Terms and Conditions of Launchpoint.ai
Effective Date: 08/1/26
1. AGREEMENT TO TERMS
These Terms and Conditions, together with the Service Agreement, constitute a legally binding agreement made between the Client identified in the Service Agreement and Launchpoint.ai (“Launchpoint”), concerning the Client’s access to and use of the https://www.launchpoint.ai website (the "Site"). Client agrees that by accessing the Site, Client has read, understood, and agreed to be bound by all of these Terms and Conditions. Launchpoint reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Launchpoint will post the updated Terms and Conditions on the Site. Client will be subject to, and deemed to be aware of and to have accepted, any revised Terms and Conditions if Client continues to use the Site after the date such revised Terms and Conditions are posted.
2. CLIENT ACCESS AND CLIENT DATA
Launchpoint hereby grants Client a non-exclusive, non-transferable right to access the Site and use the Services during the term, solely for use by Client’s authorized users in accordance with these Terms and Conditions. Such use is limited to Client's internal business use. Launchpoint shall provide to Client the necessary passwords and network links or connections to allow Client to access the Site. For security purposes, the total number of authorized users will not exceed five, except as expressly agreed to in writing by the Parties.
Launchpoint acknowledges that, as between Launchpoint and Client, Client owns all right, title, and interest, including all intellectual property rights, in and to Client’s data uploaded to the Site. Client hereby grants to Launchpoint a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and use and display the Client data solely to the extent necessary for Launchpoint to provide the Services to Client. Notwithstanding the foregoing, all knowledge, insights, and improvements that Launchpoint’s artificial intelligence model creates or adapts from learning about Client’s business and the Services provided to Client shall be the property of Launchpoint.
3. LAUNCHPOINT’S INTELLECTUAL PROPERTY RIGHTS
Client acknowledges that, as between Client and Launchpoint, Launchpoint owns all right, title, and interest, including all intellectual property rights, in and to Launchpoint’s intellectual property, which includes all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the "Content") and the trademarks, service marks and logos on the Site (the "Marks"), all of which are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions.
Client shall not use the Services or Site for any purposes beyond the scope of the access granted in these Terms and Conditions. Client shall not at any time, directly or indirectly, and shall not permit its authorized users to: (i) copy, modify, or create derivative works of the Services or Site, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Site; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; or (iv) remove any proprietary notices from the Services or Site.
4. CLIENT REPRESENTATIONS
By using the Site, Client represents and warrants that:
All registration information Client submits will be true, accurate, current, and complete;
Client will maintain the accuracy of such information and promptly update such registration information as necessary;
Client will comply with these Terms and Conditions;
Client will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
Client will not use the Site for any illegal or unauthorized purpose;
Client’s use of the Site will not violate any applicable law or regulation; and
Client has obtained from its prospective customers the consent required by applicable law to allow Launchpoint to contact those prospective customers on Client’s behalf.
If Client provides any information that is untrue, inaccurate, not current or incomplete, Launchpoint has the right to suspend or terminate Client’s account and prohibit any and all current or future use of the Site.
5. CLIENT REGISTRATION
Client must register with the Site in order to use it. Client is responsible for maintaining the security of its password for access to the Site and will be responsible for all use of Client’s account and password. Launchpoint reserves the right to remove, reclaim or change a username Client selects if Launchpoint determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. CONFIDENTIALITY
From time to time during the Term, either Client or Launchpoint (as the "Disclosing Party") may disclose or make available to the other (as the "Receiving Party") confidential information about its business affairs, products, services, intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, as well as the terms of this Agreement, whether orally or in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information").
Confidential Information does not include information that is: (a) publicly available through no breach of this Section by the Receiving Party; (b) lawfully obtained from a third party without restriction; (c) independently developed without use of the Disclosing Party’s Confidential Information; or (d) required to be disclosed by law.
The Receiving Party shall, for three years from receipt of such Confidential Information: (x) protect the confidentiality of the Confidential Information with at least the same degree of care it uses for its own confidential information, but not less than a commercially reasonable degree of care; (y) not use the Confidential Information for purposes beyond those authorized by this Agreement; and (z) not disclose such Confidential Information except to its representatives who need to know it to perform obligations hereunder.
If the Parties have signed a separate nondisclosure agreement, that document shall supersede this Section with respect to Confidential Information.
7. CANCELLATION
In the event Services are terminated by either Party, Client shall pay for all appointments and services scheduled through the effective date of termination.
8. PROHIBITED ACTIVITIES
Client may not access or use the Site for any purpose other than that for which Launchpoint makes the Site available. As a user of the Site, Client agrees not to:
Use any information obtained from the Site in order to harass, abuse or harm another person.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate or threaten any of Launchpoint’s employees or agents engaged in providing any portion of the Site to Client.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
Copy or adapt the Site’s software, including Flash, PHP, HTML, JavaScript or other code.
Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
Use the Site as part of any effort to compete with Launchpoint.
9. WARRANTIES AND WARRANTY DISCLAIMER
Launchpoint warrants that the Services (i) will be provided in compliance with applicable laws; and (ii) do not contain viruses or malicious code.
EXCEPT FOR THE FOREGOING WARRANTIES, THE SERVICES ARE PROVIDED "AS IS" AND LAUNCHPOINT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10. SUBMISSIONS
Any questions, comments, suggestions, ideas, feedback or other information regarding the Site (“Submissions”) provided by Client to Launchpoint shall become the sole property of Launchpoint. Launchpoint shall own all rights, including intellectual property rights, to such Submissions, and may use them for any lawful purpose without acknowledgment or compensation to Client.
11. PRIVACY POLICY
Please review Launchpoint’s Privacy Policy: https://launchpoint.ai/privacypolicy By using the Site, Client agrees to be bound by Launchpoint’s Privacy Policy, which is incorporated into these Terms and Conditions. Client acknowledges that the Site is hosted in the United States, and if Client accesses the Site from another region, Client consents to the transfer and processing of data in the United States.
12. TERMINATION BY LAUNCHPOINT
Launchpoint reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Site (including blocking IP addresses) to any person for any reason or no reason, including for breach of these Terms or applicable law.
If Launchpoint terminates Client’s account, Client is prohibited from creating a new account under Client’s name, a false identity, or another party’s name. Launchpoint reserves the right to pursue legal action in addition to termination.
13. MODIFICATIONS AND INTERRUPTIONS
Launchpoint reserves the right to modify, suspend, or discontinue the Site at any time without notice. Launchpoint is not liable for interruptions or downtime, and nothing herein obligates Launchpoint to maintain or support the Site.
14. GOVERNING LAW
These Terms and Conditions and Client’s use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
The Parties expressly disclaim the application of the United Nations Convention on the Sale of Goods.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the "Disputes") brought by either Client or Launchpoint, 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.
Binding ArbitrationAny Dispute arising out of or relating to the Agreement, or the breach thereof, 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. The place of arbitration shall be New York, New York. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorney fees.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and 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 sitting in New York, New York, and the Parties agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
Launchpoint reserves the right to correct errors, inaccuracies, or omissions (including pricing, descriptions, or availability) on the Site at any time without prior notice.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL LAUNCHPOINT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM CLIENT’S USE OF THE SITE, EVEN IF LAUNCHPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, LAUNCHPOINT’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO LAUNCHPOINT IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
18. INDEMNIFICATION
By Launchpoint: Launchpoint shall indemnify Client against claims that Launchpoint’s intellectual property infringes third-party rights, provided Client notifies Launchpoint promptly and cooperates in defense.
By Client: Client shall indemnify Launchpoint against claims arising from Client’s misuse of the Site, breach of these Terms, or violation of third-party rights. Launchpoint may assume exclusive defense of such claims at Client’s expense.
19. DATA SECURITY AND RESTRICTIONS ON USE
Launchpoint shall employ reasonable safeguards to protect Client data and represents compliance with GDPR, SOC 2, and other applicable data protection frameworks. Client data will be used solely for delivering Services, except as required by law.
20. DATA BACKUPS
While Launchpoint maintains routine backups, Client remains solely responsible for its own data. Launchpoint shall not be liable for data loss or corruption. Client may download its data at any time.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending emails, or submitting forms, Client consents to electronic communications. Electronic signatures, contracts, orders, and records are legally binding, and Client waives any right to require non-electronic records or signatures.
22. SMS/Text Messaging Terms
By providing your phone number and opting in on our forms, you consent to receive SMS text messages from LaunchPoint.ai.
Appointment-related texts: If you select the appointment checkbox, we may send reminders, confirmations, and scheduling updates.
Promotional texts: If you select the promotional checkbox, we may send occasional marketing and promotional offers.
Message frequency: Message frequency may vary.
Charges: Message & data rates may apply.
Opt-out: Text STOP to unsubscribe at any time.
Help: Text HELP for help or contact us at [email protected].
Consent not required: Consent to receive promotional SMS is not a condition of booking or receiving services.
23. FORCE MAJEURE
Neither Party shall be liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, government actions, strikes, or internet disruptions. Performance shall resume once the event concludes.
24. MISCELLANEOUS
These Terms, together with the Service Agreement and posted policies, constitute the entire agreement between Client and Launchpoint.
Failure to enforce any provision shall not be deemed a waiver. Invalid provisions shall not affect enforceability of remaining terms. No joint venture, partnership, employment, or agency relationship is created by this Agreement. Launchpoint may assign rights and obligations at any time.
25. CONTACT LAUNCHPOINT
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Launchpoint at:
[email protected]
631-219-7391
© 2025 Launchpoint.ai. All Rights Reserved.