1. ACCEPTANCE OF TERMS

Welcome to Klubber LLC ("Klubber," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, services, and any related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after changes constitutes acceptance of the modified Terms.

2. ELIGIBILITY

2.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old.

2.2 Business Use

Our Services are designed for business use. By registering for an account, you represent that you are authorized to bind your business to these Terms.

2.3 Geographic Restrictions

Our Services are available to users in the United States and other jurisdictions where permitted by law. We reserve the right to restrict access from certain locations.

3. ACCOUNT REGISTRATION

3.1 Creating an Account

To access certain features of our Services, you must create an account by providing:

• Full name

• Email address

• Phone number

• Business name and address

• Payment information

3.2 Account Accuracy

You agree to provide accurate, current, and complete information and to update this information as necessary to maintain its accuracy.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.4 Account Termination

You may terminate your account at any time by contacting us at support@klubber.com. We may suspend or terminate your account if:

• You violate these Terms

• You engage in fraudulent activity

• You fail to pay for Services

• We determine termination is necessary for legal or business reasons

4. SERVICES AND PRICING

4.1 Service Offerings

Klubber provides the following services:

Starter Plan (Free):

• 1-page landing page

• Mobile responsive design

• Lead capture form

• Chat widget

The Booking Engine ($1,497 one-time):

• 5-page professional website

• AI voice receptionist (24/7)

• SMS & email automation

• Lead management dashboard

• 3 months local SEO

• 5 website modifications

• Weekly 1:1 strategy calls (12 weeks)

• The Contractors Vault™ (lifetime access)

• The Klub™ community (lifetime access)

The Contractors Vault™ ($197 one-time):

• Complete business-in-a-box

• All SOPs, scripts, and templates

• Email sequences and automations

• Social media content calendar

• Sales scripts and frameworks

The Klub™ ($97/month):

• Private community access

• Monthly masterminds

• Networking opportunities

• Lead trading

The Conversation™ ($497/month):

• Weekly 1:1 strategy calls

• Marketing optimization

• Revenue leak analysis

4.2 Pricing

All prices are in U.S. Dollars (USD) and are subject to change with 30 days' notice. Current pricing is available on our website.

4.3 Payment

• One-time payments are due at time of purchase

• Subscription services are billed monthly in advance

• We accept credit cards, debit cards, and other payment methods as indicated

• All payments are processed through secure third-party payment processors (Stripe, PayPal)

4.4 Refunds

See Section 11 for our refund and guarantee policy.

5. USER OBLIGATIONS

5.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Activities:

• Violate any applicable laws or regulations

• Infringe on intellectual property rights

• Transmit harmful code, viruses, or malware

• Attempt to gain unauthorized access to our systems

• Interfere with or disrupt our Services

• Impersonate another person or entity

• Harass, abuse, or harm others

• Collect user information without consent

• Use our Services for spam or unsolicited marketing

• Resell or redistribute our Services without permission

• Reverse engineer or attempt to extract source code

5.2 Content Standards

If you submit, upload, or post content through our Services, you are responsible for ensuring it:

• Does not violate any laws

• Does not infringe on third-party rights

• Is not defamatory, obscene, or offensive

• Does not contain false or misleading information

5.3 Business Compliance

You agree to:

• Comply with all applicable business regulations

• Maintain proper licenses and insurance

• Accurately represent your services

• Honor commitments to your customers

6. INTELLECTUAL PROPERTY

6.1 Klubber's Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

• Text, graphics, logos, images

• Software, code, and algorithms

• Templates, scripts, and frameworks

• Trademarks and branding

are owned by Klubber LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute our content without permission

• Use our trademarks without authorization

• Remove copyright or proprietary notices

• Create derivative works without consent

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your business purposes in accordance with these Terms.

6.3 Your Content

You retain ownership of any content you create using our Services. However, you grant us a worldwide, royalty-free license to:

• Host and display your content

• Use your testimonials and feedback for marketing (with your consent)

• Use aggregated, anonymized data for analytics and improvements

6.4 The Contractors Vault™ License

When you purchase The Contractors Vault™, you receive:

• Personal use license for templates, scripts, and frameworks

• Right to customize materials for your own business

• You may NOT:

  • Resell or redistribute the materials

  • Share access with non-paying users

  • Claim authorship of the materials

  • Use materials to create competing products

7. THIRD-PARTY SERVICES

7.1 Integrations

Our Services may integrate with third-party platforms (Google, Twilio, Stripe, etc.). Your use of these services is subject to their own terms and conditions.

7.2 Third-Party Content

We may provide links to third-party websites or resources. We are not responsible for:

• The availability or accuracy of external sites

• Content, products, or services on third-party sites

• Privacy practices of external sites

7.3 No Endorsement

Links to third parties do not constitute endorsement of their products or services.

8. WARRANTIES AND DISCLAIMERS

8.1 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. Our Services are provided "AS IS" and "AS AVAILABLE."

8.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability

• Fitness for a particular purpose

• Non-infringement

• Accuracy or completeness of content

• Error-free operation

8.3 No Guarantee of Results

While we provide tools and services to help your business:

• We do not guarantee specific results

• Your success depends on many factors outside our control

• Testimonials reflect individual results and may not be typical

• Past performance does not guarantee future results

8.4 AI Services Disclaimer

Our AI voice receptionist and automation tools:

• May not perfectly understand all accents or languages

• Could occasionally provide incorrect information

• Should be monitored and quality-checked

• Are tools to assist, not replace, human oversight

9. LIMITATION OF LIABILITY

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLUBBER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• $100, OR

• The amount you paid to Klubber in the 12 months preceding the claim

9.2 Excluded Damages

KLUBBER SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, or business opportunities

• Cost of substitute services

• Interruption of business

9.3 Basis of Bargain

These limitations reflect the allocation of risk between the parties and are fundamental elements of our agreement.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Klubber LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your use of our Services

• Your violation of these Terms

• Your violation of any rights of another party

• Your business activities and customer interactions

• Content you submit or post

11. REFUND POLICY AND GUARANTEES

11.1 The Booking Engine Guarantee

30 Bookings in 60 Days or Full Refund

If you purchase The Booking Engine ($1,497) and do not receive at least 30 booked appointments within 60 days of activation, we will refund 100% of your payment.

Conditions:

• You must actively use all provided tools (AI receptionist, automation, etc.)

• You must attend scheduled strategy calls

• You must follow our recommended setup and optimization steps

• You must request refund within 70 days of purchase

• You must provide access to analytics to verify booking count

11.2 Digital Products (The Contractors Vault™)

Due to the digital nature of The Contractors Vault™:

• No refunds after download/access

• All sales are final

• Preview content is available before purchase

11.3 Subscription Services

The Klub™ and The Conversation™:

• Cancel anytime (no refunds for partial months)

• Cancellation takes effect at end of current billing period

• Access continues until end of paid period

11.4 Starter Plan (Free)

No refund necessary as service is free.

11.5 Refund Process

To request a refund:

1. Email: support@klubber.com

2. Subject: "Refund Request"

3. Include: Order number, reason for request, proof of eligibility

4. We will respond within 5 business days

5. Approved refunds processed within 10 business days

12. CONFIDENTIALITY

12.1 Confidential Information

During your use of our Services, you may have access to confidential information, including:

• Proprietary business methods

• Templates and frameworks

• Client strategies and data

12.2 Your Obligations

You agree to:

• Keep confidential information secret

• Use it only for intended purposes

• Not disclose to third parties without consent

12.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available

• You received from another source legally

• You developed independently

• Must be disclosed by law

13. TERM AND TERMINATION

13.1 Term

These Terms remain in effect while you use our Services.

13.2 Termination by You

You may terminate your account at any time by:

• Canceling through your account settings

• Emailing support@klubber.com

• Ceasing use of the Services

13.3 Termination by Us

We may suspend or terminate your access immediately if:

• You breach these Terms

• You engage in fraudulent activity

• Required by law

• Your account remains inactive for 2+ years

13.4 Effect of Termination

Upon termination:

• Your right to use the Services ends immediately

• We may delete your account and data (after 30-day grace period)

• Outstanding payments remain due

• Provisions that should survive (warranties, liability, etc.) continue

13.5 Data Export

Before termination, you may request export of your data by contacting support@klubber.com.

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@klubber.com to attempt informal resolution. We will work in good faith to resolve the dispute within 30 days.

14.2 Binding Arbitration

If informal resolution fails, you agree that disputes will be resolved through binding arbitration rather than in court, except:

• Small claims court disputes

• Intellectual property disputes

• Claims for injunctive relief

Arbitration Rules:

• Governed by Federal Arbitration Act

• Conducted by American Arbitration Association (AAA)

• Location: New Mexico

• Each party bears own costs (unless otherwise awarded)

14.3 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. There will be no right or authority for any dispute to be arbitrated or litigated on a class-action basis.

14.4 Opt-Out

You may opt out of arbitration by sending written notice to legal@klubber.com within 30 days of accepting these Terms.

15. GOVERNING LAW

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles.

Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Albuquerque, New Mexico.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Klubber regarding our Services.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, war, pandemics, government actions, etc.).

16.6 Notices

Notices to you may be sent to your registered email address. Notices to us should be sent to:

Klubber LLC
Email: legal@klubber.com
Address: [Your Business Address]

16.7 Relationship

No agency, partnership, joint venture, or employment relationship is created by these Terms.

16.8 Headings

Section headings are for convenience only and do not affect interpretation.

17. CONTACT INFORMATION

For questions about these Terms:

Klubber LLC
Email: legal@klubber.com
Support: support@klubber.com
Website: www.klubber.co
Address: 1209 Mountain Rd Pl NE Ste R, Albuquerque, NM 87110

18. ACKNOWLEDGMENT

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms

• You agree to be bound by these Terms

• You are at least 18 years old

• You have authority to bind your business to these Terms

Last Updated: January 17, 2025