Terms Of Service

Provider: Fenixlabs.co Inc. dba Revenue Factory ("Revenue Factory," "we," "us," or "our")

Address: 936 SW 1st Ave. #859, Miami, FL 33130

Contact: success@revenuefactory.com | Phone: 786-706-8231

Website: https://revenuefactory.com

1. Acceptance of Terms

By accessing or using any service, product, website, application, or offering of Revenue Factory (collectively, the "Services"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Services.

If you are entering into these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and "Customer" refers to that entity.

2. Description of Services

Revenue Factory provides AI-powered marketing enablement and operating systems for local service businesses. The Services currently include:

• AI Employee subscriptions — agentic AI configured inside the Customer's GoHighLevel sub-account to handle inbound voice, text, and reviews
• AI Marketing OS subscriptions — the full GoHighLevel-based marketing operating environment configured for the Customer's business
• AI Marketing Library — productized marketing knowledge and asset environment (Reference Library and Customer Engine assets) delivered as one-time builds with optional ongoing maintenance
• Productized services — including but not limited to the Awareness Machine, Real Estate IP Advertising Pilot, and other vertical or engine-specific vehicles
• Gap Filler Services — Payment Processing referrals (through DATAONE Merchant Services), Business Financing referrals (through partner providers), and Gift Card & Loyalty Programs (through partner platform)
• Consulting and implementation services — including but not limited to the Revenue Leak Audit, 30-Day AI Employee Action Plan Session, and AI Employee Sprint

The specific Services Customer receives are determined by the order, statement of work, or subscription plan Customer purchases.

3. Platform & Third-Party Service Acknowledgment

Critical to Revenue Factory's operating model. Customer must understand the HighLevel-flows-through architecture before agreeing.

We build on HighLevel. Revenue Factory builds and delivers Services on top of the HighLevel platform operated by HighLevel Inc. and its affiliates ("HighLevel" or "HL"). The AI Employee, AI Marketing OS, and most productized services are deployed inside the Customer's HighLevel sub-account.

By using Revenue Factory's Services, Customer also agrees:

(a) HighLevel Terms. Customer's use of the underlying HighLevel platform is governed by HighLevel's then-current Terms of Service, Privacy Policy, and applicable platform agreements published at https://www.gohighlevel.com. Customer is responsible for reading and complying with HighLevel's terms.

(b) HighLevel Lead Connector EULA pass-through. HighLevel offers an embedded software component branded as "Lead Connector" governed by HighLevel's End User License Agreement. To the extent Customer or its end users access Lead Connector functionality, the HighLevel Lead Connector EULA applies. Revenue Factory does not white-label or modify the Lead Connector EULA; HighLevel's EULA governs that component directly.

(c) Other third-party services. Where Services involve other vendors — including without limitation El Toro (IP advertising infrastructure), Extendly (back-end support across customer base), DATAONE Merchant Services (payment processing), Maverick Payments and NMI (internal billing infrastructure), and other vendors disclosed in the Privacy Notice's subprocessor list — Customer's use of those services is also governed by the applicable vendor's terms.

(d) No Revenue Factory warranty over third-party services. Revenue Factory does not warrant, support, or guarantee third-party services. Disruptions, defects, security incidents, or terms changes on third-party platforms are outside Revenue Factory's control.

4. Eligibility

Services are intended for businesses and licensed business owners aged 18 or older. By using the Services, Customer represents that Customer (and any authorized end users) meet these eligibility criteria.

Services are not designed for consumers, minors, or audiences in jurisdictions where AI-powered automated services are prohibited.

5. Customer Accounts and Access

(a) Account creation. Customer may be required to register and provide accurate information. Customer is responsible for maintaining the confidentiality of credentials and for all activity under its account.

(b) Authorized users. Customer may designate authorized employees, contractors, or representatives to access Services on Customer's behalf. Customer is responsible for the acts and omissions of all authorized users.

(c) Suspension or termination for cause. Revenue Factory may suspend or terminate Customer's access if Customer materially breaches these Terms, the Acceptable Use Policy, or applicable law, or if continued service would expose Revenue Factory to legal or regulatory risk.

6. Fees, Billing, and Refunds

(a) Fees. Customer agrees to pay all applicable fees as set forth in the order, statement of work, subscription plan, or pricing page in effect at the time of purchase.

(b) Billing. Subscription fees are billed in advance on a monthly basis unless a different cadence is specified. One-time fees (e.g., AI Marketing Library builds, productized service setup, Revenue Leak Audit upgrades) are billed at the time of purchase.

(c) Payment method. Customer authorizes Revenue Factory to charge the payment method on file. Revenue Factory uses Maverick Payments and NMI as its internal billing infrastructure. If a charge fails, Revenue Factory may suspend Services until payment is resolved.

(d) Taxes. All fees are exclusive of applicable taxes. Customer is responsible for any sales, use, VAT, GST, or similar taxes.

(e) Refunds. Refunds are governed by the Revenue Factory Return & Refund Policy, available at www.revenuefactory.com/refunds. Summary:

• Projects and project-based services (e.g., website builds, landing pages, AI Marketing Library builds, productized service setups): paid upfront and non-refundable
• Subscriptions (e.g., AI Employee, AI Marketing OS, Library Maintenance): no pro-rated refunds; cancel by the end of the current billing cycle to avoid the next charge
• Products (e.g., information products, courses): paid then received; refunds at Revenue Factory's discretion on buyer-fit grounds within 7 days of purchase

(f) Price changes. Revenue Factory may change subscription pricing on a going-forward basis with at least 30 days' notice. Continued use after a notified price change constitutes acceptance.

7. Customer Responsibilities

(a) Inputs and content. Customer is responsible for the accuracy, legality, and rights to use any content, data, prompts, audience information, brand assets, customer lists, or other material provided to Revenue Factory ("Customer Materials").

(b) Compliance. Customer is responsible for ensuring its use of the Services complies with all applicable laws and regulations — including but not limited to consumer protection law, telemarketing law (TCPA, state mini-TCPAs including FTSA), email marketing law (CAN-SPAM), privacy law (state-level and international), AI disclosure laws (where applicable to Customer's jurisdiction or customers' jurisdictions), industry-specific regulations (e.g., HIPAA for healthcare, insurance regulation for insurance brokers, real estate licensing for real estate agents), and recording-consent laws.

(c) Call recording / two-party consent. AI Employee Services include call recording functionality used for training, quality assurance, and improvement. Customer is responsible for providing required disclosures to its callers and obtaining consent where required by law. Florida is a two-party consent state, as are several others. Customer should consult counsel on disclosure mechanics. Revenue Factory provides recommended scripts but does not assume Customer's legal compliance obligations.

(d) AI Employee management. AI Employee Services include AI-powered conversations with Customer's customers, leads, and end users. Customer is responsible for:

• Reviewing and approving the AI Employee job description, playbook, and quality controls before activation
• Providing reasonable oversight including weekly review of the Performance Scorecard
• Notifying Revenue Factory promptly of any complaints, errors, regulatory inquiries, or other issues

(e) AI-generated outputs. Outputs of AI Employee and other AI components are probabilistic. Customer agrees to apply reasonable human oversight and not to use AI outputs in contexts requiring guaranteed accuracy without independent verification.

(f) Acceptable Use. Customer must comply with the Acceptable Use Policy (www.revenuefactory.com/acceptable-use), which forms part of these Terms.

8. Revenue Factory Responsibilities and Service Levels

(a) Reasonable efforts. Revenue Factory will use commercially reasonable efforts to deliver the Services as described in the order or statement of work.

(b) No guarantee of outcomes. Revenue Factory provides infrastructure, configuration, AI Employees, marketing operating environments, and operating systems. Revenue Factory does NOT promise specific business outcomes — leads, revenue, ROAS, customer counts, hours saved, or similar metrics. Revenue Factory's promise is the operational consistency of the system on schedule, on brand, and on system. Customer is responsible for the parts only the Customer can run: customer relationships, business decisions, brand voice inputs, quality of underlying business, and ultimate sales conversion.

(c) Skin in the game. As publicly stated: "We profit when your customers stay, rebook, and send referrals. We lose when they churn." This is Revenue Factory's economic model. It is not an express or implied warranty of outcomes.

(d) Maintenance and updates. Revenue Factory may update Services, configurations, or playbooks at any time. Reasonable advance notice will be provided for material changes that affect Customer's use.

(e) Service availability. Services run on third-party platforms (primarily HighLevel). Service availability is subject to those platforms' service levels. Revenue Factory does NOT independently warrant uptime above and beyond the underlying platform.

9. Intellectual Property

(a) Revenue Factory IP. All Revenue Factory methodologies, frameworks, playbooks, builder prompts, Reference Library structures, AI Employee architectures, training materials, marketing methodologies (including but not limited to the AI Workforce Blueprint, the Execution OS / Enablement OS / Governance architecture, the ESADD Method, dashboard-driven design discipline, and the Fletcher Method–based Customer Engine), templates, software configurations, and any improvements thereto remain the exclusive intellectual property of Revenue Factory.

(b) License to Customer. Subject to these Terms and ongoing payment of fees, Revenue Factory grants Customer a limited, non-exclusive, non-transferable, revocable license to use the Services and deliverables solely for Customer's internal business purposes.

(c) Customer Materials. Customer retains ownership of Customer Materials. Customer grants Revenue Factory a worldwide, non-exclusive, royalty-free license to use Customer Materials solely as necessary to provide and improve the Services.

(d) Customer's permanent ownership of AI Marketing Library deliverables. Upon completion and full payment of an AI Marketing Library build (Offer 3.A or 3.B in Revenue Factory's product catalog), Customer owns the resulting Reference Library and Customer Engine markdown (.md) files in perpetuity. Customer may continue to use these files independent of any ongoing Revenue Factory relationship.

(e) No use of Customer data for general model training. Revenue Factory does NOT use Customer Materials to train general-purpose AI models offered to other customers. AI model training, where it occurs, is done by underlying vendors (e.g., the AI model providers underneath HighLevel) in accordance with their own terms. See Privacy Notice for details.

(f) Feedback. If Customer provides feedback, suggestions, or improvements regarding the Services, Customer grants Revenue Factory a perpetual, royalty-free license to use, modify, and incorporate such feedback without restriction.

10. Confidentiality

Each party shall protect the confidentiality of non-public information disclosed by the other party in connection with the Services, using at least the same degree of care it uses for its own confidential information (and no less than reasonable care).

Confidentiality obligations survive termination for 3 years from disclosure (excluding trade secrets, which survive indefinitely).

11. Privacy and Data Processing

Revenue Factory's collection and processing of personal information is described in the Privacy Notice (www.revenuefactory.com/privacy). Where Revenue Factory processes personal information on behalf of Customer, the Data Processing Agreement (www.revenuefactory.com/data-processing-agreement) applies.

12. Disclaimers

(a) Services as-is. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." REVENUE FACTORY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

(b) No business outcome guarantee. Revenue Factory does not warrant any specific business result, financial outcome, marketing return, lead volume, customer acquisition, or operational improvement.

(c) Third-party platforms. Revenue Factory disclaims responsibility for the availability, security, or performance of third-party platforms, including but not limited to HighLevel, El Toro, Extendly, DATAONE Merchant Services, Maverick Payments, NMI, and other vendors disclosed in the Privacy Notice subprocessor list.

(d) AI outputs. AI Employee responses and other AI outputs are probabilistic and may contain errors, hallucinations, or inaccuracies. Customer is responsible for human review of AI outputs before relying on them for critical decisions.

(e) Legal advice. Nothing in the Services constitutes legal, tax, accounting, medical, or other professional advice. Customer should consult appropriate professionals.

13. Limitation of Liability

(a) Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVENUE FACTORY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE FEES PAID BY CUSTOMER TO REVENUE FACTORY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) $1,000.

(b) Exclusions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL REVENUE FACTORY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR COST OF SUBSTITUTE SERVICES, EVEN IF REVENUE FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Carve-outs. The limitations in this Section 13 do not apply to (i) Customer's payment obligations, (ii) breaches of confidentiality, (iii) indemnification obligations, (iv) gross negligence, willful misconduct, or fraud, or (v) any liability that cannot be excluded under applicable law.

14. Indemnification

(a) By Customer. Customer will defend, indemnify, and hold harmless Revenue Factory and its affiliates, officers, directors, employees, and agents from claims arising out of or relating to (i) Customer Materials, (ii) Customer's use of the Services in violation of these Terms, the Acceptable Use Policy, or applicable law, (iii) Customer's products, services, marketing, or business operations, including any consumer or regulatory action arising therefrom, and (iv) Customer's failure to provide required disclosures to its end users (including call recording, AI usage, and biometric disclosures where applicable).

(b) By Revenue Factory. Revenue Factory will defend Customer against third-party claims alleging that the Services, as provided by Revenue Factory and used in accordance with these Terms, infringe a US patent, copyright, or trademark, and will pay damages and costs finally awarded. Revenue Factory's indemnity excludes claims arising from (i) Customer Materials, (ii) modifications to the Services not made by Revenue Factory, (iii) combinations of the Services with non-Revenue-Factory products, or (iv) Customer's misuse of the Services.

(c) Procedure. The indemnified party must provide prompt notice of the claim and reasonable cooperation. The indemnifying party controls defense and settlement.

15. Term and Termination

(a) Term. These Terms continue while Customer uses the Services or has any outstanding obligation to Revenue Factory.

(b) Termination for convenience. Either party may terminate a subscription effective at the end of the then-current billing period by providing notice through the means specified in the order or by emailing success@revenuefactory.com.

(c) Termination for cause. Either party may terminate immediately for material breach not cured within 15 days of notice (or such shorter period as the nature of the breach reasonably permits).

(d) Effect of termination. Upon termination:

• Customer's access to subscription Services ceases at the end of the billing period (or sooner for material breach)
• Customer retains permanent ownership of AI Marketing Library deliverables for which Customer has paid in full
• Customer remains responsible for accrued fees
• Sections that by their nature should survive (e.g., 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20) survive termination

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida.

17. Dispute Resolution

(a) Good-faith negotiation. Before initiating formal proceedings, the parties will attempt in good faith to resolve disputes through direct negotiation between authorized representatives for at least 30 days.

(b) If negotiation fails, disputes will be resolved by binding arbitration administered by American Arbitration Association (AAA) under its commercial rules, seated in Miami-Dade County, Florida. Each party bears its own costs except as awarded by the arbitrator. Class action proceedings are waived to the extent permitted by law.

18. Notices

Notices to Revenue Factory should be sent to success@revenuefactory.com or to Fenixlabs.co Inc. dba Revenue Factory, 936 SW 1st Ave. #859, Miami, FL 33130. Notices to Customer will be sent to the email address on file. Notices are effective on the date sent (for email) or three business days after mailing (for postal mail).

19. Modifications

Revenue Factory may modify these Terms by posting an updated version on https://revenuefactory.com and updating the "Effective Date." Material changes will be notified by email at least 30 days in advance for subscription customers. Continued use after the effective date of a modification constitutes acceptance.

20. Miscellaneous

(a) Entire agreement. These Terms, together with the Acceptable Use Policy, Privacy Notice, Refund Policy, applicable Data Processing Agreement, and any order or statement of work, constitute the entire agreement between the parties and supersede any prior agreements.

(b) Order of precedence. In the event of conflict: (i) signed order or statement of work, (ii) Data Processing Agreement, (iii) these Terms, (iv) Acceptable Use Policy, (v) Privacy Notice, (vi) Refund Policy, (vii) other Revenue Factory policies referenced herein.

(c) No assignment. Customer may not assign these Terms without Revenue Factory's prior written consent. Revenue Factory may assign without restriction.

(d) Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

(e) Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, war, terrorism, pandemics, government actions, third-party platform outages, etc.).

(f) Severability. If any provision is held invalid or unenforceable, the remainder continues in effect.

(g) No waiver. Failure to enforce any provision does not waive future enforcement.

(h) Headings. Headings are for convenience and do not affect interpretation.

Contact

Questions about these Terms?

Email: success@revenuefactory.com

Phone: 786-706-8231

Mail: Fenixlabs.co Inc. dba Revenue Factory, 936 SW 1st Ave. #859, Miami, FL 33130

Web: https://revenuefactory.com