Accelerator-Pro by GCMD - Terms & Conditions
Accelerator-Pro is a Software as a Service (SaaS) product of GCMD, LLC, dba Granular Creative Marketing & Design (hereinafter known as GCMD). Client is the person or organization who purchases Accelerator-Pro (hereinafter known as Client).
Accelerator-Pro is a marketing and sales software service offered as three products and price points on a monthly or annual subscription basis. Not all products are offered in all digital ads, landing pages, etc. but all products are available for review on www.accelerator-pro.com.
Subscription Payments: All payments will be made by credit card or debit card and automatically charged to the Client’s credit/debit card account either monthly or annually and based on the Client’s subscription choice.
Should the Client’s payment fail to process, the Client’s account will be suspended and the Client will be notified of the payment failure via email. After 30 days of non-payment, GCMD reserves the right to close the account. GCMD will not be held responsible for any Client data lost due to non-payment.
Phone/Text/Email Service Fees: Each product level comes with the ability to use phone/text services as outlined below. If you exceed that limit, each additional phone call or text you send during the month is 0.007 cents. The Jump Start plan comes with about 475 outbound calls, 780 inbound calls, and 840 text segments per month. Up to 10,000 emails are included. You may be billed separately for any services used beyond these thresholds.
Jump-Start comes with $10 phone service credits or about 475 outbound calls, 780 inbound calls and 840 text segments.
Growth comes with $25 phone service credits.
Up-Scale comes with $100 phone service credits.
If the phone service is being used as a main or alternate business phone service, a voice recording saved as an mp3, or wav file can be uploaded to automatically answer calls. Phone calls may also be recorded and will include a “recorded call message” at the beginning of the call notifying all parties that the call is recorded.
Voicemail messages may be saved within Accelerator-Pro under Conversations or Contacts and can be downloaded individually. Bulk download of phone calls is not available at this time. Text messages will also be saved on Accelerator-Pro and can be viewed with Conversations or Contacts. Phone and Text usage can be viewed under Settings/Phone/Usage.
Email service can be used “out of the box” or with a pre-purchased domain that can be installed and connected within Accelerator-Pro. Installing the domain will enable the Client to use a custom email address for emails, email campaigns, and in for other marketing purposes.
Calendars: The Calendars feature within Accelerator-Pro is only in the Growth or Up-Sales levels and can integrate with Google and Microsoft Outlook calendars. The Calendar tool includes multiple scheduling types: personal, round-robin service, webinar, booking, and collective.
Setup and Fees: The Client is provided online training for DYI account set up. The Client may also request GCMD set up their account for them as listed on the website and paid at the time the service is activated.
Depending on the product level selected, account “set up” may include gathering and uploading business data for the account, setting up phone and texting services for up to two phone numbers, connecting one pre-purchased domain for email service, landing pages, etc., setting up the reviews tool, connect to a pre-built Google My Business page and Google Ads account, set up to five staff member accounts with signature block, set up to five personal or business calendars, and upload one customer list saved in CSV format where the column names match the field names, one logo graphic saved in the media files for emails, signatures, invoices, etc.
The Client is responsible for connecting other social media channels for use with the Social Media Planner or in social media buttons in email campaigns, etc.
Product Level Changes: The Client may request lower-level products be upgraded to higher-level products at any time within their User Portal. They may also contact support@gcmd.agency or complete the Support Request Ticket within their Accelerator-Pro account to upgrade their account. Any upgrades will be billed at the higher product price on the next billing date. A prorated fee may incur and be charged to your credit or debit card to cover the product upgrade cost through to the next billing period.
If the Client decides to downscale their account, they need to notify GCMD by emailing support@gcmd.agency. They can also complete the Support Request Ticket within their Accelerator-Pro account.
Custom Work: Depending on the product level selected (Growth or Up-Scale), custom services may be requested by the Client for workflows/automations, forms, surveys, landing pages, marketing funnels, email campaigns, websites, and more. These services require a Proposal with a Scope of Service and Pricing based our current hourly rate before work commences. Please contact us directly at support@gcmd.agency with any requests for custom work. A 50% deposit will be required to start the work with the balance due when the work is completed as defined by the Scope of Service.
Add-on Services: GCMD offers a portfolio of add-on services that can be bolted onto the Client’s Accelerator-Pro account, including WordPress website design and development, WordPress hosting, Facebook advertising, Yext online business listings, AI Employee, AI ad, email and content writing, integrations with third-parties and other services as they become available. These services can be purchased separately and added to your monthly billing. Many of these add-on services can be set up and managed by the Client. If you would like assistance setting up an add-on service, please let us know by emailing us at support@gcmd.agency. Website design and development would require a Scope of Service and deposit before proceeding with the project.
Training: Each level of Accelerator-Pro includes online training using videos and text to educate Clients on how to set up the service and use it successfully. GCMD will provide the Client with login information via email soon after signing up for any of the Accelerator=Pro products.
From time to time, GCMD may provide webinars or “live” online training to help Clients learn more about Accelerator-Pro and to answer questions. GCMD may also email “tips and tricks” to Clients to help educate them about product upgrades and features, offer helpful tips or answer common questions.
A workshop tailored to a specific Client can be scheduled and conducted for an additional fee. The workshop details and expectations would be outlined in a Proposal prior to conducting the workshop. Please contact support@gcmd.agency to schedule a workshop.
Technical Support: GCMD will provide technical support for any of the Accelerator-Pro products should a feature or tool not work properly. Please email support@gcmd.agency or complete the Request Support Ticket within Accelerator-Pro to request assistance. Building out specific workflows or other Client-specific systems is covered under Custom Work.
Termination of Services: To terminate their Accelerator-Pro account, the Client, or their authorized representative, must email
support@gcmd.agency to ask GCMD to terminate the account. The data in the account will be available until the end of the current billing cycle. At that time, the data may be deleted by GCMD. GCMD will not be held liable or responsible for any Client data that is lost or deleted once the current billing period has expired.
Data Availability Upon Termination: When a Client’s Accelerator-Pro account is terminated, either by the Client or GCMD, all data within the fields can be exported within Contacts by going to Columns and selecting the needed fields so they are displayed on the screen and available for export via the Export tool in the icon navigation bar.
Recorded phone calls can be downloaded individually under Settings/Phone/Usage. Bulk downloads of recorded phone calls are not available at this time. At this time, email and text messages cannot be downloaded. Text messages can be viewed under Settings/Phone/Usage.
Client Representations and Warranties: Indemnity: Client represents and warrants to GCMD the following: (i) that Client owns the URL listed on the reverse side of this Agreement; and (ii) that Client owns or has the absolute and unrestricted right to use all graphics, photos, designs, intellectual property and artwork, and any element or elements thereof. Client indemnifies and holds harmless GCMD and GCMD‘s owners, officers, directors and employees from and against any and all liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees and costs incurred at trial, appeal or other legal proceeding) arising out of or with respect to any breach by Client of any of the foregoing representations and warranties, or the breach of any representations and warranties contained elsewhere in this Agreement, and/or the failure by Client to comply with any covenant of Client contained in this Agreement. If Client is a company, the individual ordering the Accelerator-Pro product(s) represents and warrants that the execution of these Terms and Conditions have been authorized by all necessary action of the Client, and that the Client’s representative has full authority to order Accelerator-Pro on behalf of and bind the Client hereunder.
Governing Law/Arbitration: This Agreement shall be governed by and under the laws of the State of Maine without regard to conflict of laws principles. Any controversy or claim arising out of or under, or relating to, this Agreement, including but not limited to authority to sign this Agreement, contract formation issues, fraud or the breach of any provision hereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Liquidated damages include a breach of contract by either party as outlined above with damages limited to one month’s marketing fees. Notwithstanding the foregoing, in any arbitration hereunder, the arbitrator shall have no authority to award any relief outside the scope of all disclaimers stated in these Terms and Conditions. All arbitration proceedings brought hereunder shall be located exclusively in Cumberland County, Maine.
Miscellaneous: This Terms and Conditions may not be assigned by Client without the prior written consent of GCMD which may be withheld or denied by GCMD in its sole and absolute discretion. The Terms and Conditions shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. The prevailing party in any suit, action or proceeding (including, but not limited to, an arbitration proceeding) arising out of or in connection with these Terms and Conditions, shall be entitled to an award of reasonable attorneys’ fees, costs and disbursements incurred by it in connection therewith. Any failure by GCMD to insist upon strict compliance with any of the terms, covenants or conditions of these Terms and Conditions shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. All previous communications about the subject matter of these Terms and Conditions, either oral or written, are hereby abrogated, and withdrawn, and these Terms and Conditions constitute the entire agreement between Client and GCMD about the subject matter hereof. No terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by both Client and GCMD. It is the intent of the parties hereto that all provisions of these Terms and Conditions shall fully be enforceable. Accordingly, if any arbitrator determines that the scope and/or operation of any provision of these Terms and Conditions are too broad to be enforced as written, the parties hereto intend that the arbitrator should reform such provision to the minimum extent necessary to render such provision enforceable. If, however, any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under present or future law, and not subject to reformation, then such provision shall be fully severable, and these Terms and Conditions shall be construed, and enforced as if such provision was never a part of this Agre these Terms and Conditions. The rule of construction that an ambiguity in a contract will be construed against the drafter is hereby waived by both parties hereto.
Force Majeure: GCMD shall not be liable for, nor considered to be in breach under these Terms and Conditions due to, delay or failure to perform under these Terms and Conditions as a consequence of any conditions beyond GCMD’s reasonable control after exercising commercially reasonable efforts.
By ordering an Accelerator-Pro product, the Client acknowledges and affirms that the Client has read and fully understands these Terms and Conditions of Service and agrees with said Terms and Conditions.
Revised: January 8, 2025