Effective Date: 12/10/2025
Company Name: Durica & Associates, LLC
Contact Email: [email protected]

1. Acceptance of Terms

By accessing or using our services, website, or any related platform (collectively, the “Services”), you agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and any additional agreements or policies referenced herein. If you do not agree, you must not access or use our Services.

2. Eligibility and Business Use

These Terms are intended for business clients (“Client,” “you,” or “your”) engaging with Durica & Associates, LLC (“Company,” “we,” “our,” or “us”) for professional or commercial purposes. By using our Services, you represent that you are authorized to act on behalf of a business entity and agree to these Terms.

3. Services Overview

[Your Company Name] provides marketing, automation, CRM, digital, and related consulting services through our proprietary systems, including integrations with third-party software (such as GoHighLevel, SMS providers, payment processors, and email marketing tools).

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. Account Registration and Responsibilities

To use certain features, you may need to create an account. You agree to:

Provide accurate, complete, and current information.

Maintain the confidentiality of your login credentials.

Accept responsibility for all activities under your account.

You must promptly notify us of any unauthorized use or security breach. We are not liable for losses resulting from your failure to secure your account credentials.

5. Use of Services

You agree to use our Services only for lawful business purposes. You may not:

Violate any applicable local, state, or federal laws.

Upload or transmit harmful, misleading, or infringing content.

Reverse-engineer or interfere with the functionality of the Services.

Misuse integrations, APIs, or automated communication features.

We may suspend or terminate access if you violate these Terms or applicable law.

6. Intellectual Property

All content, software, trademarks, service marks, and materials provided by the Company are our property or used under license. You are granted a limited, non-exclusive, non-transferable license to use our Services solely for your internal business purposes.

You may not reproduce, distribute, or create derivative works without our written consent.

7. Third-Party Services and Integrations

Our Services may integrate with or link to third-party platforms (e.g., CRM systems, SMS gateways, payment processors, etc.). You acknowledge that:

Such third parties operate independently of us.

We are not responsible for their actions, omissions, or data practices.

Your use of third-party services is subject to their own terms and privacy policies.

We disclaim all liability arising from third-party integrations or failures.

8. Confidentiality

Each party agrees to maintain the confidentiality of non-public information disclosed during the business relationship, including customer data, pricing, and trade secrets. Confidentiality obligations survive termination of this Agreement.

9. Limitation of Liability

To the maximum extent permitted by law, Durica & Associates, LLC shall not be liable for:

Any indirect, incidental, or consequential damages;

Lost profits, business interruption, or data loss;

Damages exceeding the amount paid by you for Services in the preceding three (3) months.

Some jurisdictions do not allow limitations on liability, so certain restrictions may not apply.

10. SMS and Text Messaging Terms

10.1 Program Description

Our SMS program provides text messages for appointment reminders, events, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our Services.

10.2 Opting Out

You can cancel the SMS service at any time by texting “STOP” to +1 330-648-4442. Upon sending “STOP,” you will receive a confirmation message. After confirmation, you will no longer receive SMS messages from us. To rejoin, sign up again or text “START.”

10.3 Help and Support

If you experience issues with the messaging program, reply with “HELP” or email us at [email protected].

10.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

10.5 Message and Data Rates

Message and data rates may apply for messages sent to or from us. Message frequency varies. For questions about your text or data plan, contact your wireless provider.

10.6 Recurring Messages Disclosure

By opting into our SMS program, you authorize us to send recurring text messages to the mobile number you provide. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services.

10.7 Prohibited Content

Messages will never contain:

Attempts at smishing, phishing, or social engineering;

Illegal or fraudulent content;

Content involving sex, hate, alcohol, firearms, or tobacco in violation of applicable laws.

10.8 SMS Opt-In Data Protection

Messaging opt-in data and consent information will not be shared with third parties, except as necessary for delivering SMS services (e.g., aggregators or providers). Mobile information will not be shared with affiliates or third parties for marketing purposes.

10.9 Privacy for SMS Services

For privacy inquiries related to our SMS program, please refer to our Privacy Policy: https://privacy.duricaassociates.com/privacy-policy

11. Data Privacy

Your privacy is important to us. Please review our Privacy Policy (https://privacy.duricaassociates.com/privacy-policy) to understand how we collect, use, and protect your personal data.

12. Indemnification

You agree to indemnify and hold harmless Durica & Associates, LLC, its affiliates, and employees from any claims, losses, or damages arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

13. Termination

We reserve the right to terminate or suspend your access to the Services at our discretion, without prior notice, for any violation of these Terms or applicable law. Upon termination, all licenses and rights granted to you shall immediately cease.

14. Dispute Resolution and Arbitration

Any dispute arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Each party shall bear its own costs and attorney’s fees.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

By using our Services, you waive the right to a jury trial or class action.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict-of-law principles.

16. Modifications

We may update these Terms periodically. The latest version will always be available on our website. Continued use of our Services after changes constitute acceptance of the updated Terms.

17. Contact Information

For questions or concerns about these Terms, please contact us at:
Email: [email protected]
Phone: +1 330-648-4442