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Terms of Service

These Terms of Service ("Terms") govern your use of the Customer Revival System website and services provided by Ezekiel Guichard ("we," "our," "us," or "Service Provider"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.

2. Description of Services

2.1 Customer Revival System

We provide marketing consultation and implementation services designed to help businesses re-engage dormant customers through strategic email campaigns and customer outreach systems.

2.2 Performance-Based Model

Our services operate on a performance-based payment model where fees are calculated as a percentage of revenue generated through our campaigns. Specific terms are outlined in individual service agreements.

3. Eligibility

• You must be at least 18 years old
• You must have the legal authority to bind your business to these Terms
• You must have a legitimate business with an existing customer database
• You must not be prohibited from receiving services under applicable laws

4. User Obligations

You agree to:

• Provide accurate and complete information
• Maintain the confidentiality of any account credentials
• Comply with all applicable laws and regulations
• Have proper rights to use your customer database
• Have valid consent for email marketing where required
• Not use our services for illegal or unauthorized purposes

5. Payment Terms

5.1 Performance-Based Fees

• Fees are calculated as a percentage of revenue generated
• Specific percentages are outlined in individual agreements
• Payment is due within 30 days of invoice
• Late payments subject to 1.5% monthly interest or maximum allowed by law

5.2 Revenue Attribution

• Revenue is attributed based on agreed-upon tracking methods
• Client must provide accurate revenue reporting
• We reserve the right to audit revenue claims

6. Intellectual Property

6.1 Our Property

All content, systems, methodologies, and materials we provide remain our intellectual property unless explicitly transferred in writing.

6.2 Your Property

You retain ownership of your customer data, business information, and existing intellectual property.

6.3 License Grant

You grant us a limited license to use your business name, data, and materials solely for providing our services.

7. Confidentiality

Both parties agree to maintain confidentiality of:

• Business strategies and methodologies
• Customer lists and data
• Financial information
• Any information marked as confidential

8. Disclaimers & Limitations

8.1 Service Disclaimer

Services are provided "AS IS" without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Specific revenue or business results

8.2 Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits or revenue
• Loss of data or business opportunities
• Amounts exceeding fees paid in the preceding 12 months

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Your use of customer data without proper consent
• Any disputes with your customers
• Your business operations

10. Termination

10.1 Termination by Either Party

• Either party may terminate with 30 days written notice
• Immediate termination for material breach
• All fees for services rendered remain due

10.2 Effect of Termination

• Access to services will cease
• Each party returns or destroys confidential information
• Provisions that should survive termination will remain in effect

11. Dispute Resolution

12. Compliance with Laws

12.1 Email Marketing Compliance

You represent and warrant compliance with:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• All applicable email marketing laws

12.2 Data Protection

You confirm having proper consent and rights to use customer data in accordance with applicable privacy laws.

13. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, or internet service interruptions.

14. Governing Law

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

15. Entire Agreement

These Terms, together with any signed service agreements, constitute the entire agreement between parties and supersede all prior agreements.

16. Modifications

We reserve the right to modify these Terms at any time. Continued use after modifications constitutes acceptance of updated Terms.

17. Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

18. Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

19. Contact Information

20. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.