.

21. Additional Protections and Liability Waivers

21.1 Data Security Standards

We use industry-standard measures to protect your data, but no system is 100% secure.

21.2 Service Level Commitment

We strive for 99.9% uptime but do not guarantee uninterrupted access.

21.3 Refund Policy

Unless otherwise stated, all sales are final. Refunds may be issued at our sole discretion.

21.4 Account Information Updates

You are responsible for keeping your account information current.

21.5 Reservation of Rights

All rights not expressly granted in this Agreement are reserved by the Company.

21.6 Waiver of Right to Sue

BY USING OUR SERVICES, YOU AGREE TO WAIVE YOUR RIGHT TO SUE OR PARTICIPATE IN A CLASS ACTION LAWSUIT.

21.7 Protection Against Vexatious Litigation

You agree not to bring frivolous or abusive claims. We may recover legal costs from you if you do.

21.8 Covenant Not to Sue

You agree not to sue the Company or its representatives regarding any aspect of the Services.

21.9 Acknowledgment

BY USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT.

22. Contact Information

For copyright claims, refer to Section 8. For all other inquiries:

Email: support@agatep.ca

Last Updated: May 1, 2025