Terms of Service
These Terms of Service (the "Terms") are a binding agreement between you ("you," "your," "Client," or "User") and CAPOR, LLC, doing business as Ask8.com ("Ask8," "we," "us," or "our"), located at 100 Jericho Quadrangle, Suite 235, Jericho, NY 11753.
These Terms govern your access to and use of the website located at ask8.com and any related sites we operate, as well as your purchase or use of any of our courses, digital products, AI tools, free tools, marketing services, consulting, software platforms, or any other product or service we offer (collectively, the "Offerings").
1. Definitions
- "Services" means done-for-you and consulting work we provide, including but not limited to digital marketing, advertising management, website and funnel design, search engine optimization, Google Business Profile optimization, social media management, reputation management, automation setup, and related consulting.
- "Software" or "Platform" means any subscription-based software we provide or resell, including My Market Tools (our white-labeled version of the GoHighLevel platform) and any other tools provided on a recurring basis.
- "Digital Products" means courses, downloadable files, templates, and other access-based educational content.
- "Free Tools" means no-cost utilities offered on the site.
- "AI Tools" means features or products that rely on third-party artificial intelligence or large language model technology.
- "Subscription" means any Offering billed on a recurring (monthly, annual, or other periodic) basis.
- "Order" means a checkout, signed proposal, statement of work, invoice, or written agreement describing the specific Offerings you are purchasing.
2. Eligibility
By using the site or any Offering, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement in your jurisdiction. If you use the site on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms, and "you" includes that entity.
You agree to use the site and all Offerings only for lawful purposes and in compliance with all applicable laws and regulations.
3. Accounts and Security
Some Offerings require you to create an account or receive login credentials.
- You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
- You agree to provide accurate and current information and to keep it updated.
- Sharing, transferring, or reselling your account or credentials is not permitted unless we expressly authorize it in writing.
- We may suspend or terminate accounts that show signs of misuse, fraud, abuse, or unauthorized sharing.
4. Overview of Our Offerings
Ask8 operates across four general categories. The sections below apply to whichever Offerings you actually purchase or use:
- Education - courses and digital products.
- Tools - free tools and AI tools.
- Services - done-for-you marketing, advertising, and consulting.
- Software - subscription platforms such as My Market Tools.
Where a specific Order, proposal, or statement of work conflicts with these Terms, the specific document controls for that engagement, but all other provisions of these Terms still apply.
5. Digital Products and Courses
All educational products are digital, including online courses, downloadable materials, and access-based content.
- Courses are provided as-is at the time of purchase.
- Some content may become outdated over time due to changes in technology, platforms, or best practices. We make reasonable efforts to keep content usable, but we do not guarantee that all information will always be current.
- When you purchase a course or digital product, you receive a limited, non-transferable, non-exclusive license to access the content for your personal or internal business use only.
- You may not share login credentials, copy, redistribute, resell, or create derivative works from purchased content without our written permission.
- If you believe any content is incorrect or misleading, you may contact us to report it.
6. Free Tools
Free tools are offered strictly on an as-is basis.
- Free tools do not store your data. Any information you enter is processed once and is not saved.
- Free tools are intended for one-time use per interaction.
- We do not guarantee the availability, accuracy, or uninterrupted operation of free tools.
7. AI and GPT-Based Tools
Some Offerings rely on third-party artificial intelligence technology, including GPT-based systems.
- Certain AI tools may require an active third-party account (for example, a ChatGPT account).
- We are not responsible for the availability, performance, pricing, or changes of any third-party AI platform required to access these features.
- Functionality may vary based on your third-party plan, account limits, or platform changes.
- AI-generated output may contain errors, omissions, or inaccuracies. You are responsible for reviewing and verifying any AI output before relying on it or publishing it.
8. Marketing and Consulting Services
This section applies when you engage us for done-for-you Services or consulting.
Scope of Work. The specific Services, deliverables, timelines, and fees are defined in your Order, proposal, or statement of work. Anything not expressly listed is outside the scope of that engagement.
Change Requests. Work requested beyond the agreed scope may require a separate Order and additional fees. We will communicate this before performing out-of-scope work whenever reasonably possible.
Deliverables and Approvals. Where Services require your input, content, credentials, or approval, project timelines depend on you providing those promptly. Delays caused by missing materials, slow approvals, or non-payment are not our responsibility and may extend timelines.
Client Responsibilities. You agree to:
- Provide accurate information and timely access to accounts, platforms, and assets we need.
- Review and approve deliverables within a reasonable time.
- Ensure that any content, products, claims, or offers you ask us to promote are accurate, legal, and compliant with applicable laws and platform policies.
- Maintain your own backups of materials and accounts.
Ownership of Deliverables. Unless your Order states otherwise, final deliverables created specifically for you (such as completed ad creative, finished website pages, or written copy delivered to you) become yours upon full payment. We retain ownership of our underlying tools, templates, systems, processes, frameworks, and pre-existing materials, and we may reuse general knowledge, methods, and non-client-specific work product.
9. Advertising Services and Third-Party Ad Platforms
This section applies when we manage paid advertising on your behalf (for example, Google Ads, Meta Ads, or Google Local Service Ads).
- Ad spend is separate from our fees. Unless stated otherwise in your Order, advertising budgets are paid by you directly to the ad platform or are billed to you in addition to our management fee.
- We do not control third-party platforms. Account approvals, ad disapprovals, account suspensions, policy changes, pricing, algorithm changes, and platform downtime are controlled by the platforms, not by us.
- No guarantee of results. Advertising performance depends on many factors outside our control, including your market, offer, budget, pricing, competition, and platform behavior. We do not guarantee leads, sales, rankings, impressions, clicks, conversions, cost per result, or return on ad spend.
- Compliance. You are responsible for the legality and accuracy of the products, services, claims, and offers you advertise. We may decline to run, or may pause, any campaign we reasonably believe violates a platform policy or applicable law.
10. My Market Tools and Software Platform (Subscriptions)
This section applies when you subscribe to My Market Tools or any other Software or Platform we provide or resell.
License. We grant you a limited, non-exclusive, non-transferable right to access and use the Platform during your active Subscription, solely for your internal business use and subject to these Terms.
Third-Party Underlying Technology. My Market Tools is built on and powered by third-party software (including the GoHighLevel platform). Your use is also subject to the underlying provider's terms and policies. We are not responsible for the underlying provider's availability, performance, changes, outages, or discontinuation.
Availability. We aim to provide reliable access but do not guarantee uninterrupted, error-free, or always-available service. The Platform is provided on an as-available basis, and access may be affected by maintenance, third-party outages, or events outside our control.
Sub-Accounts and Your Customers. If you use the Platform to serve your own customers, you are solely responsible for your customers, your use of the Platform with them, the content you send, and your compliance with all applicable laws, including communications and privacy laws.
Data. You are responsible for the data and content you load into the Platform and for maintaining your own backups. Upon cancellation or termination, your access ends and your data may become inaccessible or be deleted after any grace period. Export your data before your Subscription ends.
Suspension. We may suspend or restrict Platform access for non-payment, suspected abuse or fraud, security risks, violation of these Terms, or as required by the underlying provider or applicable law.
11. Reputation Management Services
This section applies when we provide reputation or review-management Services (for example, through our white-labeled tools).
- Any private-feedback or service-recovery feature is provided as a customer service tool to help you respond to and improve customer experiences. It is not intended to filter, suppress, gate, or selectively withhold negative reviews from public platforms.
- You agree to use these features in compliance with all applicable laws and platform policies, including U.S. Federal Trade Commission rules and the policies of Google and other review platforms, which prohibit review gating and the suppression of honest reviews.
- You are solely responsible for how you use these features and for your compliance. We are not responsible for penalties, removals, or actions taken by any review platform or regulator resulting from your use.
12. Communications Consent (Email, SMS, and Phone)
This section is important. Please read it carefully.
Communications from us to you. By providing your contact information, you consent to receive communications from us related to your account, purchases, and Offerings, including transactional and service messages by email, phone, and text. You may opt out of marketing messages at any time using the unsubscribe link or by replying STOP to text messages. Message and data rates may apply.
Communications you send using our Platform. If you use My Market Tools or any Platform feature to send email, SMS, or phone communications to your own contacts:
- You are solely responsible for obtaining all legally required consents from your recipients before contacting them.
- You agree to comply with all applicable laws and regulations governing electronic communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, carrier requirements for application-to-person messaging (A2P 10DLC registration), and any applicable state or local laws.
- You agree to honor opt-out and do-not-contact requests promptly.
- You are responsible for the accuracy and legality of the content you send.
You agree to indemnify and hold us harmless from any claims, fines, penalties, or damages arising from communications you send using our Platform or Services. We may suspend messaging features that we reasonably believe are being used unlawfully.
13. Payments, Billing, and Subscriptions
Fees. Prices for Offerings are stated at the point of purchase or in your Order. You agree to pay all fees associated with your purchase.
Subscriptions and Auto-Renewal. Subscriptions automatically renew at the end of each billing period (monthly, annual, or as stated) at the then-current rate, and your payment method is automatically charged, until you cancel as described in Section 15. By purchasing a Subscription, you authorize these recurring charges.
Price Changes. We may change Subscription or Service pricing. For recurring Offerings, we will provide reasonable advance notice, and changes take effect at your next billing cycle. Continued use after a price change constitutes acceptance.
Taxes. You are responsible for any applicable taxes, unless we are required to collect them.
Payment Processing. Payments are processed by third-party processors. You agree to their terms. We do not store full payment card details.
14. Late Payments, Failed Payments, and Chargebacks
- If a recurring payment fails, we may retry the charge, suspend the related Offering, and restrict access until payment is resolved.
- Outstanding balances may be subject to a late fee and reasonable collection costs to the extent permitted by law.
- Suspending or losing access for non-payment does not relieve you of fees already owed.
- If you initiate a chargeback or payment dispute for a charge you actually authorized, we may suspend or terminate all Offerings, pursue the amount owed plus costs, and treat the dispute as a breach of these Terms. If you believe you were billed in error, contact us first so we can resolve it directly.
15. Cancellation and Termination
Cancellation by You.
- Subscriptions and Software can be cancelled before your next billing date to stop future renewals. Cancellation stops future charges; it does not retroactively refund the current period, and you retain access through the end of the paid period unless stated otherwise.
- Ongoing Services and retainers may require advance written notice as stated in your Order. If no notice period is stated, you agree to provide at least 30 days' written notice to info@ask8.com.
Termination by Us. We may suspend or terminate your access to any Offering, with or without notice, for:
- Violation of these Terms or any Order.
- Non-payment, fraud, chargeback abuse, or misuse of tools, content, or the Platform.
- Unauthorized sharing or redistribution of materials.
- Conduct that is abusive, unlawful, or that exposes us or third parties to risk or liability.
No refunds will be issued for terminations resulting from your violation of these Terms.
Effect of Termination. Upon termination, your licenses and access end. Sections of these Terms that by their nature should survive (including intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
16. Refunds
Refund eligibility depends on the Offering and is governed by our Refund/Return Policy, which is incorporated into these Terms by reference. In general:
- Digital products and courses are delivered immediately and may be non-refundable once accessed, except where required by law.
- Services already performed and completed deliverables are non-refundable.
- Subscription fees already charged for the current period are non-refundable, but you can cancel to stop future renewals.
- Ad spend paid to third-party platforms is not refundable by us.
Where applicable consumer protection law requires a refund right, that law controls.
17. No Guarantee of Results
All Offerings, including educational content, tools, Services, and Software, are provided for informational and operational purposes only.
- We do not guarantee any specific outcome, earnings, leads, sales, rankings, traffic, conversions, or results.
- Your results depend on many factors beyond our control, including your effort, skills, market, offer, budget, timing, and external conditions.
- Any examples, case studies, or testimonials are illustrative and are not promises of similar results.
18. Acceptable Use
You agree not to:
- Use any Offering for unlawful, deceptive, fraudulent, or harmful purposes.
- Send spam or unsolicited communications, or violate communications or privacy laws.
- Reverse engineer, scrape, overload, or interfere with the site, tools, or Platform.
- Resell, redistribute, or sublicense any Offering except as expressly permitted.
- Upload malware or attempt unauthorized access to any system or account.
- Infringe the intellectual property or rights of others.
We may remove content or suspend access for violations.
19. Intellectual Property
All content and materials we provide, including the site, videos, text, graphics, logos, tools, templates, frameworks, course materials, software, and processes, are owned by us or licensed to us and are protected by intellectual property laws.
- You may not copy, reproduce, redistribute, resell, publicly display, or create derivative works from our materials without our written permission, except for the limited rights expressly granted in these Terms or your Order.
- The "Ask8," "My Market Tools," and related names, logos, and brand elements are our property and may not be used without written permission.
- Unauthorized use may result in account termination and legal action.
20. Client Content and License to Us
You retain ownership of the content, materials, and data you provide to us ("Client Content").
- You grant us a non-exclusive, royalty-free license to use, reproduce, modify, and display Client Content solely as needed to provide the Offerings.
- You represent that you have all rights necessary to provide the Client Content and that it does not infringe any third-party rights or violate any law.
- Unless you opt out in writing, you grant us permission to reference your business name, logo, and non-confidential results as a portfolio item or testimonial. You may revoke this permission for future use by emailing us.
21. Third-Party Services, Tools, and Affiliate Disclosures
Our Offerings may include, integrate with, or recommend third-party platforms, software, and services.
- We are not responsible for third-party content, availability, performance, pricing, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
- Some of the tools and services we recommend or resell are provided under affiliate, reseller, or white-label arrangements, and we may receive compensation. This does not increase your cost, and we only recommend tools we believe provide value.
- If a third-party platform changes or discontinues a feature that affects an Offering, we are not liable for that change.
22. Confidentiality
Each party may receive confidential information from the other in connection with the Offerings. Each party agrees to protect the other's confidential information and to use it only as needed to fulfill these Terms or an Order, except as required by law. This does not apply to information that is public, independently developed, or rightfully received from another source.
23. Copyright Complaints (DMCA)
We respect intellectual property rights. If you believe content on our site infringes your copyright, send a written notice to info@ask8.com that includes: identification of the work, identification of the allegedly infringing material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, a statement that your notice is accurate, and your physical or electronic signature. We may remove infringing material and terminate repeat infringers.
24. Disclaimers
To the fullest extent permitted by law, all Offerings, the site, tools, and Platform are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted operation.
We do not warrant that the site or any Offering will be error-free, secure, uninterrupted, or free of harmful components, or that any result or expectation will be met.
25. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business interruption, or anticipated savings, arising out of or related to the site or any Offering, even if we were advised of the possibility.
- Our total aggregate liability for any and all claims arising out of or related to these Terms or any Offering will not exceed the amount you paid to us for the specific Offering giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you. In that case, our liability is limited to the maximum extent permitted by law.
26. Indemnification
You agree to indemnify, defend, and hold harmless CAPOR, LLC (DBA Ask8.com), its owners, members, employees, contractors, and affiliates from any claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the site or any Offering.
- Your violation of these Terms or any law.
- Content, products, claims, or offers you provide or ask us to promote.
- Communications you send using our Platform or Services.
- Your infringement of any third-party right.
27. Security Incidents
While we take reasonable measures to protect our website, systems, and information, no method of transmission or storage is completely secure. By using the site and Offerings, you acknowledge that security breaches, cyber attacks, unauthorized access, data leaks, or system compromises may occur despite reasonable efforts.
- We are not responsible for damages or losses arising from hacking, malware, denial-of-service attacks, or other malicious activity beyond our reasonable control.
- We do not guarantee that the site or Platform will be free from vulnerabilities or unauthorized access.
- In the event of a data breach affecting information under our control, we will take reasonable steps to investigate and mitigate where feasible and provide any notices required by law.
- We are not liable for indirect, incidental, consequential, or special damages resulting from security incidents, including loss of data, revenue, reputation, or business interruption.
28. Independent Contractor; No Partnership
We provide Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and us. Neither party may bind the other or make representations on the other's behalf.
29. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, pandemics, power or internet failures, third-party platform outages, or vendor failures.
30. Dispute Resolution and Governing Law
Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles.
Informal Resolution. Before filing any claim, you agree to first contact us at info@ask8.com and attempt in good faith to resolve the dispute informally for at least 30 days.
Arbitration. Except for claims that qualify for small claims court and except for claims seeking injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or any Offering that is not resolved informally will be resolved by binding arbitration administered in or near Nassau County, New York, in accordance with the rules of a recognized arbitration provider. Judgment on the award may be entered in any court of competent jurisdiction.
Venue for Non-Arbitrable Claims. For any claim not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Nassau County, New York.
Class Action Waiver. To the fullest extent permitted by law, disputes will be resolved on an individual basis, and you waive any right to participate in a class, collective, or representative action.
Time Limit. Any claim must be brought within one (1) year after it arises, to the extent permitted by law.
31. Changes to These Terms
We may modify these Terms at any time. Changes take effect when posted on this page, and we will update the "Last Updated" date. For material changes affecting active Subscriptions or Services, we will make reasonable efforts to provide notice. Your continued use after changes are posted constitutes acceptance.
32. General
- Entire Agreement. These Terms, together with your applicable Order and any policies referenced here (including our Privacy Policy and Refund/Return Policy), are the entire agreement between you and us regarding the Offerings.
- Severability. If any provision is found unenforceable, the rest remain in effect, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.
- Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices. Notices to us should be sent to info@ask8.com. Notices to you may be sent to the email associated with your account.
- Headings. Section headings are for convenience only and do not affect interpretation.
33. Contact
If you have any questions about these Terms, contact us:
CAPOR, LLC (DBA Ask8.com)
100 Jericho Quadrangle, Suite 235
Jericho, NY 11753
Email: info@ask8.com
Phone: (516) 666-7396
These Terms were last updated on the date stated above. Please review them periodically.
