This Terms of Service Agreement (the "Agreement") is made effective as of the date of your acceptance, by and between Vision Marketing and Design (hereinafter referred to as "My Vision Agency®," "My Vision Assistant™," "we," "us," or "our"), with its principal place of business located at 5625 N German Church Rd Unit #2119, Indianapolis, IN 46235, and the individual or entity (hereinafter referred to as the "User," "you," or "your") identified as having agreed to the terms and conditions set forth in this Agreement.
WHEREAS, My Vision Agency® operates a Software-as-a-Service (SaaS) platform, My Vision Assistant™, offering AI-powered content generation, marketing automation, and integration with third-party platforms (e.g., GoHighLevel, Zoom); and
WHEREAS, My Vision Agency® offers various subscription plans, including a free Starter plan (when applicable affiliate links are used) and paid plans (e.g., Solopreneur, Accelerator); and
WHEREAS, My Vision Agency® retains the right to cancel or deny membership for any reason it deems appropriate, at its sole discretion; and
WHEREAS, My Vision Agency® does not offer refunds for any paid plans or usage credits for any reason;
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties agree as follows:
1. Acceptance of Terms
By accessing, registering for, or using My Vision Assistant™, the User agrees to be bound by the terms and conditions set forth in this Agreement. If the User does not agree with these terms and conditions, they must cease using the platform immediately.
1.5 Definitions
For the purposes of these Terms of Service:
"My Vision Agency®" or "the Company" refers to Vision Marketing and Design, doing business as My Vision Agency®, the entity providing the Platform.
"The Platform" refers collectively to both products described below.
"My Vision Assistant™" refers to the AI-powered software-as-a-service product accessible at app.myvisionassistant.com, which provides marketing content generation, brand management, and related agency-workflow features.
"My Vision Agency®" (when referenced as a product) refers to the white-label customer relationship management and marketing automation product that the Company resells under its own brand through GoHighLevel. Access to My Vision Agency® is included as a bundled benefit with certain My Vision Assistant™ subscription tiers (including but not limited to the Solopreneur and Accelerator plans).
"Services" refers to optional done-for-you marketing fulfillment work that the User may engage the Company's team to perform, under a separate written Service Agreement.
"User's Clients" refers to third parties for whom the User provides marketing services using the Platform.
Both My Vision Assistant™ and My Vision Agency® are governed by these Terms of Service, in addition to any applicable upstream third-party terms (including but not limited to GoHighLevel's Terms of Service for use of the My Vision Agency® product).
2. Membership and Subscriptions
2.1 Free Membership
My Vision Agency® may offer a free Starter plan to Users who utilize specific affiliate links (e.g., GoHighLevel). This free membership is subject to the User's compliance with this Agreement and maintaining active status on the required affiliate platform.
2.2 Disqualification of Free Membership
My Vision Agency® will revoke access to any free plan member who falls below the commission threshold required for our free membership (currently $38 monthly generated by the affiliate offer). If the affiliate account is canceled, paused, or fails to generate the required commission, the User's free access to My Vision Assistant™ will be terminated.
Before any free membership is terminated under this clause, My Vision Agency® will provide the User with at least fourteen (14) days' written notice via the email address on file. During this notice period, the User may either reach the required commission threshold or upgrade to a paid plan to retain access. The User may also contact support to dispute the termination if they believe the commission data is incorrect.
2.3 Paid Plans and Credits
Users may subscribe to paid plans (e.g., Solopreneur, Accelerator) or purchase usage credits for AI generation (e.g., OpenAI, Gemini, Firecrawl). All payments are processed securely via Stripe.
2.4 Cancellation of Membership
My Vision Agency® reserves the right to cancel the User's membership (free or paid) for any reason it deems appropriate, without prior notice or explanation. Once an account has been suspended, the user has 7 days to reactivate the account or it will be canceled and deleted. Paused accounts will continue to incur subscription charges, which remain the User's responsibility until the User actively cancels through their account settings. Members can cancel their subscription anytime through their account settings.
2.5 Denial of Membership
My Vision Agency® retains full discretion in denying membership to anyone, at any time, without providing a reason for denial.
3. Refund Policy
MY VISION AGENCY® DOES NOT OFFER REFUNDS FOR ANY PAID PLANS, SUBSCRIPTIONS, OR USAGE CREDITS, EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR AT MY VISION AGENCY'S® SOLE DISCRETION. We will not make exceptions to this policy. If you decide to dispute a charge or leave a negative review for this reason, we will submit documentation (including this Agreement and order form checkboxes) to show you were aware of this policy when making the purchase.
4. Use of the Platform and AI Services
4.1 AI-Generated Content and Liability Waiver
My Vision Assistant™ utilizes third-party Artificial Intelligence (AI) models (including but not limited to OpenAI and Google Gemini) to generate marketing content, emails, social media posts, and transcripts. You acknowledge that My Vision Agency® acts solely as a conduit for these third-party AI models and that AI-generated content may contain errors, inaccuracies, "hallucinations," or potentially infringing material.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR REVIEWING, EDITING, AND VERIFYING ALL AI-GENERATED CONTENT BEFORE PUBLISHING, SENDING, OR DISTRIBUTING IT. By using the platform, you expressly waive any and all claims against My Vision Agency® arising from the use, publication, or consequences of AI-generated outputs. You further agree not to use the platform to generate illegal, defamatory, or copyright-infringing content. My Vision Agency® makes no warranties, express or implied, regarding the accuracy, reliability, legality, or suitability of any AI-generated content.
4.2 Third-Party Integrations
Our platform integrates with third-party services (e.g., GoHighLevel, Zoom). You are responsible for maintaining your accounts with these services and complying with their respective Terms of Service. My Vision Agency® is not responsible for any data loss, service interruptions, or account suspensions caused by these third-party platforms.
4.3 Agency and Sub-Account Usage (Data Processing)
If you use My Vision Assistant™ to manage content for your clients (e.g., via GoHighLevel sub-accounts), you act as the Data Controller for your clients' data, and My Vision Agency® acts as your Data Processor. You represent and warrant that you have obtained all necessary, legally documented permissions and consents from your clients to process their data and publish content on their behalf. You are solely responsible for your clients' compliance with these terms. You agree to indemnify and hold My Vision Agency® harmless against any claims brought by your clients arising from your use of the platform on their behalf.
5. Reselling, Service Delivery, and Brand Use
5.1 Reselling the Platform is prohibited.
The User is NOT permitted to resell, sublicense, white-label, redistribute, or grant access to My Vision Assistant™ or My Vision Agency®, in whole or in part, to any third party, including the User's Clients. The User may not offer a sign-up, login, paid subscription, or any form of direct access to either product under any name or pricing model. Any attempt to do so will result in immediate termination of the User's account without refund.
5.2 Service delivery to the User's Clients is allowed.
The User MAY use the Platform to deliver marketing services to the User's Clients, including but not limited to content creation, social media management, email marketing, CRM management, and automation setup. The User may charge the User's Clients any rate the User chooses for these services. The contractual and commercial relationship between the User and the User's Clients is solely between those parties. My Vision Agency® is not a party to that relationship and assumes no responsibility for it, except as expressly stated in these Terms.
5.3 Done-for-you Services.
The User may optionally engage the Company's team to perform marketing fulfillment work on behalf of the User's Clients, under a separate written Service Agreement. Pricing, scope, deliverables, and timelines for such Services are governed by the applicable Service Agreement and are not part of the standard Platform subscription.
5.4 Compliance with third-party reseller terms.
Because My Vision Agency® resells GoHighLevel and integrates other third-party software into My Vision Assistant™, the Company is obligated to comply with the applicable terms of use of each underlying third-party software vendor. The User agrees to also comply with the applicable terms of use of any third-party software accessed through the Platform, including but not limited to GoHighLevel's Terms of Service.
5.5 Brand and trademark protection.
The User may not use any name, logo, trademark, or domain that includes or substantially resembles "My Vision Agency®," "My Vision Assistant™," "MVA," or any confusingly similar variation, in any manner that suggests the User is the Company, that the User's business is the Platform, or that misrepresents the Platform as the User's own product. The User may, however, accurately and openly identify themselves as "an agency using My Vision Assistant™" or similar accurate descriptions in the User's own marketing.
5.6 Termination of bundled access.
If the User's My Vision Assistant™ subscription terminates (for any reason, including cancellation, non-payment, or termination by the Company), the User's bundled access to My Vision Agency® also terminates simultaneously, except where the User has a separate paid subscription to GoHighLevel directly outside of the Platform.
6. Intellectual Property
The User acknowledges and agrees that all rights, title, and interest in any intellectual property related to My Vision Agency's® program, software, code, design, and services (including trademarks, copyrights, and patents) shall remain the sole property of My Vision Agency®. Using our content outside the Fair Use act will result in legal action.
You retain ownership of the specific brand assets, transcripts, and final generated content you create using the platform, subject to your compliance with this Agreement.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY VISION AGENCY®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;
- ANY CONTENT OBTAINED FROM THE PLATFORM, INCLUDING AI-GENERATED ERRORS, INACCURACIES, OR INFRINGEMENTS;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
- SUSPENSION OR TERMINATION OF YOUR THIRD-PARTY ACCOUNTS (E.G., GOHIGHLEVEL, ZOOM, STRIPE) DUE TO AUTOMATED POSTING OR API USAGE.
THE USER EXPRESSLY AGREES THAT THEIR USE OF THE PROGRAM IS AT THEIR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
EXCEPT IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to defend, indemnify, and hold harmless My Vision Agency® and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
- Your use and access of the platform;
- A breach of these Terms;
- Content you generate, publish, or distribute using the platform;
- Claims brought by your clients or third parties regarding content managed through your agency sub-accounts.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Indiana, without regard to its conflicts of laws principles. Any dispute arising under or relating in any way to this Agreement shall be resolved exclusively in the state or federal courts located in Indianapolis, Indiana.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, or proposals, whether written or oral, with respect to the subject matter hereof.
By continuing to use My Vision Agency's® program or services, the User acknowledges and agrees to be bound by the terms and conditions set forth in this Agreement.
11. Modification of Terms
My Vision Agency® reserves the right to modify these Terms of Service at any time. When material changes are made, we will notify Users via email to the address on file and by posting a notice within the platform at least thirty (30) days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the modified Terms. If the User does not agree to the modified Terms, the User must stop using the platform and may cancel their membership through their account settings.
12. Acceptable Use
The User agrees not to use the platform to:
- Generate, publish, or distribute content that is illegal, defamatory, fraudulent, deceptive, or that infringes any third party's intellectual property, privacy, or publicity rights;
- Send unsolicited bulk email (spam), violate the CAN-SPAM Act, the TCPA, or any other applicable anti-spam, telemarketing, or marketing law;
- Attempt to access, scrape, reverse-engineer, or interfere with the platform's source code, infrastructure, or other Users' accounts;
- Resell, sublicense, or redistribute access to the platform outside of permitted Agency or sub-account use as described in Sections 4.3 and 5.
Violation of this section may result in immediate termination without refund.
13. DMCA and Copyright Takedown
My Vision Agency® complies with the Digital Millennium Copyright Act. If you believe content on the platform infringes your copyright, please send a written notice to info@myvisionagency.com including: (a) your contact information; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is claimed to be infringing; (d) a statement of good faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
We will respond to valid DMCA notices in accordance with applicable law and may remove or disable access to the allegedly infringing material.
14. Termination and Data Retention
Upon termination of the User's account for any reason, the User's access to the platform will end immediately. My Vision Agency® will retain the User's data for thirty (30) days after termination to allow the User to request an export of their content, after which the data may be permanently deleted from active systems. The User may request earlier deletion by emailing info@myvisionagency.com. Backups containing the User's data may persist for up to ninety (90) days after deletion before being purged from backup storage.
Sections relating to Intellectual Property, Limitation of Liability, Indemnification, Refund Policy, Governing Law, and any disputes arising prior to termination shall survive termination of these Terms.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the platform, or the relationship between the User and My Vision Agency® shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Indianapolis, Indiana, or remotely at the parties' agreement.
THE USER AGREES THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN THE USER'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
This arbitration clause does not prevent either party from seeking injunctive or equitable relief in court for intellectual property infringement, or from bringing an individual claim in small claims court for matters within that court's jurisdiction.
If any portion of this Section 15 is found to be unenforceable, the remainder shall continue in effect.
16. Force Majeure
My Vision Agency® shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, internet or telecommunications outages, third-party service provider failures (including but not limited to GoHighLevel, Stripe, OpenAI, Google, Zoom, AWS, or Supabase), or governmental action.
17. Severability and Assignment
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. My Vision Agency® may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without the User's consent. The User may not assign these Terms without My Vision Agency's® prior written consent.
18. Electronic Signature Acknowledgment
By clicking "I Agree," registering for an account, or otherwise accessing the platform, the User affirmatively consents to be bound by these Terms of Service electronically. The User acknowledges that this electronic acceptance is the legal equivalent of a handwritten signature.
19. Privacy
The User's use of the platform is also governed by My Vision Agency's® Privacy Policy, which is incorporated into these Terms by reference and available at legal.myvisionassistant.com. By using the platform, the User consents to the data practices described in the Privacy Policy.
20. Notices
Legal notices to My Vision Agency® must be sent in writing to: Vision Marketing and Design, Attn: Legal, 5625 N German Church Rd Unit #2119, Indianapolis, IN 46235, with a copy by email to info@myvisionagency.com. Notices to the User will be sent to the email address on file and shall be deemed received twenty-four (24) hours after sending.
Vision Marketing and Design
Bridget Bartlett: Owner
5625 N German Church Rd Unit #2119, Indianapolis, IN 46235
+1(317) 548-0272
info@myvisionagency.com
My Vision Agency® is a registered trademark of Vision Marketing and Design. My Vision Assistant™ is a trademark of Vision Marketing and Design, with registration pending. All rights reserved.