Terms of Service

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you may not access or use our services.

2. Description of Service

Holistically Simple is a Professional Membership Association (PMA) that provides:

• Platform Access: Unified CRM, marketing automation, website builder, and business management tools
• Strategic Frameworks: The SCALE Framework (Systemize, Consolidate, Automate, Leverage, Elevate) and implementation resources
• Community Access: Private member community, peer networking, accountability groups, and collaborative opportunities
• Educational Resources: Training materials, playbooks, case studies, live sessions, and expert workshops
• Support Services: Technical support, implementation guidance, and strategic consultation (tier-dependent)

3. Membership Tiers & Billing

3.1 Membership Levels

We offer four membership tiers:

• Foundation ($97/month): Community access + foundational resources
• Business ($497/month): Full platform access + frameworks + community
• Accelerator ($1,297/month): Advanced automation + priority support + cohort access
• Enterprise ($3,497/month): White-label capabilities + dedicated support + custom integrations

3.2 Billing Terms

All memberships are billed monthly on a recurring basis unless otherwise specified. By subscribing, you authorize us to charge your payment method on file at the beginning of each billing cycle.

• Payment Methods: We accept major credit cards and ACH transfers (Enterprise tier only)
• Auto-Renewal: Memberships automatically renew unless canceled at least 24 hours before the next billing date
• Failed Payments: If a payment fails, we will attempt to process it up to 3 times. Access may be suspended after failed attempts
• Price Changes: We reserve the right to modify pricing with 30 days' advance notice to active members

3.3 Refund Policy

3.4 Cancellation

You may cancel your membership at any time by:

• Logging into your account dashboard and selecting "Cancel Membership"
• Contacting support at [email protected]

Cancellations take effect at the end of the current billing period. You will retain access until that date. No partial refunds are provided for unused time.

4. Account Responsibilities

4.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access or security breach

4.2 Eligibility

To use our services, you must:

• Be at least 18 years of age
• Operate a legitimate business or be actively building one
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

4.3 Prohibited Uses

You agree NOT to:

• Share your account credentials with others
• Use the platform for illegal, fraudulent, or harmful activities
• Distribute spam, malware, or unsolicited commercial messages through our platform
• Scrape, harvest, or collect data from the platform or other members without permission
• Reverse engineer, decompile, or attempt to access our source code
• Resell or redistribute our services without written authorization
• Impersonate another person or entity
• Interfere with the proper functioning of the platform or other members' use

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, frameworks, software, designs, logos, trademarks, and materials provided through Holistically Simple are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may NOT:

• Reproduce, distribute, or publicly display our content without written permission
• Use our trademarks, logos, or branding without authorization
• Claim ownership of any materials provided by Holistically Simple

5.2 Limited License

We grant you a non-exclusive, non-transferable, revocable license to access and use our platform and resources solely for your personal business purposes during your active membership.

This license terminates immediately upon cancellation or termination of your membership.

5.3 Your Content

You retain ownership of any content, data, or materials you upload to the platform (e.g., customer data, marketing campaigns, website content).

By using our platform, you grant us a limited license to host, store, process, and display your content solely to provide our services to you.

You represent and warrant that you own or have the necessary rights to all content you upload and that it does not violate any third-party rights or applicable laws.

6. Community Guidelines

Our member community is built on mutual respect, collaboration, and shared growth. All members must:

• Be Respectful: Treat all members, staff, and guests with professionalism and courtesy
• Be Authentic: Share genuine insights and experiences; no false claims or misleading information
• Be Collaborative: Help others succeed; this is a community, not a competition
• Be Responsible: Do not spam, solicit, or promote unrelated products/services without permission
• Protect Privacy: Do not share other members' private information or conversations outside the community

Violations of these guidelines may result in warnings, suspension, or permanent removal from the community without refund.

7. Data & Privacy

We take data privacy seriously. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Points:

• We collect only the data necessary to provide our services
• Your customer data remains yours; we do not sell or share it with third parties
• We use industry-standard security measures to protect your data
• You may request data export or deletion at any time (subject to legal retention requirements)

8. Third-Party Integrations

Our platform integrates with third-party services (e.g., payment processors, email providers, CRM tools). Your use of these services is governed by their respective terms and privacy policies.

We are not responsible for:

• The availability, functionality, or security of third-party services
• Data breaches or issues arising from third-party providers
• Changes to third-party terms, pricing, or service availability

You acknowledge that integration with third-party services may require you to agree to their terms separately.

9. Disclaimers & Limitations of Liability

9.1 No Guarantees

9.2 "As-Is" Service

Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content or information

9.3 Limitation of Liability

To the fullest extent permitted by law, Holistically Simple, its owners, employees, and affiliates shall NOT be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, downtime, or technical failures
• Actions or omissions of third-party service providers
• Decisions made based on information or advice provided through our platform

Maximum Liability: In no event shall our total liability exceed the amount you paid to us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Holistically Simple, its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of our platform and services
• Your violation of these Terms of Service
• Your violation of any third-party rights (including intellectual property rights)
• Content or data you upload to the platform
• Your business activities conducted using our platform

11. Termination

11.1 Termination by You

You may terminate your membership at any time by canceling through your account dashboard or contacting support. Termination takes effect at the end of the current billing period.

11.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice or refund, if:

• You violate these Terms of Service
• You engage in fraudulent, illegal, or harmful activities
• Your payment fails repeatedly
• You abuse, threaten, or harass staff or other members
• We are required to do so by law or regulatory authorities

11.3 Effect of Termination

Upon termination:

• Your access to the platform and community will be revoked
• You will lose access to all resources, frameworks, and content
• You must immediately cease using any Holistically Simple materials
• We will retain data as required by law or our Privacy Policy
• No refunds will be provided for unused time (except as stated in Section 3.3)

12. Dispute Resolution

12.1 Informal Resolution

Before filing any legal claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

12.2 Binding Arbitration

Any disputes arising from or relating to these Terms or our services shall be resolved through binding arbitration rather than in court, except where prohibited by law.

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA).

12.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these Terms of Service at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• We will notify active members via email or platform notification for material changes
• Continued use of our services after changes take effect constitutes acceptance of the new terms

If you do not agree to the updated terms, you must cancel your membership before they take effect.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Membership Agreement, constitute the entire agreement between you and Holistically Simple regarding the use of our services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your membership or these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or government actions.