GILNEX TERMS OF SERVICE

Last Updated: June 28, 2026 Effective Date: June 28, 2026

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE GILNEX PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

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1. PARTIES AND DEFINITIONS

1.1 "GILNEX," "we," "us," or "our" means GILNEX, LLC, a California limited liability company, principal place of business at 22647 Ventura Blvd, Suite 873, Woodland Hills, CA 91364.

1.2 "Platform" means the GILNEX Intelligent Growth System, including all software, AI automation tools, CRM, analytics, APIs, and services available at gilnex.com and associated subdomains.

1.3 "Client," "you," or "your" means the business entity or authorized representative subscribing to or accessing the Platform.

1.4 "Subscription Plan" means any of the recurring paid tiers described in Section 4.

1.5 "PHI" (Protected Health Information) has the meaning given under 45 C.F.R. § 160.103 (HIPAA).

1.6 "Business Day" means any day that is not a Saturday, Sunday, or U.S. federal public holiday.

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2. SERVICES

2.1 Description. GILNEX provides cloud-based Revenue Infrastructure and Business Automation for local service businesses in California. Services include: missed-call recovery automation; AI-powered customer communication; appointment booking; CRM and lead management; local SEO and AI visibility optimization; reputation management; email and SMS sequences; and analytics dashboards.

2.2 No Professional Advice. GILNEX is a marketing and automation technology platform. Nothing in our services constitutes legal, medical, financial, accounting, or other licensed professional advice. You remain solely responsible for compliance with laws governing your regulated industry.

2.3 NO REVENUE OR INCOME GUARANTEE. GILNEX EXPRESSLY DISCLAIMS ANY GUARANTEE OF SPECIFIC INCOME, REVENUE, LEADS, SALES, CONVERSIONS, OR FINANCIAL RESULTS. All projections and estimates within the Platform are labeled "Est." (Estimated) and are provided for informational purposes only. Actual results will vary based on factors outside GILNEX's control.

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3. ELIGIBILITY AND ACCOUNT

3.1 You must be at least 18 years of age, operate a legitimate U.S. business entity, and have authority to bind that entity to these Terms.

3.2 You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us at [email protected] of any unauthorized account access.

3.3 GILNEX is designed and licensed for business use only. Personal or consumer use is not authorized.

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4. SUBSCRIPTION PLANS, PRICING, AND BILLING

4.1 Plans.

| Plan | Monthly Fee | Users | Locations | |------|-------------|-------|-----------| | Smart Presence | $299/month | Up to 3 | 1 | | Growth Core | $499/month | Unlimited | Up to 3 | | GILNEX Smart App | $899/month | Unlimited | Up to 5 | | Revenue Infrastructure | Custom | Unlimited | Unlimited |

Features are detailed at gilnex.com/pricing and may be updated with 30 days' prior written notice.

4.2 CALIFORNIA AUTOMATIC RENEWAL DISCLOSURE (Cal. Bus. & Prof. Code §§ 17600–17606).

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH MONTHLY BILLING PERIOD AT THE THEN-CURRENT RATE FOR YOUR SELECTED PLAN ($299, $499, $899, OR CUSTOM PER MONTH) UNLESS YOU CANCEL AT LEAST THREE (3) CALENDAR DAYS BEFORE YOUR RENEWAL DATE.

HOW TO CANCEL: Log in to your account at gilnex.com/account/cancel, email [email protected], or call +1 310 598 2636 during business hours (Mon–Fri, 9 AM–6 PM Pacific).

4.3 48-Hour Order Review Right. GILNEX reserves the right to review and cancel any new order within 48 hours of placement for fraud prevention, capacity, or eligibility reasons. If GILNEX cancels your order during this window, you receive a full refund within 5 Business Days.

4.4 Price Changes. We may change subscription prices with 30 days' advance written notice to your registered email address. Continued use after the effective date constitutes acceptance.

4.5 Payment Processing. We use Stripe, Inc. for secure payment processing. By providing payment information, you authorize GILNEX to charge your selected subscription fee at the beginning of each billing period. All fees are in U.S. Dollars.

4.6 Failed Payments. If payment fails, we will retry up to three times over seven days. Accounts with unresolved failed payments may be suspended.

4.7 Taxes. You are responsible for all applicable taxes. GILNEX will collect and remit sales tax where required by law.

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5. IMPLEMENTATION CONFIDENCE GUARANTEE

5.1 Scope. GILNEX offers a 90-Day Implementation Confidence Guarantee from the date of initial service activation. This Guarantee applies exclusively to deliverables within GILNEX's direct control:

(a) Platform uptime of 99.9% or higher (excluding scheduled maintenance windows); (b) Missed-call text-back response time under 30 seconds from call disconnect; (c) Delivery of all agreed onboarding milestones within the specified timeline; (d) Proper configuration of all agreed integrations within 7 Business Days of activation.

5.2 Exclusions. The Guarantee does NOT cover outcomes dependent on external factors, including: lead quantity or quality; appointment conversions; revenue or sales results; Google or social media rankings; review volume; third-party platform changes; or outcomes resulting from your failure to provide required information or cooperation in good faith.

5.3 Claim Process. Email with your account ID, a written description of the unmet metric, and supporting documentation. GILNEX will review within 10 Business Days. If purchased systems are not fully deployed and operational within 90 days, GILNEX will issue a full refund for the affected package to your original payment method (not store credit).

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6. HIPAA COMPLIANCE (HEALTHCARE CLIENTS)

6.1 Business Associate Agreement Required. If your use of the Platform involves processing, storage, or transmission of Protected Health Information (PHI) on behalf of a Covered Entity as defined under HIPAA (45 C.F.R. § 160.103), you MUST execute a Business Associate Agreement (BAA) with GILNEX BEFORE transmitting any PHI. To request a BAA, contact [email protected].

6.2 Role. When a valid BAA is in place, GILNEX acts as a Business Associate under HIPAA and implements administrative, physical, and technical safeguards as required by the HIPAA Security Rule (45 C.F.R. Part 164, Subpart C).

6.3 No Unauthorized PHI. You may not transmit PHI to GILNEX without a signed BAA. Unauthorized PHI transmission constitutes material breach of these Terms and may result in immediate account termination.

6.4 California CMIA. For California-based healthcare clients, GILNEX also acknowledges obligations under the California Confidentiality of Medical Information Act (Cal. Civ. Code § 56 et seq.).

6.5 Breach Notification. In the event of a PHI breach, GILNEX will notify affected Covered Entities within 60 calendar days of discovery, per HIPAA's Breach Notification Rule (45 C.F.R. Part 164, Subpart D).

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7. ACCEPTABLE USE

7.1 You agree not to use the Platform to:

(a) Transmit spam or unsolicited commercial communications in violation of CAN-SPAM, TCPA, or applicable state law; (b) Process PHI without a signed BAA; (c) Infringe any third party's intellectual property rights; (d) Engage in deceptive, misleading, or fraudulent practices; (e) Introduce malicious code or attempt to gain unauthorized access; (f) Use the Platform to develop competing products or services.

7.2 TCPA Compliance. If you use GILNEX SMS or calling features, you are solely responsible for maintaining prior express written consent records as required by the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable state telemarketing laws.

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8. INTELLECTUAL PROPERTY

8.1 The Platform, all software, AI models, content, and trademarks are owned by GILNEX, LLC and protected by U.S. and international law.

8.2 License. GILNEX grants you a limited, non-exclusive, non-transferable, revocable license to access the Platform solely for your internal business purposes during your active subscription.

8.3 Client Content. You retain ownership of all data you provide. You grant GILNEX a non-exclusive, royalty-free license to use your data solely to provide and improve the Platform.

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9. DATA SECURITY

GILNEX implements industry-standard security measures including TLS 1.2+ (in transit), AES-256 encryption (at rest), role-based access controls, and audit logging. Specific technical safeguards are detailed in our Security Policy at gilnex.com/security.

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10. LIMITATION OF LIABILITY

10.1 CAP. GILNEX'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO GILNEX IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.2 EXCLUSIONS. IN NO EVENT SHALL GILNEX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY.

10.3 Some jurisdictions do not allow exclusion of implied warranties or limitation of consequential damages. In those jurisdictions, our liability is limited to the fullest extent permitted by law.

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11. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. GILNEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

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12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GILNEX, LLC and its officers, directors, employees, and agents from all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms or applicable law; (c) your Client Content; or (d) your infringement of any third party's rights.

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13. TERMINATION

13.1 By You. You may cancel your subscription at any time. Access continues through the end of the paid billing period. No partial-month refunds are issued upon voluntary cancellation, except as provided in Section 14.

13.2 By GILNEX. GILNEX may suspend or terminate your account immediately for material breach, non-payment, fraud, or violation of applicable law; or with 30 days' notice for any other reason.

13.3 Data. You may request export of your Client Content within 30 days of termination. After 30 days, GILNEX may permanently delete Client Content.

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14. REFUND POLICY

14.1 Subscriptions. Subscription fees are non-refundable, except:

(a) 48-Hour New Subscription. If you cancel within 48 hours of first activation and before accessing paid features, email [email protected] for a full refund.

(b) Guarantee Claim. As described in Section 5.

(c) Extended Outage. If GILNEX experiences a verified outage affecting core features for more than 72 consecutive hours, affected clients may request a pro-rated credit or refund for the affected period.

14.2 Website Design Services. Following written approval of final deliverables, no refunds are available for completed website design work.

14.3 Processing Time. Approved refunds are processed within 10 Business Days to the original payment method.

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15. DISPUTE RESOLUTION

15.1 Informal Resolution. Before filing any formal claim, both parties agree to attempt good-faith informal resolution for 30 days by notifying in writing.

15.2 Binding Arbitration. Unresolved disputes shall be submitted to binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, conducted in Los Angeles County, California. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

15.3 CLASS ACTION WAIVER. YOU AND GILNEX AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION IS VOID.

15.4 Exceptions. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent immediate harm to intellectual property or confidential information.

15.5 Small Claims. Either party may pursue eligible claims in small claims court in lieu of arbitration.

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16. GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. For any dispute not subject to arbitration, you consent to the exclusive personal jurisdiction of the state and federal courts of Los Angeles County, California.

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17. GENERAL PROVISIONS

17.1 Entire Agreement. These Terms, together with our Privacy Policy, Refund Policy, Cookie Policy, and any applicable Statement of Work, constitute the entire agreement between you and GILNEX.

17.2 Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions remain in effect.

17.3 No Waiver. Failure to enforce any provision does not waive future enforcement rights.

17.4 Assignment. You may not assign these Terms without GILNEX's prior written consent. GILNEX may assign these Terms in connection with a merger, acquisition, or asset sale.

17.5 Force Majeure. Neither party is liable for delays caused by circumstances beyond their reasonable control, including natural disasters, government actions, internet failures, or third-party platform outages.

17.6 Updates. We may update these Terms at any time. For material changes, we will provide 30 days' written notice. Continued use after the notice period constitutes acceptance.

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18. CONTACT

| Purpose | Contact | |---------|---------| | General | [email protected] | | Billing / Cancellation | [email protected] | | Privacy / HIPAA / BAA | [email protected] | | Guarantee Claims | | | Legal / Disputes | | | Security | [email protected] | | Phone | +1 310 598 2636 | | Address | 22647 Ventura Blvd, Suite 873, Woodland Hills, CA 91364 |

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