Terms of Service

1. General Information

These Terms of Service ("Terms" or "Agreement") govern your access to and use of the services provided by Victory Agents ("Company," "we," "us," or "our"), a growth infrastructure consortium comprised of LinkyBot AI, iGloo Digital Services, and Strategic Partners.

Victory Agents provides AI-powered LinkedIn outreach services, fractional CTO services, CRM integration and automation, strategic partnership facilitation, and related growth infrastructure services (collectively, the "Service").

By accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY AND A BINDING ARBITRATION CLAUSE.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

2.3 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.4 Customer Resources

To enable effective service delivery, Customer agrees to provide:

• Project Manager: A designated point of contact for campaign coordination
• Content and Messaging: Ideal customer profile (ICP), value propositions, and messaging direction
• Sales Sponsor: Personnel to receive and follow up on booked appointments
• LinkedIn Sales Navigator: Active subscription ($99/month minimum) for targeting capabilities
• Technical Resources: Access credentials and permissions for CRM integrations as applicable

3. Service Description

Victory Agents is a consortium of three specialized service providers working together to deliver comprehensive growth infrastructure:

3.1 Pipeline Agent (LinkyBot AI)

AI-powered LinkedIn outreach and appointment setting, including autonomous two-way conversations, prospect qualification, and meeting scheduling.

3.2 Infrastructure Agent (iGloo Digital)

Fractional CTO services, GoHighLevel CRM setup and integration, technical infrastructure development, and AI implementation consulting.

3.3 Network Agent (Strategic Partners)

Strategic relationship building, warm introductions, Hot Lead Concierge services, and fractional CRO support for high-value opportunities.

4. Fees and Subscription

4.1 Service Tiers

Victory Agents offers multiple service tiers with varying capabilities and pricing:

• Operation Pipeline: $997-$2,497/month
• Operation Command: $2,497-$5,000/month
• Operation Scale: $7,500-$15,000/month
• Operation Dominate: Custom pricing

Specific pricing and inclusions will be detailed in your Order Form or Statement of Work.

4.2 Payment Terms

• All fees are due in advance and payable in U.S. dollars
• Payment may be made via credit card, ACH, or wire transfer
• Late payments are subject to interest at 1.5% per month or the maximum legal rate
• All fees are non-refundable except as expressly stated herein

4.3 Setup Fees

One-time setup fees may apply depending on your service tier. Setup fees cover onboarding, ICP development, messaging strategy, campaign configuration, and initial integrations. Setup fees are non-refundable once onboarding has commenced.

4.4 Billing

Monthly subscriptions are billed on the same day each month. Annual subscriptions are billed in advance for the full year. You authorize us to charge your payment method automatically for recurring fees.

4.5 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, duties, and government charges (except taxes on our net income).

5. Term, Renewal, and Cancellation

5.1 Initial Term

The initial subscription term is three (3) months from the service activation date, unless otherwise specified in your Order Form.

5.2 Renewal

After the initial term, your subscription will automatically renew on a month-to-month basis at the then-current rates unless either party provides written notice of non-renewal at least ten (10) days before the end of the current term.

5.3 Cancellation

After the initial three-month commitment, you may cancel your subscription at any time by providing written notice at least ten (10) days before your next billing date. Cancellation will be effective at the end of the current billing period.

5.4 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of these Terms and fails to cure such breach within thirty (30) days after receiving written notice.

5.5 Effect of Termination

Upon termination: (a) your access to the Service will cease; (b) you remain liable for all fees incurred through the termination date; (c) we will retain your data for thirty (30) days to allow for export, after which it may be deleted.

6. Acceptable Use Policy

6.1 Email and Messaging Compliance

You agree to comply with all applicable laws regarding electronic communications, including but not limited to:

• CAN-SPAM Act (United States)
• CASL - Canada's Anti-Spam Legislation
• GDPR (European Union)
• CCPA/CPRA (California)
• Any other applicable anti-spam or data protection regulations

6.2 LinkedIn Compliance

You acknowledge that our Service interacts with LinkedIn and agree to comply with LinkedIn's User Agreement and Professional Community Policies. You are solely responsible for ensuring your use of our Service complies with LinkedIn's terms.

6.3 Prohibited Content

You may not use the Service to send, store, or distribute:

• Unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene content
• Content that infringes intellectual property rights
• Malware, viruses, or other malicious code
• Deceptive or fraudulent content
• Content that violates any third party's privacy rights

6.4 System Integrity

You may not:

• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any systems
• Reverse engineer, decompile, or disassemble the Service
• Use the Service for competitive analysis or to build a competing product

7. Restricted Industries

Victory Agents reserves the right to refuse service to businesses in certain industries. The following industries are prohibited from using our Service:

• Cryptocurrency, NFTs, or unregistered securities offerings
• Adult content, escort services, or dating services
• Unlicensed pharmaceutical or medical device sales
• Multi-level marketing (MLM) or pyramid schemes
• Gambling or online betting (unless properly licensed)
• List brokers or data resellers
• Services promoting fake social media engagement
• Any illegal activities

We reserve the right to terminate service immediately if we determine your business falls within a restricted category.

8. Customer Data

8.1 Ownership

You retain all ownership rights to data you provide to us ("Customer Data"). Customer Data includes your contact lists, messaging content, campaign results, and any other data you upload or create using the Service.

8.2 License to Victory Agents

You grant us a non-exclusive, worldwide, royalty-free license to use, process, and store Customer Data as necessary to provide the Service, improve our offerings, and create aggregated, anonymized analytics.

8.3 Machine Learning

We may use anonymized and aggregated data derived from your use of the Service to train and improve our AI models. You may opt out of this by contacting us at [email protected].

8.4 Data Security

We implement industry-standard security measures to protect Customer Data. However, no method of transmission or storage is 100% secure. Please see our Privacy Policy for more information about our data practices.

9. Suspension

We may suspend your access to the Service, in whole or in part, without liability if:

• Prohibited Acts: You violate the Acceptable Use Policy or Restricted Industries provisions
• Non-Payment: You fail to pay fees when due after ten (10) days written notice
• Present Harm: Your use poses a security risk or may harm our systems or other customers

We will provide notice before suspension when practicable and will restore access promptly once the issue is resolved.

10. Third-Party Services and AI

10.1 Third-Party Integrations

Our Service integrates with and relies upon third-party platforms and services, including but not limited to:

• LinkedIn and LinkedIn Sales Navigator
• GoHighLevel (CRM and automation)
• ZoomInfo (data enrichment)
• OpenAI and Anthropic Claude (AI capabilities)
• Stripe and PayPal (payment processing)
• Google Analytics and Cloudflare (analytics and security)

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

10.2 AI-Generated Content

Our Service uses artificial intelligence to generate messages and content. While we strive for accuracy and quality, AI-generated content may occasionally contain errors or produce unexpected results. You are responsible for reviewing and approving campaign content before deployment.

11. Intellectual Property

11.1 Victory Agents Property

The Service, including all software, algorithms, user interfaces, designs, trademarks, and content created by us, is owned by Victory Agents and its consortium partners. Nothing in these Terms grants you any right, title, or interest in our intellectual property except as expressly stated.

11.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

11.3 DMCA Policy

We respect intellectual property rights and expect our customers to do the same. If you believe content on our Service infringes your copyright, please contact us at [email protected] with the required information under the Digital Millennium Copyright Act.

12. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose such information to third parties except as necessary to perform under this Agreement. Confidential information does not include information that: (a) is or becomes publicly available; (b) was known to the receiving party prior to disclosure; (c) is independently developed; or (d) is rightfully obtained from a third party.

Either party may disclose confidential information if required by law, provided that the disclosing party gives the other party reasonable prior notice to contest the disclosure.

13. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT GUARANTEE ANY SPECIFIC NUMBER OF APPOINTMENTS, LEADS, CONVERSIONS, OR REVENUE RESULTS. ACTUAL RESULTS DEPEND ON MANY FACTORS OUTSIDE OUR CONTROL, INCLUDING YOUR INDUSTRY, MESSAGING, OFFER, AND MARKET CONDITIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VICTORY AGENTS, ITS CONSORTIUM PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Victory Agents, its consortium partners, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your Customer Data.

16. Governing Law and Dispute Resolution

16.1 Governing Law

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

16.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days.

16.3 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service shall be finally settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted in San Francisco, California, or via video conference at the election of either party. The arbitrator's decision shall be final and binding.

16.4 Class Action Waiver

YOU AND VICTORY AGENTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.5 Arbitration Opt-Out

You may opt out of the arbitration provision by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.

16.6 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information. Either party may also bring claims in small claims court if eligible.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with any Order Forms and our Privacy Policy, constitute the entire agreement between you and Victory Agents regarding the Service and supersede all prior agreements and understandings.

17.2 No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Victory Agents.

17.3 Publicity

We may identify you as a customer and use your company name and logo in our marketing materials unless you opt out by notifying us in writing.

17.4 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or third-party service outages.

17.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.6 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

18. Contact Information

For questions about these Terms or our Service, please contact us: