Terms of Service

1. Agreement and Provider

These Terms of Service (the “Terms”) are between 1791 Financial Services LLC, doing business as Bookkeeper Growth (“Bookkeeper Growth,” “we,” “us,” or “our”), and the business or individual accepting them (the “Partner” or “you”). Bookkeeper Growth operates as a partner program under 1791 Financial Services. These Terms become effective on the date you accept them or activate Program access.

You represent that you are at least 18 years old, have authority to bind the Partner business, and will use the Program only for lawful business purposes.

2. Program Relationship

The Program provides technology configuration, business-development resources, training, community access, and optional support services. It does not create an employment, agency, franchise, fiduciary, joint-venture, or exclusive relationship. Each Partner remains independently responsible for its business, clients, professional obligations, licenses, taxes, staffing, and service quality.

3. Plans and Included Services

Your selected Silver, Gold, or Platinum plan controls the resources, templates, automation packages, reporting, strategy access, and support included in your membership. The current Three-Plan Service Scope is incorporated by reference. Features may require configuration, testing, third-party accounts, usage balances, or Partner-supplied content before they can be used.

All plans include a 30-day free trial, Bookkeeper Growth CRM access, core CRM configuration, contact and opportunity management, a calendar, standard workflows, onboarding resources, and Partner Community access.

Higher tiers add specified automation, templates, funnels, reporting, strategy access, priority support, or limited workflow assistance.

The Program is a growth, communication, automation, and partner-support platform. It does not replace accounting, tax, payroll, legal, or professional practice-management software.

4. Thirty-Day Free Trial

Unless we approve an exception in writing, each business is eligible for one 30-day trial. The trial begins when we activate access, not when an application is submitted. Submission of an application does not guarantee approval and does not create a CRM sub-account.

Before activation, we will disclose the selected plan, the trial start and end dates, the post-trial monthly price, and whether billing will begin automatically or require a separate opt-in. If automatic conversion is used, it must be supported by the Partner’s express authorization and a clear cancellation method.

5. Fees, Billing, Taxes, and Usage

Membership is billed monthly at the price shown for the selected plan. Partner authorizes charges using the approved payment method and is responsible for applicable taxes. Usage-based services and paid add-ons—including, where applicable, phone, SMS, email, AI, WhatsApp, domains, premium actions, third-party software, or marketplace services—are separate unless the written plan scope expressly states otherwise.

Junior bookkeeping labor and additional technical work are billed at $25 per hour unless a written order or plan allowance states otherwise. We may require written approval before beginning billable work.

Once approved through our Strategic Partnerships, users may introduce select services to their clients. These select services may include Merchant Processing, Crypto Processing, Business Lending, or other services. These services may generate payments to you and we may ask you to provide additional information to satisfy 1099 reporting requirements.

6. Month-to-Month Term and Cancellation

Membership is month-to-month with no long-term commitment. You may cancel at any time using the cancellation method disclosed at enrollment or by contacting the designated support channel. Cancellation ordinarily stops the next renewal and remains effective through the paid period unless we confirm an earlier termination. Trial cancellation must be received before the disclosed conversion deadline to avoid the first charge when automatic conversion applies.

Fees already charged are non-refundable except where required by law or expressly approved in writing. We will provide a cancellation confirmation.

7. Account Provisioning and Access

On the current operating model, approved trials are provisioned manually. We may create a dedicated sub-account, install the applicable Bookkeeper Growth snapshot, configure permissions, and invite authorized users.

8. Acceptable Use

Do not use the Program for unlawful, deceptive, abusive, infringing, discriminatory, or fraudulent conduct.

Do not send spam or communications without required consent, identification, and opt-out mechanisms.

Do not upload passwords, bank credentials, Social Security numbers, full payment-card data, tax returns, or other highly sensitive information unless an approved secure process specifically permits it.

Do not copy, resell, publish, reverse engineer, or distribute Bookkeeper Growth templates, snapshots, training, or proprietary resources outside the licensed Partner business.

Do not interfere with platform security, usage limits, account integrity, or another user’s access.

9. Third-Party Platforms and Services

The Program may use HighLevel and other third-party services for CRM, communications, payments, domains, email, telephony, AI, communities, portals, integrations, or data processing. Those services may have separate terms, pricing, acceptable-use requirements, outages, and feature changes. We do not control third-party availability and may modify the Program when a provider changes or discontinues a feature.

10. Community, Training, and Partner Opportunities

Community access is provided to active trial or paid Partners subject to the Community Guidelines. Training, announcements, offers, events, and partner opportunities are informational and may change. Partner opportunities, referrals, commissions, leads, approvals, and business outcomes are never guaranteed. Any referral or compensation activity must follow applicable licensing, disclosure, privacy, and professional requirements.

11. Intellectual Property and License

Bookkeeper Growth and its licensors retain ownership of Program branding, snapshots, workflow architecture, templates, training, documentation, and other protected materials. During active access, we grant the Partner a limited, non-exclusive, non-transferable, revocable license to use included materials for the Partner’s own business. No ownership transfers to the Partner.

Partner retains ownership of its pre-existing business content and data. Partner grants us the limited rights reasonably necessary to host, configure, process, and support that content within the Program.

12. Support, Maintenance, and Changes

Support is provided according to the selected plan and the Support and Additional Services Policy. Maintenance, platform updates, third-party changes, security work, or urgent fixes may temporarily affect availability. We may update templates, workflows, training, or plan features to improve performance, safety, compliance, or sustainability. Material pricing or scope changes will be communicated before they take effect for the next billing period.

13. Disclaimers and No Guarantee

The Program is provided on an “as available” basis. We do not guarantee increased revenue, new clients, savings, referrals, commissions, uninterrupted service, regulatory compliance, or any particular business result. Marketing examples, calculators, training, templates, and partner opportunities are educational tools and not financial, tax, legal, investment, insurance, or accounting advice.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, NEITHER PARTY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR REPRESENTATIVES, SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR LIABILITIES THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER CALIFORNIA LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY THE OTHER PARTY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations and exclusions in this Section do not apply to liability arising from a party’s fraud, willful misconduct, gross negligence, willful injury to the person or property of another, or any other liability that cannot lawfully be limited or excluded under applicable California law.

The parties acknowledge that these limitations are a material part of the consideration for entering into this Agreement and reflect a reasonable allocation of risk between them.

15. Suspension and Termination

We may suspend or terminate access for nonpayment, misuse, security risk, material breach, unlawful activity, abuse of the community, infringement, or risk to the Program or third parties. When access ends, Partner must stop using restricted Program materials. Data export, retention, deletion, and account closure will follow the documented offboarding process and applicable requirements.

16. Governing Law, Disputes, and Notices

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Program, or the relationship between the parties are governed by California law, without regard to conflict-of-law principles, except to the extent federal law applies or applicable law requires otherwise.

Before commencing arbitration or litigation, the parties will make a good-faith effort to resolve the dispute informally. The asserting party must provide written notice describing the dispute and requested relief. The parties have 30 days after receipt to attempt resolution, except where immediate injunctive or equitable relief is reasonably necessary.

Except for eligible small-claims matters and claims for which arbitration cannot lawfully be required, disputes will be resolved by final and binding arbitration before a single neutral arbitrator under applicable California and federal law in San Diego County, California, unless the parties agree otherwise or applicable law requires otherwise. The arbitrator may award relief available in a competent court, subject to these Terms and applicable law, and judgment may be entered in any court having jurisdiction.

Either party may bring an individual qualifying claim in a California small claims court. To the maximum extent permitted by law, disputes will proceed only on an individual basis, and neither party will bring or participate in a class, collective, consolidated, or representative action or arbitration. To the maximum extent permitted by law, the parties knowingly and voluntarily waive a jury trial for disputes subject to this Section.

For disputes not subject to arbitration, including enforcement of an award or appropriate injunctive relief, the parties consent to exclusive jurisdiction and venue in the state and federal courts in San Diego County, California, except where applicable law requires otherwise.

Formal notices must be in writing and delivered personally, by nationally recognized overnight courier, by certified or registered U.S. mail with return receipt requested, or by email. Notices to the Company: 1791 Financial Services, 8274 Miramar Road, San Diego, CA 92126; [email protected]. Either party may update its notice information in writing. If any part of this Section is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed without affecting the remainder.

17. Entire Agreement and Severability

These Terms, the selected plan scope, the Trial Agreement, Community Guidelines, Support Policy, order or checkout terms, and applicable privacy disclosures form the complete agreement regarding the Program. If a provision is unenforceable, the remaining provisions continue to the extent permitted. Failure to enforce a provision is not a waiver.