TERMS OF SERVICE
Last Updated November 2025
It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services.
Only the terms on the right are legally binding. The terms on the left are not legally binding. They are only provided for your convenience. If you have questions about what the terms on the right mean, you should talk to a lawyer.
We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.
Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE OR PARTNER AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND LAUNCH POINT LLC, A NEW MEXICO LIMITED LIABILITY COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, DOING BUSINESS AS ESC HUB (HEREINAFTER REFERRED TO AS “LAUNCH POINT LLC,” “ESC HUB,” “WE” OR “US”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE ESC HUB PLATFORM AND ALL OTHER INTERACTIONS WITH US RELATED TO THE PLATFORM.
ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NON BINDING.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND ANY ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.
ESC HUB RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN POSTED. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF ANY REVISED TERMS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THE UPDATED TERMS.
YOU SHOULD CONSULT A LAWYER FOR LEGAL ADVICE TO ENSURE YOUR USE OF THE PLATFORM COMPLIES WITH THESE TERMS AND APPLICABLE LAW.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE PLATFORM AND SERVICES.
You have to be at least 18 years old to use our platform and services.
1. Use of Platform
1.1. Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.
The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.
1.2. Platform Account Ownership.
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.
You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.
Your ESC Hub account and the resources that come with it are for your use only. They cannot be transferred to another white label HighLevel account or another platform. If you cancel, you lose access to all ESC Hub resources.
1.3. Non Transferability of ESC Hub Accounts
IESC Hub provides its members with access to templates, training materials, and resources designed to enhance your experience and success with the Platform. This content is protected under our intellectual property rights and remains exclusive to ESC Hub members only.
As a member, you are granted access to these resources solely for use within the ESC Hub ecosystem. This membership and its associated resources, including but not limited to templates and training materials, are non transferable and are for the personal use of the account holder or the business entity that owns the Platform Account.
ESC Hub accounts, including any associated access to templates and training, cannot be transferred to any other HighLevel white label versions or any other external platforms, websites, or funnel builders. Sharing or using ESC Hub resources outside of the ESC Hub membership, without explicit written consent from Launch Point LLC, is strictly prohibited. This includes distributing templates, training materials, or any other proprietary content.
If you cancel your membership, your access to all ESC Hub resources, including templates, training materials, and support, will be terminated. You will no longer have the right to use or access any content that was available to you during your membership period.
You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.
1.4. Intended Use.
You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses.
You represent and warrant that:
(i) You and your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out your obligations under these Terms.
(ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform.
(iii) You are fully responsible for the use of the Platform by your customers.
(iv) You, your employees, agents, and customers will not misrepresent the Platform or the Services.
(v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform.
(vi) You own or control all rights in and to all content you provide to ESC Hub, including any code provided to customize the Platform for your customers.
(vii) You are solely responsible for your use of the Platform, including the quality and integrity of any data and other information made available to us by or for you through the Platform.
(viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.
1.5. Privacy.
By using the Platform and providing Information on or through the Platform, you consent to ESC Hub’s use and disclosure of the Information in accordance with the Privacy Policy available on our website and incorporated herein by reference.
You agree that ESC Hub has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform.
When you provide your customers with access to the Platform, you must implement and enforce your own privacy policy providing a level of protection at least equal to that provided to you by ESC Hub. You must obtain consent from your customers, affirmatively acknowledging that they agree to be bound by your privacy policy.
You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.
1.6. Login Credentials.
You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify ESC Hub immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security.
ESC Hub reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in ESC Hub’s opinion, you have violated any provision of these Terms. Platform Accounts are non transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.
We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.
1.7. Use of Communication Services.
The Platform may include communications features such as SMS, MMS, email, voice call capabilities and other methods. If you use these features, you agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications, such as the Telephone Consumer Protection Act (TCPA) and the CAN SPAM Act.
You represent and warrant that you understand and will comply with those laws. ESC Hub is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.
ESC Hub is a technology platform communication service application provider only. ESC Hub does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications are created and initiated by you and or your customers, whether generated directly or sent automatically via the Platform at your direction.
Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them.
By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.
1.8. Third Party Services.
The Platform may leverage or include access to Third Party Services. ESC Hub is not responsible for the usability or accessibility of Third Party Services.
If you pause or delete some or all of your Platform Account, certain features or functionality (such as phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and ESC Hub is still incurring costs on your behalf related to Third Party Services, ESC Hub reserves the right to release phone numbers or delete some or all of your Platform Account in its sole discretion, without liability.
ESC Hub disclaims all liability related to outages or downtime of Third Party Services.
There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.
1.9. Third Party Content.
The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely those of the third party and do not necessarily reflect the opinion of ESC Hub.
ESC Hub is not responsible for Third Party Content, makes no endorsements, representations, or warranties, and assumes no liability for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content comply with these Terms and applicable laws.
If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.
1.10. Customizations.
Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for any copyright, trademark, or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform.
You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. ESC Hub may remove any of your modifications at any time without advance notice and without liability to you.
If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.
1.11. Excessive Use Restrictions.
We provide access to the Platform on a tiered pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance.
If, in ESC Hub’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may:
(1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if operational costs to support your usage exceed your subscription price;
(2) suspend or terminate your use of the Platform or Services; and or
(3) reduce the amount of data you are able to use.
1.12. Fair Use Policy: Email Usage
To maintain the sustainability and quality of our services, ESC Hub has a Fair Use Policy for email usage.
Each account may send up to two hundred thousand (200,000) emails per month.
If your usage significantly exceeds this cap, ESC Hub may, at its sole discretion:
require you to upgrade to a higher service tier
adjust or limit your ability to send emails
or, in extreme cases of overuse or abuse that negatively impacts the Platform, suspend or terminate your access to email services or the Platform.
If you are consistently approaching or exceeding the cap, we encourage you to contact us to discuss options that support your growth while maintaining fairness and platform stability.
We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.
1.13. Platform Updates.
ESC Hub reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform.
You agree that your use of the Platform or purchase of Services is not contingent on ESC Hub’s delivery or release of any functionality or feature, including the continuation of a certain Service or any third party services.
We don’t allow access to our platform by those located in embargoed countries.
You are responsible for compliance with any local laws that might be applicable to your use of the platform.
1.14. International Use.
If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. ESC Hub makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk.
If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to the taxation of products purchased over the Internet. Any offer for any product, Services, and or information made in connection with the Platform is void where prohibited.
Read this list carefully. These are behaviors that we do not tolerate by users of our platform. If you engage in any of these behaviors, we might terminate your platform account.
2. Prohibited Uses
The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which ESC Hub may immediately suspend or terminate your Platform Account:
Use of the Platform in any way that violates any applicable law or regulation.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
Use of the Platform to send, receive, upload, download, use, or re use any material that does not comply with these Terms.
Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
Impersonating or attempting to impersonate ESC Hub, an ESC Hub employee, another user, or any other person or entity.
Engaging in conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by ESC Hub, may harm Platform users or ESC Hub or expose them to liability.
Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform.
Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying material on the Platform.
Use of any manual process to monitor or copy any material on the Platform or for any other unauthorized purpose without ESC Hub’s prior written consent.
Use of any device, software, or routine that interferes with the proper working of the Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attacking the Platform via a denial of service attack or a distributed denial of service attack.
Otherwise attempting to interfere with the proper working of the Platform.
You must pay all fees and communication surcharges on time. Fees are generally non refundable.
3. Payment
a. Fees.
Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time.
All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.
Some subscriptions require a minimum commitment. Those cannot be cancelled until the commitment is fulfilled.
b. Noncancellable Fees.
Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.
If you pass our fees on to your customers, you cannot mark them up. Any disputes with your customers about those fees are your responsibility.
c. No Mark Ups.
You may not mark up or increase any ESC Hub Fees that you pass through to your customers or third parties. You are solely responsible for all pass through Fees and related expenses, including refunds and chargebacks. ESC Hub is not responsible for resolving issues or disputes between you and your customers regarding pass through Fees.
You are responsible for all taxes related to your use of the Platform and your transactions. You may have to indemnify us if tax authorities pursue us for taxes relating to your activities.
d. Taxes.
You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including Taxes associated with transactions you conduct with your customers.
ESC Hub may collect Taxes from you as part of the Fees as legally required or as ESC Hub deems appropriate, and all ESC Hub determinations regarding what Taxes to collect are final. ESC Hub may recalculate and collect additional Taxes from you if it determines that they are due. You will indemnify ESC Hub for all Claims related to Taxes associated with your activities on the Platform, including Taxes related to your transactions with your customers. Taxes are non refundable.
If your payment method fails, we may suspend or terminate your account and you may be responsible for additional costs and collection expenses.
e. Overdue Amounts.
If, for any reason, your credit card company declines or refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third party chargeback fees or penalties) by other means acceptable to us.
If legal action is necessary to collect balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
If you want to dispute a charge, you must tell us within 60 days and still pay invoices while we investigate.
f. Payment Disputes.
You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute.
Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All ESC Hub determinations regarding your obligation to pay invoiced Fees and charges are final.
Fees are non refundable, even if you do not use the Platform, unless we decide otherwise in our sole discretion or the law requires a refund.
g. No Refunds or Credits.
Except as described in these Terms or as required by law, all Fees assessed by ESC Hub are non refundable. You are solely responsible for any excess Fees incurred by you as a result of an error or omission made by you or a third party. ESC Hub does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions.
If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. ESC Hub reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and ESC Hub’s determination is final.
You are responsible for cancelling your own services. Fees continue until cancellation is completed.
h. Cancellations.
You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
You are responsible for all financial transactions you and your customers conduct using the Platform, including chargebacks.
i. Your Responsibility For Financial Transactions.
You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.
Gold Star Pro offers an Affiliate/Partner Program under which customers may receive commissions for referring new accounts to Gold Star Pro. Your participation in the Partner Program is subject to Gold Star Pro's approval and your acceptance of the Partner Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a USD payment account linked to your Gold Star Pro Partner Program account in order to earn and receive commission payouts. Commissions may be forfeited if Gold Star Pro is unable to submit payment to your payment account for any reason.
We own the Platform content. You can use it only as needed to use the Platform for your business.
4. Intellectual Property
4.1. Platform Content.
Platform Content is the property of ESC Hub or its licensors and is protected by copyright, trademark, and other intellectual property laws, except as indicated below. Platform Content does not include User Contributions, as defined below.
ESC Hub grants you a personal, royalty free, non assignable, revocable, and non exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to you and your customers. Any other use, including reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content without prior permission of ESC Hub is strictly prohibited.
Our trademarks and service marks belong to us. You cannot use them without permission in a way that confuses or harms our brand.
4.2 .ESC Hub Marks.
ESC Hub Marks are trademarks and service marks of Launch Point LLC and may not be used without advance written permission, including in connection with any product or service that is not provided by ESC Hub, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents ESC Hub.
You may not remove any ESC Hub Marks or other proprietary notices, including attribution information, credits, and copyright notices placed on or near the Platform or Platform Content. Other product or company names mentioned on the Platform may be trademarks or service marks of their respective owners.
You own your content, but you give us broad permission to use it for operating and improving the Platform. You are responsible for ensuring your content is legal and appropriate.
4.3. User Contributions.
User Contributions are considered non confidential and non proprietary. You grant ESC Hub, our service providers, and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose.
You also grant ESC Hub the right to use your Information and User Contributions to improve the Platform, develop new services, and improve ESC Hub’s overall product offerings and business model.
ESC Hub is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse User Contributions of third parties. ESC Hub is not responsible for any failure or delay in removing User Contributions that violate these Terms. ESC Hub reserves the right to delete or remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason.
You represent and warrant that:
(i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
(ii) All of your User Contributions comply with these Terms.
(iii) You are responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions.
You cannot post content that is unlawful, offensive, or infringes on someone else’s rights.
4.4. Prohibited User Contributions.
You are prohibited from posting User Contributions on the Platform that:
(i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or include graphic descriptions of sexual or violent content.
(ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise.
(iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party.
(iv) Breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform Account.
If you give us ideas or feedback, you agree we can use them without compensating you.
4.5. Feedback.
If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non confidential, and gratuitous, and ESC Hub has no obligation to use the Feedback. You grant ESC Hub and its designees a perpetual, irrevocable, non exclusive, fully paid up and royalty free license to use any Feedback you submit without restrictions or payment.
You represent that the Feedback is your own original work, that you have the necessary rights to disclose it, and that neither your disclosure nor ESC Hub’s use of the Feedback will infringe upon the rights of any individual or entity. If your Feedback is the subject of a pending or issued patent, you must disclose that fact to ESC Hub.
You waive claims against us related to our use of your feedback and agree to indemnify us if someone else claims your feedback infringes their rights.
4.6. Feedback Waiver.
You irrevocably release and forever discharge ESC Hub from any and all actions, claims, damages, liabilities, and demands arising from or in any way connected with the Feedback, including how ESC Hub uses the Feedback.
You agree (at ESC Hub’s option and at your sole expense) to defend, indemnify, and hold ESC Hub harmless from any and all claims, damages, losses, costs, fees, fines, or expenses, including reasonable attorneys’ fees, which ESC Hub may incur as a result of use of the Feedback in accordance with these Terms.
If you believe someone is infringing your copyrights using our Platform, follow this process to notify us.
4.7. Copyright; Digital Millennium Copyright Act.
If you believe that your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with this section. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable laws.
A notification of claimed copyright infringement should be emailed to [email protected] (subject line: “DMCA Takedown Request”) and mailed to:
Launch Point LLC
Attention: Copyright Agent
500 4th Street Northwest
Suite 102/3100
Albuquerque, New Mexico 87102
USA
The notice must include:
Your physical or electronic signature.
Identification of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it.
Your address, telephone number, and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
You may send a counter notice if you believe your content was removed in error. The counter notice must follow the requirements of the DMCA. ESC Hub may, in its sole discretion, restore the removed content in accordance with applicable law.
We may limit access to the Platform and or terminate the account of any user who infringes the intellectual property rights of others.
You may send a counter notice if you believe your content was removed in error. The counter notice must follow the requirements of the DMCA. ESC Hub may, in its sole discretion, restore the removed content in accordance with applicable law.
We may limit access to the Platform and or terminate the account of any user who infringes the intellectual property rights of others.
The Platform is provided “as is” without warranties. You use it at your own risk.
5. Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.
WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS NETWORKS ARE INHERENTLY INSECURE. ESC HUB IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.
ESC HUB MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED THROUGH THIRD PARTY SERVICES OR IN CONNECTION WITH THE PLATFORM. ANY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES, AT ANY TIME WITH OR WITHOUT NOTICE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If we are found liable to you, our liability is capped at the amount you paid us in the three months before the issue. We are not liable for indirect or consequential damages.
You may need to indemnify us if your actions cause claims or damages.
6. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL ESC HUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES.
You agree to defend, indemnify, and hold ESC Hub harmless from all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way connected with your use of the Platform, including but not limited to:
(a) our use of or reliance on information supplied by you, your employees, agents, or customers;
(b) any breach of these Terms by you, your employees, agents, or customers;
(c) wrongful use or possession of any ESC Hub property;
(d) negligence, gross negligence, or willful misconduct;
(e) misrepresentations by you;
(f) violations of law by you or your employees, agents, or customers;
(g) your actions and those of your employees, agents, or customers;
(h) your obligations to provide notices and obtain consents for communications;
(i) Taxes and other fees; and
(j) any disputes between you and other users, clients, or customers.
You have three months from the event giving rise to a claim to start legal action. After that, the claim is barred.
7. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you breach these terms in a way that causes serious harm, money alone may not fix it. In those cases, we can seek immediate court orders like injunctions.
8. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Launch Point LLC for which monetary damages would not be an adequate remedy, and Launch Point LLC shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
If we choose not to enforce a term, that doesn’t mean we waive our rights in the future. Each part of these terms stands on its own, so if a court finds one part invalid, the rest still applies. If any breach causes harm that money can’t fix, we may seek immediate remedies like injunctions.
9. Waiver And Severability
If you break these Terms in a way that causes harm that money can’t fix, Launch Point LLC can seek immediate court remedies, such as an injunction, without needing to post a bond or other security.
If Launch Point LLC chooses not to enforce a part of these Terms at any time, that does not mean we’ve waived that right or any other rights in the future. Not enforcing something once does not prevent us from enforcing it later.
If a court decides that any part of these Terms is invalid, illegal, or unenforceable, that specific part will be removed or limited as necessary. The rest of the Terms will remain fully effective.
If you want this dropped into the two-column format next, just tell me.
10. Change of Control
Launch Point LLC may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Launch Point LLC’s prior written consent which may be withheld at Launch Point LLC’s sole discretion.
We can terminate this agreement and your access to the platform at any time, for any reason.
11. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement between you and Launch Point LLC with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Launch Point LLC.
Launch Point LLC may enter into a separate agreement with you. The terms of any separate agreement between you and Launch Point LLC will be considered a part of your entire agreement with Launch Point LLC. To the extent there is a conflict between these Terms and the terms of your separate agreement with Launch Point LLC, your separate agreement with Launch Point LLC will control.
These terms stay in effect as long as you have an account. We can suspend or terminate your access for things like rule violations, non-payment, legal requirements, or security risks. If your account ends, your access stops immediately. You must submit cancellations through the official form, and users who got access through someone else must cancel through that provider. If your account is suspended, you may need to pay fees or meet conditions before reactivation, and data recovery is not guaranteed.
12. Term and Termination
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.
a. Grounds for Termination by Launch Point LLC. Launch Point LLC may suspend or terminate your access to the Platform (or any part thereof) under the following circumstances:
For Cause: If you materially breach these Terms, including non-payment of fees, and such breach is not cured within thirty (30) days of receiving written notice from Launch Point LLC specifying the breach. Material breaches include, but are not limited to, violations of the Prohibited Uses outlined in Section 2, or engaging in fraudulent, abusive, or illegal activities using the Platform.
Non-Payment: If there has been non-payment for at least thirty (30) days after a payment is due, Launch Point LLC will provide notice of the overdue payment and give you an additional thirty (30) days to settle outstanding fees before terminating the account for non-payment, effectively allowing up to sixty (60) days from the original payment due date.
Legal Compliance: If required to do so by law, court order, or governmental regulation, or if your use of the Platform violates applicable law.
Security Risks: If your use of the Platform poses a significant security risk to the Platform or its users, Launch Point LLC may suspend access immediately, provided that Launch Point LLC promptly notifies you and works with you to resolve the issue.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Launch Point LLC is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, Launch Point LLC requires written notice at least 24 hours notice before your next billing date. Cancellation must be processed via the cancellation form at www.eschub.com/cancel-request
d. No Termination by Third Party Users. Launch Point LLC has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Launch Point LLC must contact the party who originally provided access to the Platform for any inquiries related to termination.
e. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
f. Reactivation of Suspended Accounts. If your account is suspended due to non-payment or inactivity, you may request reactivation by contacting Launch Point LLC support. To reactivate your account, you must settle all outstanding fees, including any overdue payments and charges incurred during the period of suspension.
Reactivation Fee:
Launch Point LLC reserves the right to charge a reactivation fee in addition to settling any outstanding balances. This fee will be the greater of $100 or the equivalent of the current on-hold plan rate for the duration of the unpaid period. The exact amount will be communicated to you at the time of your reactivation request.
Conditions for Reactivation:
Launch Point LLC may impose additional conditions for the reactivation of your account, including but not limited to upgrading to a higher service tier, agreeing to revised terms of service, or providing updated billing information.
No Obligation to Reactivate:
Launch Point LLC reserves the right to deny requests for reactivation at its sole discretion. Requests for reactivation may be denied if the account has been inactive or suspended for a significant period, if there are outstanding compliance issues, or if reactivation would violate any applicable laws or regulations.
Data Retention and Recovery:
Upon reactivation, Launch Point LLC will make reasonable efforts to restore your access to data and features associated with your account, subject to the data retention policies in place at the time of suspension. However, Launch Point LLC does not guarantee the recovery of all data, features, or settings, particularly if the account has been suspended for an extended period.
If we have a dispute that can’t be resolved, we will solve it using arbitration.
Make sure you talk to a lawyer to understand this section.
If we have a dispute, it must be resolved through individual arbitration rather than court. You cannot bring class actions. Delaware law applies. Arbitration happens in Dover, Delaware. Always talk to a lawyer if you have questions about this section.
13. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of New Mexico will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dover, Delaware. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
We send all important notices by email, so it’s your responsibility to keep your contact details current. You can reach us for legal, privacy, or general support matters at the same email address. We’ll never ask you for sensitive login information by email. You can also contact us by mail at our New Mexico address.
14. Communications and Contact Information
All notices to a party shall be in writing and shall be made via email. Notices to Launch Point LLC relating to these Terms, including all legal, privacy, or general support matters, must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.
Launch Point LLC may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive non transactional communications from Launch Point LLC, you can click the “unsubscribe” link provided in such communications or contact us at [email protected].
When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Launch Point LLC will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Launch Point LLC, do not respond to the email and notify us immediately at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at [email protected] or by mail at:
Launch Point LLC
500 4th Street Northwest
Suite 102/3100
Albuquerque, New Mexico 87102
USA
This section defines specific terms used throughout the agreement so their meaning is clear.
15. Definitions
15.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
15.2. "Feedback” means ideas You provide to Launch Point LLC regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to Launch Point LLC’s business.
15.3. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
15.4. "Launch Point LLC Marks” means the Launch Point LLC name and related logos and service marks of Launch Point LLC.
15.5. “Information” means data about You and Your customers that Launch Point LLC collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
15.6. “Login Credentials” means the username and password used to access your Platform Account.
15.7. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Launch Point LLC’s website or mobile application.
15.8. “Platform Account” means the account you created in order to access and use the Platform.
15.9. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
15.10. “Prohibited Conduct” means the behaviors described in Section 3.
15.11. “Services” means the variety of product integrations and services that Launch Point LLC makes available on the Platform. Services may include Third Party Services.
15.12. “Sub-Account” means a subscription for one business under a Platform Account.
15.13. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
15.14. “Third Party Services” means any Services or other services owned and provided by a third-party vendor that Launch Point LLC makes available to You as a Service on or through the Platform.
15.15. “Training” means any training, information or suggested usages conveyed by Launch Point LLC about the Platform.
15.16. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Launch Point LLC directly.
15.17. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.
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