IN MOTION

1. ACCEPTANCE OF TERMS

By accessing the In Motion website, creating an account, or using any services provided by In Motion (hereafter "In Motion," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service and all applicable laws and regulations.

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by In Motion.

2. SERVICE DESCRIPTION

2.1 What We Provide

In Motion provides access to a white-labeled customer relationship management (CRM) platform powered by GoHighLevel, LLC, along with comprehensive support, training, templates, frameworks, and implementation services.

2.2 Services Included

Your In Motion subscription includes:

• Access to white-labeled GoHighLevel CRM platform
• Pre-built website templates
• Funnel templates and automation sequences
• Training videos and educational content
• Proprietary frameworks and methodologies
• Live chat support (24/7)
• Email support (48 business hour response time)
• Drop-in coaching calls (typically twice weekly, subject to change)
• Monthly workshops (frequency may vary)
• Access to In Motion training library and resources

2.3 Services NOT Included

The following are not included in your subscription and are not supported:

• Custom coding or development
• Third-party integration setup or troubleshooting
• Business consulting beyond platform usage training
• Hands-on technical support for third-party services
• Migration assistance to other platforms (subject to Section 6)

3. FREE TRIAL PERIOD

3.1 Trial Terms

In Motion offers a 14-day free trial period for new customers. By starting a trial, you agree to the following terms:

• Credit Card Required: You must provide valid payment information to start your trial
• No Immediate Charge: Your payment method will not be charged during the 14-day trial period
• Automatic Billing: After 14 days, your payment method will be automatically charged unless you cancel
• Full Access: You receive complete platform access and all included services during the trial period
• Cancellation During Trial: If you cancel during the trial period, you will retain access through the end of the 14-day period
• First Billing Date: Your first charge occurs exactly 14 days after completing checkout, regardless of whether you selected monthly or annual billing
• One Trial Per Customer: Trials are limited to one per customer and may be tracked by phone number, email address, or payment information

3.2 Plan Changes During Trial

You may change between monthly and annual billing plans during your trial period by contacting support or through your account billing settings. Changing plans during the trial period does not end or extend the 14-day trial period.

4. SUBSCRIPTION & BILLING

4.1 Pricing Plans

In Motion offers two subscription options:

• Monthly Plan: $147 per month
• Annual Plan: $1,497 per year

All fees are in US dollars (USD) and must be paid in US currency.

4.2 Payment Processing

Payment Processor: All payments are processed through Stripe, a third-party payment processor. Payment processing is subject to Stripe's terms, conditions, and privacy policies in addition to this Agreement.

Accepted Payment Methods: Credit cards only. We do not accept debit cards, PayPal, bank transfers, or other payment methods at this time.

Payment Information Storage: Stripe maintains your payment information. We only access limited information including your email, name, and last four digits of your card number. We do not have access to your complete payment information.

4.3 Automatic Renewal

• Monthly Subscriptions: Renew monthly on the same day each month
• Annual Subscriptions: Renew annually on the anniversary of your subscription start date

4.4 Plan Upgrades and Downgrades

Upgrades (Monthly to Annual):

• Charges are prorated based on your remaining monthly subscription days
• You will be charged immediately for the upgraded plan
• Your new annual billing cycle begins on the upgrade date

Downgrades:

• Contact support or use your billing settings to request a downgrade
• Changes typically take effect at your next billing cycle
• No refunds or credits for the difference between plans

4.5 Failed Payments

Immediate Account Pause: If we cannot process payment using your authorized payment method, your account will be paused immediately.

What Happens When Account is Paused:

• All automations, emails, and systems continue to run in the background
• You cannot access your account, dashboard, or any platform features
• You cannot export data or make changes
• You will see a notice that your account is paused due to payment failure
• Your account will remain in this paused state until you update your payment information

Account Termination: If your account remains paused for 30 days after payment failure, we reserve the right to terminate your account and delete your data in accordance with our data retention policy (Section 8.4).

Restoration: Full access is restored immediately upon successful payment of all outstanding fees.

4.6 Taxes

Tax Responsibility: Prices listed do not include applicable taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to sales tax, use tax, GST, HST, or VAT. You are responsible for paying any taxes associated with your purchase.

Tax Collection: We may collect and remit taxes on your behalf where legally required. If we have a legal obligation to collect taxes, we will calculate them based on your billing information. If your billing information is incomplete or inaccurate, we may charge the highest prevailing tax rate.

Tax Exemption: If you are tax-exempt, you must provide us with valid tax exemption documentation acceptable to the appropriate taxing authority. Upon verification, we will refund any taxes collected.

4.7 Price Changes

We reserve the right to modify subscription pricing at any time with 60 days advance written notice via email. Price changes apply to all subscribers, including existing customers. Your continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

You may cancel your subscription at any time if you do not agree to a price increase. If you cancel before the new pricing takes effect, you will not be charged the increased price.

5. CANCELLATION & REFUND POLICY

5.1 No Refunds After Trial

5.2 How to Cancel

You may cancel your subscription at any time through your account billing settings. To ensure cancellation takes effect before your next billing cycle, you must cancel before your renewal date.

Self-Service Cancellation: Log into your account, navigate to billing settings, and follow the cancellation process.

Cancellation Via Email: You may also request cancellation by emailing support. However, the cancellation will not be processed until we confirm receipt and complete the cancellation on our end.

5.3 Access After Cancellation

Upon cancellation, your access to the Service continues through the end of your current paid billing period. After your billing period ends, you will lose access to the platform and all services.

5.4 Data Export Before Cancellation

6. SUB-ACCOUNT TRANSFERS & MIGRATION POLICY

6.1 Why This Policy Exists

When you join In Motion, you gain access to proprietary templates, frameworks, automation sequences, training content, and systems that represent significant intellectual property investment. Our 1-year transfer policy protects this intellectual property while ensuring you have adequate time to evaluate and use our resources before migrating to another platform.

6.2 Transfers Before Your First Year

If you wish to transfer your sub-account to GoHighLevel or another platform within your first 12 months:

• You may cancel your subscription at any time
• Your access continues through your current paid billing period
• You may export your data using the platform's built-in export tools (we will provide instructions)
• We will not provide sub-account transfer assistance unless you pay the remaining months through month 12

Early Transfer Fee:

• Monthly Subscribers: $147 × remaining months until month 12
• Example: If you request a transfer in month 4, you must pay 8 months × $147 = $1,176

What You Can Always Do (Regardless of Timing):

• Export your contacts, data, and content through platform tools
• Take screenshots and documentation of your systems
• Download files you have uploaded
• Use platform export features (we provide instructions)

6.3 Transfers After Your First Year

After completing your first 12 months as an In Motion subscriber, you may request a sub-account transfer at no additional charge.

Transfer Process:

• Provide us with your new GoHighLevel agency number
• We will transfer your sub-account to that agency
• Transfer assistance is limited to the technical account transfer only
• We do not provide hand-holding, migration consulting, rebuild assistance, or technical support for setting up your account on the new platform

6.4 What We Won't Provide

Regardless of timing, In Motion does not provide:

• Migration services to rebuild your systems on another platform
• Assistance setting up funnels, automations, or systems on competitor platforms
• Technical support for platforms other than In Motion
• Training on how to use GoHighLevel or other platforms directly
• Consultation on platform migration strategies

6.5 Why This Approach

Just as platforms like Shopify don't rebuild your store for free on WooCommerce, and Kajabi doesn't migrate your courses to Teachable, we cannot dedicate our team's resources to assisting clients in moving to competitor platforms. Our expertise is in helping you succeed with our platform, not in migrating you off of it.

Our goal is to make you so successful using In Motion that you never want to leave.

7. INTELLECTUAL PROPERTY

7.1 In Motion's Intellectual Property

All training materials, templates, frameworks, automation sequences, course content, methodologies, educational resources, and proprietary systems provided by In Motion remain the intellectual property of In Motion. You are granted a limited, non-exclusive, non-transferable license to use these materials solely in connection with your In Motion subscription.

The GoHighLevel software platform remains the intellectual property of GoHighLevel, LLC.

7.2 Your Content and Data

7.3 Content You Create

Any funnels, automations, emails, pages, or other content you build within the platform using your own work (not based on our templates) belongs to you. After your first year, you may take this content with you in accordance with Section 6.

7.4 Commercial Use of Templates

You may use In Motion templates, frameworks, and systems for your own commercial coaching, consulting, or service business. There are no restrictions on commercial use for your own business operations.

You may NOT:

• White-label In Motion templates and sell them as your own products
• Resell In Motion templates or frameworks to others
• Claim ownership of In Motion's intellectual property
• Share In Motion training materials, recordings, or resources with individuals who are not active In Motion subscribers

7.5 Use of Your Business in Marketing

In Motion may use your business name, testimonials, success stories, and screenshots of your account for marketing purposes, provided we obtain your permission. For video testimonials, permission is obtained at the time of recording.

Screen Sharing During Support: By participating in drop-in calls or workshops, you acknowledge that we may share screens showing the inside of your account for educational and demonstration purposes. Other participants may see your account, content, or business information during these sessions.

7.6 Training Content and Recordings

Ownership: All workshop recordings, drop-in call recordings, training videos, and educational content remain the property of In Motion.

Your Access: You may access and view these recordings as long as you maintain an active In Motion subscription.

Prohibited Sharing: You may not share recordings, training materials, or educational content with individuals outside the In Motion platform. You may not download, redistribute, or publicly share In Motion's proprietary content.

Violation Consequences: Sharing proprietary In Motion content may result in immediate account termination without refund.

8. DATA STORAGE, SECURITY & PRIVACY

8.1 Data Storage

Where Your Data is Stored: All client data is stored on GoHighLevel's servers, which are located in Texas, United States. In Motion does not maintain separate backups of your data.

What In Motion Collects Directly:

• Call recordings from drop-in calls and support sessions
• Email address and name
• Last four digits of payment card
• Support communication history
• Platform usage data for support purposes

What GoHighLevel Collects: Data collected by the GoHighLevel platform is subject to GoHighLevel's Privacy Policy. By using In Motion, you acknowledge that your data will be processed by GoHighLevel in accordance with their privacy practices.

8.2 Data Security

Client data security is managed by GoHighLevel's infrastructure, which maintains industry-standard security practices. In Motion does not directly control GoHighLevel's security infrastructure but has reviewed their security practices.

Your Responsibilities:

• Maintain strong, secure passwords
• Do not share account credentials
• Notify us immediately of any suspected unauthorized access

8.3 Data Breaches

In the event of a data security incident affecting the GoHighLevel platform, we will notify affected users via email within 48 business hours of becoming aware of the breach.

Liability: As the platform infrastructure is managed by GoHighLevel, LLC, security incidents originating from their systems are governed by their security policies and incident response procedures. In Motion is not liable for data breaches or security incidents originating from GoHighLevel's infrastructure.

8.4 Data Retention After Cancellation

90-Day Retention Period: After you cancel your subscription and your access ends, we retain your data for 90 days. This allows you time to change your mind or export data you may have missed.

• Early Deletion: You may request immediate deletion of your data at any time by contacting support.
• Extended Retention: You may request extended data retention beyond 90 days by contacting support.
• Permanent Deletion: After the retention period expires (90 days or your requested timeframe), your data is permanently deleted and cannot be recovered.

8.5 Third-Party Services

In Motion uses the following third-party services in connection with providing the Service:

• GoHighLevel, LLC: CRM platform infrastructure
• Stripe: Payment processing

Each third-party service has its own privacy policy and terms of service. By using In Motion, you agree that your data may be processed by these services according to their respective policies.

9. ACCEPTABLE USE POLICY

9.1 Prohibited Activities

You agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Specifically, you may not:

• Send spam or unsolicited commercial emails
• Violate CAN-SPAM Act, GDPR, CASL, or other applicable email marketing laws
• Distribute malware, viruses, or harmful code
• Upload, post, or transmit illegal content
• Engage in fraudulent activity
• Attempt to gain unauthorized access to other accounts or systems
• Use the Service to harass, abuse, or harm others
• Infringe on intellectual property rights of others
• Share your account credentials with unauthorized users
• Violate GoHighLevel's Acceptable Use Policy

9.2 Email Compliance

In Motion is not liable if:

• Your emails land in spam folders
• Your sending IP address gets blacklisted
• Your account gets suspended for email violations
• You face legal consequences for email law violations

Best Practices: We provide education on email compliance best practices, but ultimate compliance responsibility rests with you.

9.3 Enforcement

Warning First: If you violate the Acceptable Use Policy, we will typically issue a warning and provide an opportunity to correct the violation.

Immediate Termination: We reserve the right to immediately suspend or terminate your account without warning for:

• Severe violations (illegal activity, spam, fraud)
• Repeated violations after warning
• Actions that put other users or our infrastructure at risk

No Refunds: Account termination for Acceptable Use Policy violations does not entitle you to any refund of fees paid.

Case-by-Case Decisions: Enforcement decisions are made on a case-by-case basis at In Motion's sole discretion.

10. DISCLAIMERS & LIMITATIONS OF LIABILITY

10.1 Service Provided "As Is"

We specifically disclaim any guarantees regarding:

• Business results or revenue generation
• Specific outcomes from using the Service
• Continuous, uninterrupted, or error-free operation
• Platform uptime or availability (subject to GoHighLevel's infrastructure)
• Compatibility with third-party services
• Results from using our templates, frameworks, or methodologies

10.2 No Business Results Guarantee

In Motion is not responsible for:

• Lost business income or revenue
• Lost profits or business opportunities
• Client relationships or customer losses
• Business decisions you make based on our training or advice

10.3 Platform Availability

No Uptime Guarantees: Because the CRM platform is powered by GoHighLevel's infrastructure, platform availability and uptime are subject to GoHighLevel's service level agreements. In Motion does not control GoHighLevel's servers or infrastructure.

No Refunds for Outages: We do not provide refunds, credits, or compensation for platform downtime or service disruptions, regardless of duration. This includes outages caused by GoHighLevel's infrastructure, internet service providers, or other factors beyond our control.

Our Commitment: We will communicate with you during service disruptions and work with GoHighLevel to resolve issues as quickly as possible.

10.4 Third-Party Services

In Motion is not responsible for:

• Third-party integrations or services that break or stop working
• Changes to third-party APIs or platforms
• Data loss from third-party services
• Email deliverability issues beyond our control
• Social media platform changes or restrictions

10.5 Limitation of Liability

IN NO EVENT SHALL IN MOTION BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or work stoppage
• Cost of substitute services
• Damages resulting from data loss or corruption (it is your responsibility to backup your data)
• Damages arising from use or inability to use the Service
• Damages caused by errors, omissions, or service interruptions

This limitation applies even if In Motion has been advised of the possibility of such damages.

10.6 Indemnification

You agree to indemnify, defend, and hold harmless In Motion, its officers, directors, employees, contractors, and affiliates from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Content you upload, create, or transmit through the Service
• Email marketing or communication practices that violate applicable laws

11. CHANGES TO SERVICE & TERMS

11.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including features, functionality, or availability.

Notice of Changes: We will provide 48 hours notice via email for material changes to Service features or functionality.

No Liability: We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11.2 Changes to Terms of Service

We may update these Terms of Service at any time to reflect changes in our practices, technology, legal requirements, or for other business reasons.

Notice: We will notify active subscribers of material changes via email at least 30 days before the changes take effect.

Acceptance: Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cancel your subscription before the changes take effect.

Review Responsibility: It is your responsibility to review the Terms periodically. Updated Terms will be posted on our website with a new "Last Updated" date.

12. BUSINESS TRANSFER OR SALE

In the event that In Motion is sold, acquired, or merged with another entity, we will implement a strategy to ensure continuity of service for all active subscribers.

Our Commitment:

• We will facilitate transfer of accounts either to the acquiring entity or directly to GoHighLevel
• We will provide reasonable assistance during the transition period
• We will notify you of any ownership changes that affect your Service

Your Rights: If there is a material change in service quality or terms as a result of a business transfer, you may cancel your subscription in accordance with Section 5.

13. GOVERNING LAW & DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions.

13.2 Jurisdiction & Venue

You agree that any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts located in Montreal, Quebec, Canada. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13.3 Waiver of Class Actions

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and In Motion regarding the Service and supersede all prior agreements, understandings, and communications.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue 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 such right or provision. Any waiver of any provision shall only be effective if in writing and signed by In Motion.

14.4 Assignment

You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign or transfer these Terms and your account without restriction or notice.

14.5 Relationship of Parties

You acknowledge and agree that you are a customer and licensee only. In Motion will not provide any employee benefits, insurance, vacation pay, or other employment benefits. You are not an employee, partner, or joint venture of In Motion.

14.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and In Motion only and are not intended to benefit or be enforceable by any third party.

14.7 Survival

Sections that by their nature should survive termination of these Terms shall survive, including but not limited to: Intellectual Property, Disclaimers & Limitations of Liability, Indemnification, Governing Law, and General Provisions.

14.8 Force Majeure

In Motion shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.9 International Use

If you access the Service from outside Canada or the United States, you are responsible for compliance with local laws in your jurisdiction. We make no representation that the Service is appropriate or available for use in all locations.

15. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us:

16. ACKNOWLEDGMENT