Last Updated: June 20, 2023
We are Confluence Business Solutions LLC (“Company,” “we,” “us,” “our”), a company registered in Colorado, United States at 60 Ingalls Street, Lakewood, CO 80226.
We operate the website https://confluencebusinessolutions.com/ (the “Site”), the mobile application Lead Connector – Automation on a Mission (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
We provide an all-in-one sales and marketing automation tool that includes technical tools to run your business, marketing strategy that you can use to automate and grow your business and support to make it happen.
You can contact us by phone at 303-362-3086, email at [email protected], or by mail to 98 Najjum Lane, Roanoke , VA 24019, United States.
Please review these terms of service carefully because these terms are a binding legal contract between you and Confluence Business Solutions. These terms govern your use of our websites, pages, the use of our program Automation on a Mission, it’s mobile app hosted by Lead Connector. By using these websites and/or Automation on a Mission, you accept these term sand agree to be bound by these terms. If you are agreeing to these terms on behalf of your company, you are representing to us that you have read these terms and that you have the authority to make such decisions. If you do not agree to these terms you must cease use of these websites and/or Automation on a Mission and it’s services. If you register for a free or $1 trial of Automation on a Mission, this agreement also governs that trial.
We may modify, update or delete provisions of these terms by posting those changes on our website, at which time you will be notified by email. Updates made here will become effective upon the posted date.
By continuing to use this website and/or the Automation on a Mission program and services after the effective date, you agree to be bound by the modified terms.
We recommend that you print a copy of these Legal Terms for your records.
“Authorized User or User” means You and any of Your employees, consultants, contractors or agents authorized to access and use the Automation on a Mission Service on behalf of Your business, in each case subject to such person’s agreement to be bound by these Terms.
“Confluence Business Solutions Materials” means any documentation, user guides, workbooks, collateral, or other similar materials provided by Confluence Business Solutions to You in connection with Your use of the Automation on a Mission System.
“Automation on a Mission System” represents the suite of Software as a Service (SaaS) solutions designed, managed, and upheld by Confluence Business Solutions.
“Professional Services” refers to any consulting, training, or other professional services that Confluence Business Solutions offers to you in accordance with the stipulations of a Subscription Agreement.
“Sensitive Data” encompasses (a) identifiable information such as social security numbers, passport numbers, driver’s license numbers or similar identifiers; (b) financial credentials like credit or debit card numbers (excluding the last four digits), banking account details; (c) personal demographics and characteristics like racial, ethnic, political or religious affiliation, trade union membership, sexual life or orientation; (d) account passwords, mother’s maiden name, date of birth; (e) criminal history; or (f) any other details classified as “special categories of data” under the General Data Protection Regulation (GDPR) or corresponding laws related to data protection and privacy.
“Subscription” delineates your privilege to use the services and professional services provided by Automation on a Mission, to which you have subscribed or that we might make available to you.
“Subscription Agreement” embodies these Terms along with any online or written subscription order form or contract for the Automation on a Mission Service or for Professional Services acknowledged by You, either during an online subscription process or separately submitted to Confluence Business Solutions, plus any prospective purchase order, contract, or order form referring to these Terms.
“Subscription Term” refers to the duration of use for the Automation on a Mission Service, as defined by your Subscription Agreement, and any subsequent extensions of such term.
“Third Party Services” are those services, products, content, or other Professional Services made available by a partner of Confluence Business Solutions or any third party in association with the Automation on a Mission Service, Confluence Business Solutions website or via a third-party website link.
“Your Data” constitutes the collection of registration data and other information connected to Your Authorized Users, plus data related to your customers, contacts, business affairs, marketing initiatives, and finances, as well as any comparable data submitted by You, the data subjects, or by Authorized Users to the Automation on a Mission Service.
Establishing Your Account: To subscribe or utilize Automation on a Mission and our other products and services, you must be at least 18 years old. As part of using our services, you’ll need to create an account, ensuring that all provided account information is accurate and promptly updated if changes occur. Setting up an account implies consent to receive electronic communications from us, including updates, newsletters, and marketing messages. You can opt out of marketing communications at any time by indicating “stop” or “unsubscribe. Any activity under your account is your responsibility, including its security. Notify us immediately if you suspect any unauthorized use or breach of your account.
Usage Rules and Responsibilities: By adhering to these Terms, we grant you a non-exclusive, non-transferable right allowing your Authorized Users to access and use our service during your subscription period. This includes conducting automated marketing, contact management, lead tracking, and similar functions. You are not permitted to commercially exploit our service, modify it, or cause unnecessary strain on our network. You must abide by usage restrictions defined in your Subscription Agreement and comply with our Acceptable Use Policy. Lastly, you are responsible for ensuring all Authorized Users follow these rules. Active participation is needed to reap the full benefits of our services, and additional resources may be required depending on your expertise and time availability.
Information Not Advice: We may offer marketing insights, coaching, templates, and best practice tips regarding legal and financial topics. These should not replace professional legal or financial advice and are not a guarantee of results. Despite monitoring the content you provide and your service usage, we neither guarantee compliance with these Terms nor take responsibility for compliance with laws or obligations, which remain your responsibility.
Technical Support: Throughout your Subscription Term, you’ll have complimentary access to the knowledge bases, self-help tools, private Automation on a Mission member community, and other technical support resources related to our service. These are included in your membership.
Intellectual Property Ownership: The subscription provides you access and use rights to our service, but no ownership rights. All proprietary rights in our service, materials, website, and application, along with any updates or changes, remain with us. You acquire no interest outside of the limited access and use rights granted by these Terms. Also, you’re not entitled to a copy of the supporting software for our service, which we may update from time to time at our discretion.
Our intellectual property extends to our user interface display, layout, color scheme, pre-built workflows, and email messages. These should not be used beyond the intended scope of our service taken or shared with others without permission. Any use or replication of our intellectual property with the intent to compete with our services is strictly prohibited.
Lastly, you agree that we can freely use any suggestions, requests, feedback, or recommendations you or your Authorized Users provide, without compensation. This information is not confidential and becomes our property. It will not be considered your Confidential Information.
Trial Offers: Free or discounted trials are offered from time to time and are not a guarantee. Should we offer you a trial period, the details will be outlined in the relevant promotional materials or at registration. A credit card is required at the time of registration and prior to the termination of Your trial, you must either terminate your subscription, or your next payment will be processed. We maintain the right to alter or terminate trial offers anytime without prior notice. Fees may apply upon your trial’s conclusion or if you exceed the trial’s terms.
Professional Services: You may purchase Professional services from Confluence Businesses Solutions that may be used within the scope of Automation on a Mission, and its use. Fees are charged separately from your Subscription Fee for Professional Services. If recurring, these services are part of your Subscription and renew accordingly. All services are executed remotely unless we agree otherwise.
For services with a set number of hours, these will expire within one calendar year from the date of purchase. Any deliverables included will aim to be completed within the indicated timeframe (the “Delivery Period”). Incompletion of the Professional Services by the Delivery Period’s end due to your unavailability or non-compliance will render the services deemed complete. If the delay is on our part, the Delivery Period will be extended. Note that we may involve contractors in the completion of these services. The Professional Services are non-cancellable and non-refundable.
Service Modifications: Confluence Business Solutions reserves the right to modify, add, discontinue, or retire any part or all our service at any time. We’ll attempt to notify you by email and posting via social media when possible. If you oppose such changes, your only option is to terminate the service. If we discontinue a service you’re using, we’ll strive to give you prior notice and a chance to cancel your account.
Interruption of Services: Besides the cases of non-payment outlined in Section 4.4, we reserve the right to pause our services if: you breach (or give us reason to suspect a breach of our Acceptable Use Policy or E-mail Policy; or if your traffic or usage appears fraudulent or negatively affects the Services of Automation on a Mission or we deem it unlawful; or you undergo significant business changes such as liquidation, control changes, bankruptcy, or similar scenarios. We’ll try to inform you beforehand, help rectify potential issues, and limit the scope of service suspension, as much as circumstances permit.
Ownership of Your Goods & Services: You retain all responsibilities for your offerings, including products, services, promotions, and campaigns, along with associated injuries, claims, damages, liabilities, and costs. You’re required to ensure that your offerings comply with laws and are safe, professional, and backed by reliable records. You’re obligated to uphold all your commitments, support users of your offerings, and provide necessary contact information for user concerns or complaints. You’ll bear all costs of delivering your offerings, including any associated fees such as shipping or taxes. Make sure you have all necessary licenses or permissions to provide your offerings.
Data Ownership & Usage: Your Data is Yours. The data you provide remains your property. However, You give us permission to handle your data for service operation, in accordance with our agreement, while you use our services. We reserve the right to monitor usage trends, and may share non-identifiable usage data. This permission remains even after you stop using our services. You are responsible for your data’s accuracy and reliability. Confluence is not accountable for any modification, deletion, or failure to store any of your data.
Sensitive Data: Please be aware that our platform is not designed for managing sensitive data. If you need to transmit such data via our services, it’s your responsibility to put appropriate protections in place. Confluence Business Solutions bears no responsibility for any sensitive data processed, stored or shared through our services. Importing or incorporating any sensitive data into contact lists or other uploaded content is discouraged.
Handling of HIPAA & Protections: If you’re a Covered Entity or Business Associate as defined by HIPAA and wish to include Personal Health Information (“PHI”) in your application, you must first accept submit your request in writing to [email protected] to discuss the options available, additional protections required and fees associated. You’re barred from processing PHI through our services unless an arrangement with Confluence Business Solutions has been made.
Non-Confidential Communications: Confluence Business Solutions doesn’t ensure confidentiality of your communications made using our services. While we generally follow industry-standard practices to secure data transmission, we can’t guarantee absolute security for data transmitted over the internet or public networks related to your use of our services.
Your Subscription: Your subscription begins the day you register for our Services and will automatically renew according to the schedule set at the time of purchase. To prevent renewal of Your subscription, you must provide a written request to [email protected] at least ten (10) days prior to your renewal.
You expressly acknowledge and agree that your subscription is continuous and until you provide notice of non-renewal or Confluence Business Solution stops providing the Services to you, consistent with these terms, Confluence Business Solutions is authorized to charge your payment method on file for your subscription.
Fees: The fees paid to Confluence Business Solutions for Automation on a Mission and any supplemental Professional Services (“Fees”) are listed on your receipt for purchase. Payment history can be found in your Automation on a Mission account. All Fees are due upfront, and are non-refundable.
At the point of renewal, the current pricing displayed on our website will apply unless you’ve been expressly promised otherwise. You are accountable for all fees owed to us under any Subscription Arrangement. Non-payment of any due Fees or amounts under associated accounts with Confluence Business Solutions or other payment processors is considered a breach of these Terms, granting us the right to either terminate your account or suspend your access to our services. Please ensure that your billing and contact information are accurate and regularly updated. If the Subscription Agreement specifies payment by credit card or if you voluntarily provide us with credit card details, you confirm your authority to use the provided credit card. You thereby authorize Confluence Business Solutions (or our chosen third-party payment processor) to store your payment data and charge the provided credit card for all due Fees plus any applicable taxes. You acknowledge that the billed amount may vary due to changes in subscription, promotional offers, applicable taxes, usage levels or other charges. Confluence Business Solutions maintains the right to validate credit/debit card payments before accepting your order and to keep using updated credit card account data from card brands when applicable. Late payments will incur a service charge of 1.5% per month or the maximum charge permitted by law, whichever is lower.
Taxes: You are obliged to cover all taxes associated with your usage and revenue generated within Automation on a Mission. If applicable and you qualify for sales or other tax exemptions, you agree to provide Confluence Business Solutions with the relevant exemption certificate upon request.
Non-Payment; Suspension Rights: Confluence Business Solutions reserves the right to terminate its Services if the billing or contact information you provide is false or fraudulent. If your subscription payment fails You will find your account may be paused. During this period, all access will be suspended and data will be unavailable. We also reserve the right, at our discretion, to immediately suspend or cancel your access to our Services or deny your right to open an account or order new or additional services in case of any due but unpaid payment for sixty (60) days or more under any Subscription Agreement or account associated with you, and you have failed to promptly remedy such payment failure. If Confluence Business Solutions suspends your Services, in full or in part, you continue to remain liable for all Fees during any suspension period. We may, at our sole discretion, choose to restore the Services during any period of delinquency, and such restoration should not be construed as a waiver of our right to; receive full payment for Fees due or; again suspend your Services at any time for non-payment of any unpaid charges. Once cancelled, you will not be able to recover any Service information until you bring your account current. If after 30-days no plan has been made to bring the account to current your data will be no longer be available to you. Your overdue account, account record, and overdue balance may be submitted to a third-party collection service. You agree that Confluence Business Solutions will not be liable to you or any third party for any suspension or cancellation of the Services resulting from your non-payment of Fees or from a dispute as to the management rights to your account. You may not create another account if your existing account is delinquent in payments or is otherwise not in good standing.
Standard Term: Unless a different term is specified in a signed Subscription Agreement between you and Confluence Business Solutions and Automation on a Mission, the Initial Term of your subscription to our Service begins on the date of registration. You’re obligated to pay the applicable fees until the subscription is terminated as outlined below in Termination Notification.
No Early Termination; No Refunds: The Subscription Term will conclude on the expiration date, and while you may cancel your subscription at any time there are no refunds for unused time. To prevent automatic renewal of your Subscription, you must provide notice of your intention to cancel as stated below in Termination Notification. All payments are non-refundable if you cease using our Services during your Term.
Termination Notification: To avoid automatic renewal of the Subscription Term for our Service, you must send an email to [email protected] no less than ten (10) days before your forthcoming billing date.
Cancellation: At our sole discretion, Confluence Business Solutions and Automation on a Mission reserves the right to terminate these Terms and dissolve your account(s) if you materially breach these Terms and neglect to rectify that breach within five (5) days following our written notice of that breach to you.
Consequences of Termination: At the point of Subscription Term termination, all outstanding Fees owed to Confluence Business Solutions and Automation on a Mission must be settled in full, regardless of whether they have been invoiced to you. Assuming we receive all such Fees, we will extend the availability of your Data for download for a period of thirty (30) days after the termination date. Beyond this thirty (30) day grace period, we bear no responsibility to preserve or supply your Data, and may erase your Data from our systems. Any provisions of these Terms that inherently extend beyond expiration or termination, including but not limited to obligations regarding confidentiality, protection of intellectual property, indemnification, and settlement of unpaid Fees and expenses, shall remain in effect post-termination.
Limited Warranty for Project Work: The services rendered by Confluence Business Solutions are guaranteed for 30 days from date of project completion. Services provided by Confluence Business solutions will be performed in a professional manner, in alighment with the professional standards for comparable services in the industry. For any material breach of this warranty timely reported by You, Your exclusive remedy shall be the re-performance of the deficient Professional Services, and if Confluence Business Solutions is unable to re-perform the deficient Professional Services as warranted, You shall be entitled to recover the portion of the Fees paid to Confluence Business Solutions for such deficient Professional Services, and such refund shall be Confluence Business Solutions entire liability.
By You: You agree that Your business shall comply with these Terms and with all applicable federal, state and local laws and regulations, as well as all incorporated policies, in connection with Your access to and use of Automation on a Mission. For Professional Services rendered Confluence Business Solutions, this warranty will be voided if You or an Authorized Representative makes changes or alterations to the work completed by Confluence Business Solutions for this project.
Not Responsible for Third Party Services: Confluence Business Solutions and Automation on a Mission Not Liable for Third-Party Services. We may facilitate access to certain Third-Party Services in conjunction with the services we provide or via our website. Use of these Third-Party Services may require you to accept separate terms of service between you and the third party, separate from these Terms. Confluence Business Solutions and Automation on a Mission does not make any warranty for, and will not be responsible for, such Third-Party Services, and you agree to address any complaints or issues relating to the Third-Party Services directly with the corresponding third-party provider, not with Confluence Business Solutions and Automation on a Mission. You understand that we are not liable for any Third-Party Services available on other websites accessed through links from our website or services. The presence of these links on our website is merely for your convenience and does not signify any endorsement, guarantee, warranty, or representation by us. Confluence Business Solutions and Automation on a Mission makes no warranties, either express or implied, regarding such Third-Party Services, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. Under no circumstances will Confluence Business Solutions and Automation on a Mission be liable for any direct, incidental, consequential, or cover damages arising out of your use of or inability to use Third-Party Services or any amount in excess of the amount paid by you for the product that gives rise to any claim.
Warranty Disclaimers: Excluding any party’s stated warranties and commitments under this agreement, and except as clearly outlined herein, the services, including any information or material contained or presented via the services, are made available to you on an “as is” and “as available” basis. Confluence Business Solutions and Automation on a Mission expressly disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the fullest extent allowed by law. Services offered during alpha, beta, and pre-release stages are provided “as is” and “as available” with no warranties whatsoever, and Confluence Business Solutions and Automation on a Mission shall not be liable for any damage or harm resulting from such offerings. You acknowledge that our services may not be designed, intended, or recommended as a means to store or transmit “Protected Health Information” (or ‘PHI’) as defined under the Health Insurance Portability and Accountability Act of 1996 and related or similar laws (collectively, “HIPAA”) in the United States. Except as otherwise agreed upon in a separate writing signed by Confluence Business Solutions and Automation on a Mission, we make no claim or warranty that our services or their use will comply with HIPAA or will make any party compliant with HIPAA, and are exempted from any liability for actions or omissions relating to HIPAA. If the previous disclaimer clashes with applicable law, the scope and duration of any applicable warranty will be the minimum allowed under such law.
Indemnification: You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Liability Limitations: Except for damages resulting from your failure to comply with Usage Rules and Responsibilities, neither party will be liable for any loss of revenue, goodwill, or indirect, special, incidental, punitive, or consequential damages, such as cover, data loss, or business loss, regardless of whether they’ve been advised of the possibility of such damages. This includes situations where Confluence Business Solutions and Automation on a Mission has been made aware of potential damages. Furthermore, Confluence Business Solutions and Automation on a Mission’s total liability under this agreement won’t exceed the amount you’ve paid to Confluence Business Solutions and Automation on a Mission in the six months preceding the alleged liability event. This applies regardless of whether such liability is based on contract, negligence, tort, strict liability, or any other theory of legal or equitable liability.
In jurisdictions where certain limitations on liability are not permitted, only lawful limitations will apply, and our liability will be limited to the greatest extent permitted by law. You acknowledge and agree that neither Confluence Business Solutions and Automation on a Mission nor its services are intended to provide legal, tax, or financial advice related to your use of the Confluence Business Solutions and Automation on a Mission services. We won’t be liable to you or any third party for any reliance on or use of any information contained in any Confluence Business Solutions and Automation on a Mission services or materials. Confluence Business Solutions and Automation on a Mission will not be liable, and will have no obligation to indemnify you, for sensitive, personal, or client data sent to Confluence Business Solutions and Automation on a Mission.
Informal Negotiations: To expedite the resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Arbitration Agreement: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. PLEASE BE AWARE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, Virginia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States, Virginia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Limitations:The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Preliminary Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning preliminary negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.