Terms of Service

1.Acceptance and company identity

nGenius Pros LLC, doing business as nGenius Pro, provides the websites and general services covered by these Terms. By accessing a website or service that links to these Terms, submitting an inquiry, or purchasing a service, you agree to these Terms.

If you act for a company, practice, or other organization, you represent that you are eligible and authorized to act for and bind that organization. If you do not agree, do not use the applicable website or service.

2.Website use and services overview

You may use our public website for lawful informational and business purposes. nGenius Pro services may include websites, local visibility and reputation support, content, public relations, CRM and lead management, reporting, communications, automation, AI-assisted tools, and related implementation or support described in an applicable offer.

Service descriptions are general unless incorporated into a quote, proposal, order, statement of work, or signed service agreement.

3.Agreement hierarchy

These public Terms govern general website and service use. They do not replace a signed client agreement. The following hierarchy applies, with a more specific signed document controlling a conflicting general provision:

• These public Terms of Service govern general website and platform use.
• The Privacy Policy governs personal-information handling.
• The SMS and communications provisions below govern applicable messaging disclosures and choices.
• A signed client service agreement or statement of work controls the purchased package, term, deliverables, pricing, cancellation and refund rules, and client responsibilities.
• An order, invoice, or payment record documents the commercial transaction.

4.Quotes, proposals, orders, pricing, and billing

• Pricing, setup fees, recurring charges, billing timing, and included work are stated in the applicable quote, proposal, order, invoice, or service agreement.
• Third-party platform, media, domain, hosting, messaging, calling, AI, distribution, payment-processing, or usage fees are separate when disclosed as separate.
• Applicable taxes may be added where required.
• You authorize the payment method and recurring charges described in the applicable order or agreement.
• Cancellation, refunds, credits, renewal, and termination are governed by the applicable signed service agreement or order and any incorporated cancellation policy.

5.Client responsibilities

• Provide accurate, complete, and current information and notify us of material changes.
• Provide timely access, decisions, approvals, feedback, content, and account permissions needed to perform the work.
• Confirm you are authorized to provide all accounts, lists, trademarks, text, images, recordings, data, and other materials supplied to us.
• Review and approve content, configurations, campaigns, and public materials before release when approval is required.
• Comply with laws, professional rules, consent requirements, advertising rules, privacy obligations, carrier requirements, and platform policies applicable to your business and communications.
• Maintain appropriate security over your accounts and promptly remove access that is no longer needed.

6.Third-party platforms and costs

Services may depend on HighLevel, hosting and domain providers, search engines, social networks, Google Business Profile, email, SMS, telephony, AI, payment, analytics, distribution, and other platforms. Their providers control availability, delivery, pricing, moderation, eligibility, policies, and account decisions.

We are not responsible for third-party outages, delays, filtering, policy changes, rejected content, account restrictions, suspension, data loss, or price changes outside our reasonable control. We will separately disclose third-party costs when they are not included in the applicable order.

7.SMS, calling, and communications terms

If you expressly opt in to receive text messages or calls from nGenius Pro, we may send communications for the purpose described at the point of consent, including inquiry follow-up, appointment, support, account, transactional, or marketing communications. Transactional and marketing communications may be subject to different consent requirements.

General website consent is not automatically proof of consent for every text, prerecorded message, or automated call. The actual disclosure, opt-in method, communication purpose, and applicable law control.

• Message frequency varies. Message and data rates may apply.
• Consent is not a condition of purchase where applicable.
• Reply STOP to opt out of text messages and HELP for help. You may also contact us using the information below.
• Carriers are not liable for delayed or undelivered messages.
• Messages are generally sent during reasonable business and legally permitted hours, subject to the recipient’s location and the purpose of the communication.
• We do not sell mobile information or opt-in data and do not share SMS consent with third parties for their independent marketing.
• Our Privacy Policy explains how communications and consent records are handled.

8.Messaging, calling, and AI limitations

Delivery, caller identification, number registration, filtering, carrier acceptance, and platform availability are not guaranteed. Communications may be delayed, blocked, or misclassified by third parties.

AI-assisted output may be incomplete, inaccurate, or inappropriate and requires human review. AI is not a substitute for professional judgment, clinical advice, legal advice, emergency response, or required human approvals. Clients remain responsible for their final content, decisions, disclosures, and use of AI-assisted systems.

9.Content, intellectual property, and confidentiality

You retain ownership of client-supplied materials and grant us the rights reasonably necessary to perform contracted services. You represent that your materials and instructions do not infringe another party’s rights.

Ownership and licensing of deliverables are governed by the applicable signed agreement. Unless that agreement says otherwise, nGenius Pro retains its pre-existing methods, templates, tools, systems, know-how, and reusable components. You may not copy, scrape, reverse engineer, or use our website or materials unlawfully or without authorization.

Confidentiality obligations for a client engagement are governed by the applicable service agreement or separate confidentiality agreement. Public website use alone does not create a confidential, fiduciary, clinical, attorney-client, or professional-adviser relationship.

10.No guarantees

Unless a signed agreement expressly states otherwise, we do not guarantee rankings, visibility, traffic, leads, appointments, reviews, revenue, publication, distribution, platform acceptance, or other business results. Outcomes depend on factors outside our control, including client responsiveness, competition, market conditions, platform behavior, budgets, and third-party policies.

Nothing we provide guarantees medical, dental, treatment, diagnostic, patient, or clinical outcomes.

11.Medical and clinical disclaimer

nGenius Pro provides marketing and technology services, not medical or dental care, diagnosis, treatment, clinical advice, or emergency services. General nGenius Pro websites, forms, chat widgets, and marketing intake systems are not intended for medical records, diagnoses, treatment information, protected health information, or emergency communications unless a separately approved compliant system has been implemented.

If you have a medical emergency, contact emergency services or an appropriate healthcare provider. Healthcare clients are solely responsible for their clinical services, professional decisions, patient communications, licensing, and regulatory obligations.

12.Prohibited use

• Illegal, fraudulent, deceptive, abusive, harassing, infringing, or unauthorized activity.
• Sending communications without required consent or in violation of opt-outs, carrier rules, or applicable law.
• Uploading malware, attempting unauthorized access, disrupting systems, scraping protected content, or bypassing security controls.
• Submitting regulated health information or other sensitive data through a general system not approved for that purpose.
• Misrepresenting identity, authority, credentials, results, or affiliation with nGenius Pro or a third party.

13.Suspension and termination

We may suspend or terminate access for nonpayment, security risk, unlawful or prohibited use, platform-policy violations, material breach, or conduct that could harm nGenius Pro, a client, a provider, or another person. Client-service termination, handoff, and post-termination obligations are governed by the applicable signed agreement or order.

14.Disclaimers and limitation of liability

To the fullest extent permitted by law, public websites and general services are provided on an “as is” and “as available” basis without warranties not expressly stated in a signed agreement.

To the fullest extent permitted by law, nGenius Pro is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, opportunities, or data. Unless a signed agreement states a different enforceable limit, aggregate liability arising from a service will not exceed the amount paid to nGenius Pro for that service during the twelve months preceding the event giving rise to the claim. Nothing limits liability that cannot legally be limited.

15.Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless nGenius Pro and its personnel from third-party claims, damages, liabilities, and reasonable costs arising from your supplied materials, unlawful instructions, misuse of services, violation of these Terms, or violation of another party’s rights. Any service-specific indemnity is governed by the applicable signed agreement.

16.Governing law and venue

Unless an applicable signed agreement states otherwise, these Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Exclusive venue for disputes concerning these public Terms will lie in the state or federal courts with jurisdiction in Laramie County, Wyoming, except where applicable law requires another forum.

17.Changes to these Terms

We may update these Terms as our services or legal obligations change. The last-updated date identifies the current version. Material changes affecting an active signed engagement will be handled according to the applicable agreement and law.

18.Contact information

Contact nGenius Pros LLC, doing business as nGenius Pro, at info@ngeniuspro.com, 714-276-1798, or 1603 Capitol Ave, Ste 413, Cheyenne, WY 82001. For SMS help, reply HELP or contact us using these details.