Terms & Conditions

Terms of Service

Effective Date: January 1, 2026

By accessing this website, accepting an estimate, paying an invoice, purchasing a product, or subscribing to any McKinney Creative Ventures plan, the client (“Client”) agrees to the following Terms of Service. If Client does not agree, Client must not use this website or engage McKinney Creative Ventures (“MCV”).

1. Entire Agreement

These Terms of Service, together with any accepted estimate, proposal, subscription plan, and invoice issued by MCV, constitute the entire and exclusive agreement between Client and MCV. Any reference to a “project agreement” or similar term shall mean these Terms in combination with the accepted estimate and invoice. No separate contract is required for these Terms to be binding.

In the event of a conflict, the terms included with an accepted estimate or invoice shall control with respect to paid services.

2. Scope of Work

All services provided by MCV are limited to those expressly described in the applicable plan, product description, estimate, or invoice. Subscription plans include specific services and, where applicable, allotted support hours as described on MCV’s website or marketing materials.

Work requested outside the defined scope, or exceeding included support hours, may result in additional fees billed at MCV’s then-current hourly rate.

3. Subscription Terms

Unless otherwise stated in writing, subscription plans require a minimum three-month commitment. After the initial term, subscriptions continue on a month-to-month basis and may be cancelled or downgraded with thirty days’ written notice sent to [email protected].

MCV reserves the right to modify subscription offerings, pricing, or included services with advance notice.

4. White-Labeled CRM Services (GoHighLevel)

MCV provides access to a white-labeled customer relationship management platform powered by GoHighLevel (“CRM Platform”). Client acknowledges and agrees that:

- The CRM Platform is a third-party system licensed and resold by MCV under a white-label arrangement.

MCV is not the owner or developer of the underlying GoHighLevel software, and platform functionality, features, uptime, and performance are subject to GoHighLevel’s infrastructure, limitations, and terms.

- Platform access fees, user limits, and included features are disclosed at the time of subscription. Additional users, feature upgrades, or usage-based services may incur additional monthly fees.

- Client is responsible for learning, configuring, and properly using the CRM Platform. MCV may provide basic technical assistance at its discretion. Advanced onboarding, automation builds, integrations, training, customization, troubleshooting, or optimization are professional services and may require additional fees quoted separately.

- In addition to the underlying GoHighLevel software, MCV may provide proprietary configurations, system architectures, automation frameworks, workflows, templates, snapshots, custom fields, pipeline structures, integrations, reporting logic, AI-assisted features, and operational methodologies developed by or for MCV (“MCV Proprietary Features”).

- MCV Proprietary Features are distinct from Client data and remain the exclusive property of MCV at all times. Client is granted a limited, non-exclusive, non-transferable right to use such features solely during the active term of services and solely within the MCV-managed CRM environment.

- Upon termination or cancellation of CRM services for any reason, Client’s right to access or use MCV Proprietary Features immediately terminates. MCV Proprietary Features may not be exported, duplicated, transferred, sublicensed, reverse engineered, or recreated outside of the MCV-managed environment.

- Client data entered into the CRM Platform remains the property of the Client. Client is solely responsible for exporting or retaining Client data prior to termination of services. MCV is not responsible for the retention, transfer, or continued availability of Client data following termination.

5. CRM Data Responsibility and Retention

Client retains ownership of all data entered into the CRM Platform. Client is solely responsible for the accuracy, legality, and compliance of all data, including contact records, communications, automations, and messaging content.

Upon cancellation or termination of CRM services:

- Client is responsible for exporting or backing up all data prior to account termination.

- MCV is not responsible for data loss, deletion, or inaccessibility following cancellation.

- Access to the CRM Platform may be permanently removed.

- MCV does not guarantee data retention beyond the active subscription period.

6. Billing and Payment

Subscriptions are billed automatically to the payment method on file. Payment is due upon receipt unless otherwise stated in writing. Interest on unpaid balances may accrue at a rate of 1.5 percent per month, or the maximum rate permitted by law, whichever is less.

MCV reserves the right to suspend or terminate services for non-payment or material breach, to the extent permitted by law. Suspension does not relieve Client of payment obligations.

Unless otherwise agreed upon in writing in advance, any work requested or required outside the scope of the applicable plan, estimate, or invoice shall be billed at MCV’s standard hourly rate of $200 per hour. Hourly work is billed in whole-hour increments unless otherwise expressly agreed in writing.

Client remains responsible for all approved third-party costs incurred on their behalf.

7. Client Responsibilities

Client agrees to provide timely access to all materials, credentials, approvals, content, and feedback reasonably required for MCV to perform services. Delays or failures caused by Client may extend timelines, impact results, or result in additional fees. MCV is not responsible for outcomes affected by Client delays, omissions, or misuse of systems.

8. Support Hours and Additional Work

Included support hours do not roll over unless explicitly stated in writing. Additional hours requested beyond those included may be billed at MCV’s then-current hourly rate. Time is billed in whole-hour increments unless otherwise agreed.

9. Intellectual Property

All deliverables remain the property of MCV until full and final payment has been received and cleared. Upon payment, Client is granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the deliverables solely for their intended business purposes.

MCV retains ownership of all underlying designs, templates, automations, workflows, systems, processes, methodologies, AI configurations, and internal tools. Any license granted automatically terminates upon non-payment, chargeback, or payment reversal.

MCV may showcase completed work in portfolios, case studies, and promotional materials unless otherwise agreed in writing.

10. Use of Data, Privacy, and Cookies

MCV collects and uses information necessary to provide services, manage billing, communicate with clients, and improve website performance. Information collected may include contact details, billing information, analytics data, CRM usage data, and project-related information.

MCV does not sell personal information. Data may be shared with third-party service providers only as necessary to perform services, process payments, support CRM functionality, or comply with legal obligations.

This website uses cookies and similar technologies for functionality, analytics, and marketing purposes. Disabling cookies may impact site functionality. Third-party tools are governed by their own privacy policies.

11. Marketing Communications

By submitting contact information, Client consents to receive communications related to services, scheduling, updates, CRM notifications, and marketing. Consent may be withdrawn at any time by unsubscribing from emails or replying STOP to SMS messages. Communications are managed in compliance with applicable laws including CAN-SPAM and TCPA.

12. Website Use

All website content is owned by or licensed to MCV and may not be copied, reproduced, or distributed without permission. Website use is at Client’s own risk. MCV makes no warranties that the website will be error-free, secure, or uninterrupted.

13. Indemnification

Client agrees to indemnify, defend, and hold harmless MCV from any third-party claims, damages, liabilities, losses, and expenses, including reasonable attorney fees, arising from Client-provided materials, CRM usage, messaging content, business practices, regulatory compliance, or misuse of services.

14. Limitation of Liability

To the fullest extent permitted by law, MCV shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business interruption. MCV’s total liability shall not exceed the total amount paid by Client for the specific services giving rise to the claim, except where prohibited by law.

15. Force Majeure

MCV shall not be liable for delays or failure to perform due to events beyond its reasonable control, including natural disasters, pandemics, internet outages, platform failures, labor disputes, or government actions.

16. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota. Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Washington County, Minnesota.

17. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure by MCV to enforce any provision shall not constitute a waiver of that provision.

18. Changes to Terms

MCV reserves the right to update these Terms at any time. Continued use of the website or services constitutes acceptance of the updated Terms.