I. General Provisions

§ 1 General

The following Terms and Conditions (T&Cs) apply exclusively to the business relationship between Driven Solutions AB (hereinafter “Provider”) and the customer (hereinafter “Customer”) in the version valid at the time of the order. These T&Cs also apply as a framework agreement for future contracts regarding services with the same Customer of the Provider, without the need for the Provider to refer to them again in each individual case. The Provider will promptly inform the Customer of any amendments to the T&Cs in this case.

The primary object of the Provider’s offering is the paid and time-limited provision of access to the PublishElite software platform as a cloud-based solution (hereinafter “Software”), built on the GoHighLevel infrastructure and specifically tailored to the needs of self-publishers. The platform provides functions such as lead magnet pages, ARC list management, and email automation, accessible via the internet. Consulting services and other individual services may be arranged separately upon request.

Beta Phase and Right to Revoke Access: During the beta phase, the Provider reserves the right to revoke access to the Software at any time and without specific reason, particularly if a decision is made to discontinue the product. Customers will be informed in advance of any changes to access or availability.

These T&Cs are directed exclusively at businesses; therefore, they do not apply to contracts with consumers. Any differing provisions from the Customer are only valid if the Provider has agreed to them in writing. Individual agreements with the Customer (including side agreements, supplements, and amendments) always take precedence over these T&Cs.

Legally significant declarations and notices submitted by the Customer to the Provider after the contract has been concluded (e.g., deadlines, reminders, declarations of withdrawal) must be made in text form to be effective.

The Provider reserves the right to amend these T&Cs at any time. In such cases, the Provider will inform the Customer in text form. The Customer has a two-week objection period following notification of the amendment. If no objection is raised within this period, the change is considered accepted.

II. Provision of Access to the Software PublishElite

§ 2 Subject of the Contract

The Provider, Driven Solutions AB, acts as a sublicensee of HighLevel Inc., 400 North Saint Paul St. Suite 920 Dallas, Texas 75201, USA (hereinafter “HighLevel Inc.”), under the Terms of Service of HighLevel Inc. (available at: https://www.gohighlevel.com/terms-of-service). The Software is operated on servers owned by HighLevel Inc. and/or a third-party service provider engaged by HighLevel Inc., and the storage space provided for the Customer is hosted on these servers. In using the Software, the Customer is bound by both the Terms of Service of HighLevel Inc. and these Terms and Conditions and is only authorized to use the Software in accordance with these terms. The Terms of Service of HighLevel Inc. are an integral part of these Terms, though the Customer cannot derive any rights directly from HighLevel Inc. The Provider remains the sole contractual partner for the Customer in the context of the sublicensing agreement for the Software.

Beta Access for Founding Members: During the beta phase, founding members with an active community membership can request free access to PublishElite’s core features by filling out a form, accessible via a link provided in the onboarding videos. This beta access allows founding members to test and use the platform’s functions, offer feedback, and contribute to future improvements of the platform.

§ 3 Conclusion of Contract

The information and presentations on the Provider’s website at [insert URL here] (hereinafter “Website”) regarding the services provided by the Provider do not constitute a legally binding offer but are merely an invitation for Customers to submit an order.

Post-Beta Phase Purchases: This contract conclusion process applies to Customers purchasing access to the Software after the beta phase. To conclude a contract for access to the Software, the Customer must submit a binding order. The Customer selects the desired service on the Website and initiates the order process via the designated button, which links to a payment portal provided by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The various payment options available through Stripe are provided to the Customer on the payment portal. Additional information about Stripe can be found at https://stripe.com.

By making a payment through Stripe, the Customer submits a binding offer to conclude a contract with the Provider, which the Provider accepts upon receipt of payment.

If a tailored service agreement is required, the Provider will draft an individualized contract offer upon request and provide it to the Customer in text form (e.g., by email). The Customer may accept this offer in text form, establishing a contract with the specifically agreed-upon services.The parties are free to make individual agreements regarding the conclusion of the contract and/or payment arrangements in specific cases.

Beta Access for Founding Members: During the beta phase, founding members with an active community membership to the “Driven Publishers Elite” may request free access to PublishElite’s core features. Access can be requested by filling out a form available through a link in the Onboarding videos. This access allows founding members to test and utilize the platform’s functions, provide feedback, and influence future improvements to the Software. Beta access does not involve a formal purchase process, and therefore founding members do not incur charges or enter into a binding payment contract with the Provider during the beta phase. Access granted during the beta phase is temporary and may be revoked at any time, especially if the Provider decides to discontinue the product.

§ 4 Pricing and Payment Terms

Unless otherwise stated in the Provider’s offer, all prices are quoted net in USD and are subject to applicable VAT/TAX. If the Customer is in arrears on multiple outstanding payments, all outstanding amounts will become immediately due.

The fees for the Provider’s services are listed inside the Onboarding video to the software inside the “PublishElite: Building Lead Magnets, Email-List & ARC-List” course at the time of contract conclusion. The Customer pays the agreed monthly fee in advance through Stripe or another payment method as agreed upon by both parties.

During the beta phase, although users are not required to pay a monthly fee, they are responsible for specific usage costs associated with the software. These include:

• Email Sending: A rate of $0.675 per 1,000 emails sent will apply.

• Email Verification: If the Email Verification feature is activated in the user's account, a rate of $2.5 per 1,000 email validations will apply.

These charges will be invoiced to the user accordingly through Stripe.

Payment is due in advance by the first business day of each month. For the initial month, payment is due upon contract conclusion in accordance with § 3. If the contract is signed after the first day of a calendar month, the Customer will be billed a prorated amount for the remaining days of that month, starting from the day after access to the Software is provided.

If the Customer delays payment by more than four weeks, the Provider reserves the right, after issuing a reminder with a deadline, to restrict access to the Software.

The Provider’s right to payment is not affected by a suspension of access as per § 4. Access to the Software will be restored immediately once any outstanding payments are cleared. Suspension of access is considered a milder recourse and may be applied even if the Provider has grounds for terminating the contract.

§ 5 Provision of Software by the Provider

The provision of the Software to the Customer is managed by HighLevel Inc. through the Provider. HighLevel Inc. provides the Software to the Provider at the exit point of the data center (hereinafter the “Handover Point”) where the server hosting the Software is located. The necessary computing power, storage space, and data processing resources on the IT systems of HighLevel Inc. or a third-party provider engaged by HighLevel Inc. are made available to the Provider according to the Terms of Service of HighLevel Inc. (available at: https://www.gohighlevel.com/terms-of-service). Under these terms, the Provider is authorized to act as a reseller and sublicensee of the Software. The Provider sets up a company account for the Customer and grants the Customer access to it for the contract term. No direct rights are granted to the Customer with HighLevel Inc. It is the Customer’s responsibility to ensure that the technical requirements to receive and use the Software at the Handover Point are met. The Software’s functional scope is based on the details provided on both the Provider’s Website and HighLevel Inc.’s site (URL: https://www.gohighlevel.com).

The Software’s functionality and availability during the contract term are governed by the Terms of Service of HighLevel Inc. Availability refers to the Customer’s ability to access and use the Software’s core functions. Maintenance times and periods of disruption, provided they meet the response time for resolution, are considered as part of the Software’s availability. Minor disruptions are not factored into availability calculations.

HighLevel Inc. according to their terms of service regularly updates the Software per its Terms of Service (available at: https://www.gohighlevel.com/terms-of-service). Occasionally, these updates may impact the platform’s previous functionality. HighLevel Inc. reserves the right to make updates or changes at any time, which may affect the platform’s current operation. The Provider is not obligated to ensure Software availability during HighLevel Inc.’s update processes.Customizations to meet individual Customer needs or IT environment are not provided unless expressly agreed upon by both parties.

The Customer is permitted to use the provided Software solely for its own business operations. The Provider promptly supplies login credentials to the Customer in electronic form upon contract conclusion and account setup.

§ 6 Storage Space, Customer Data, Indemnification

The Provider arranges storage space for the Customer on a server operated by HighLevel Inc., for the purpose of using the Software, where the Customer can store data, content, and information (hereinafter: “Data”). The Customer may store data on this server to the extent necessary for the use of the Software.

The Customer is not permitted to allow third parties to use this storage space, either in part or in full, for a fee or free of charge.

The Customer is solely and fully responsible for all Data and any necessary legal rights required for its use. The Provider does not become aware of the Customer’s Data and does not generally review the Data used by the Customer with the Software.

The Customer assures that the Data stored on the servers of HighLevel Inc. or a service provider commissioned by HighLevel Inc., as well as its use and provision by HighLevel Inc., do not violate applicable laws, official orders, third-party rights, or agreements with third parties.

In the event of a violation of § 6 Para. 4, the Customer agrees to indemnify the Provider against all liabilities and any costs, including possible and actual costs of legal proceedings, if the Provider is held liable by third parties, including employees of the Customer personally, as a result of alleged actions or omissions by the Customer, unless the Customer is not responsible for this. The Provider will inform the Customer of any claims and, as far as legally possible, will give the Customer the opportunity to defend against the asserted claim. Simultaneously, the Customer will immediately provide the Provider with all available information regarding the matter that is the subject of the claim.

The Provider is entitled to immediately block access to the storage space if there is reasonable suspicion that the stored Data is illegal or infringes upon the rights of third parties. A reasonable suspicion exists if courts, authorities, or other third parties inform the Provider of this. The Provider shall inform the Customer of the block and the reason for it without delay. The block will be lifted once the suspicion has been cleared.

The Customer remains the owner of the Data stored on the servers of HighLevel Inc. or a service provider commissioned by HighLevel Inc. Upon the Customer’s request, the Provider will support the Customer in retrieving their Data from HighLevel Inc. to a reasonable extent.

§ 7 Scope of Use and Rights

HighLevel Inc. is the sole and exclusive owner of all rights to the Software.

The Provider has personal, non-transferable, revocable, and non-exclusive copyright usage rights to access and use the platform or software content for the purpose of providing the platform to the Provider’s customers. Any other use, including reproduction, modification, distribution, transmission, republication, framing, display, or performance of platform content without prior permission from HighLevel Inc. is strictly prohibited.

The Provider grants the Customer, within the scope of the existing contractual relationship, the usage rights to the Software described in § 7 Para. (2) by way of sublicensing, with the restriction that the Customer is not permitted to sublicense the Software to third parties without the consent of the Provider and/or HighLevel Inc. The Customer may use the Software solely within the scope of their own activities, either personally or through their own personnel, via the company account provided to them. The Customer is not permitted to allow third parties to use the Software, either for a fee or free of charge. Third parties include affiliated companies within a corporate group. Therefore, subleasing the Software is also prohibited for the Customer.

The Software is not physically transferred to the Customer.

If the Customer violates any of the provisions above, all usage rights granted to the Customer by the Provider within the scope of the contractual relationship will become immediately invalid and will automatically revert to the Provider.

§ 8 Support and Service Level / Consulting Services

The Provider establishes a support service for Customer inquiries regarding the functions of the Software:

By email: [email protected]

Inquiries are processed in the order they are received.

The Customer must promptly report any functional failures, disruptions, or impairments of the Software to the Provider in text form.

The Provider will address incoming reports from the Customer in accordance with § 8 Para. (2) within reasonable timeframes as follows:

• Disruptions that render the use of the Software impossible or significantly impaired:

The Provider’s response time is 72 hours. The Provider will attempt to resolve the disruption within 14 days from the time of receipt of the report by the Customer and upon the Customer’s order, after consultation. If it becomes apparent that resolving the disruption within this timeframe is not possible, the Provider will promptly inform the Customer and indicate the expected time delay.

• Disruptions that do not significantly impair the ordinary use of the Software:

  The Provider’s response time is 72 hours. The disruption will be resolved within 14 days from the time of receipt of the report by the Customer and upon the Customer’s order, after consultation with the Customer. If it becomes apparent that resolving the disruption within this timeframe is not possible, the Provider will promptly inform the Customer and indicate the expected time delay.

• Disruptions that do not impair the proper functioning of the Software:

  For minor disruptions, the response and resolution times are at the Provider’s reasonable discretion.

The timeframes specified for disruption resolution by the Provider are extended by the duration of any hindering circumstances if the Provider is unable to resolve the disruption due to reasons within the Customer’s area of risk, other reasons beyond the Provider’s control, or force majeure. The Provider is not responsible for disruptions that lie solely within the influence and risk area of HighLevel Inc. However, the Provider will make a good faith effort to assist in resolving disruptions outside of its own influence and risk area in cooperation with HighLevel Inc., within the response times.

Disruption resolution in accordance with § 8 Para. (3) will be conducted via 1st level support through remote maintenance, approved chat, or telephone, at the Provider’s discretion.

When reporting a disruption, the Customer must specify the level of criticality according to § 8 Para. (3), as they perceive it. The final decision on the level of criticality lies with the Provider and will be communicated to the Customer.

The Customer is not required to separately compensate the Provider for software support.

The Customer has no entitlement to support from HighLevel Inc. under these provisions or otherwise.

In addition to the support described above, the parties may agree on the provision of further individual consulting services by the Provider related to the use of the Software, which the Customer must compensate separately.

§ 9 Customer Obligations When Using the Software

The Customer must protect and store the access credentials provided to them in a manner consistent with the current state of technology to prevent access by third parties. The Customer shall ensure that use of the Software occurs only within the contractually agreed scope. Any unauthorized access must be reported to the Provider immediately.

The Customer is prohibited from storing any data on the provided storage space that violates applicable law, official orders, third-party rights, or agreements with third parties.

Before storing or using data in the Software, the Customer must scan it for viruses or other harmful components and employ technology-compliant measures (e.g., antivirus programs) for this purpose.

The Customer is responsible for ensuring that the system requirements necessary to use the Software are met.

The Customer is liable for the actions or omissions of any persons they have authorized to use the Software as if they were their own actions.

The Customer shall refrain from the following behaviors, which are prohibited according to Section 3 of the HighLevel Inc. Terms of Service (available at: https://www.gohighlevel.com/terms-of-service):

• Using the platform in a manner that violates any applicable law or regulation.

• Using the platform to exploit, harm, or attempt to exploit or harm any individual in any way.

• Using the platform to send, receive, upload, download, use, or reuse material that does not comply with these Terms.Using the platform to transmit or facilitate the transmission of unlawful advertising or promotional materials, including "junk mail," "chain letters," "spam," or any other similar solicitations.

• Impersonating or attempting to impersonate HighLevel, a HighLevel employee, another user, or any other person or entity (including, but not limited to, the use of email addresses associated with any of the foregoing).

• Engaging in any conduct that restricts or inhibits any other user’s use or enjoyment of the platform.

• Engaging in any conduct that, in HighLevel’s discretion, may harm the users of the platform or expose HighLevel to liability.

• Using the platform in any manner that could disable, overburden, damage, or impair the platform, or interfere with any other party’s use of the platform, including their ability to engage in real-time activities through the platform.

• Using any robot, spider, or other automatic device, process, or means to access the platform for any purpose, including monitoring or copying any of the material on the platform.

• Using any manual process to monitor or copy any of the material on the platform or for any other unauthorized purpose without HighLevel’s prior written consent.

• Using any device, software, or routine that interferes with the proper functioning of the platform.

• Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempting to gain unauthorized access to parts of the platform, the server on which the platform is stored, or any server, computer, or database connected to the platform, or attempting to disrupt, damage, or interfere with them.

• Attacking the platform via a denial-of-service attack or a distributed denial-of-service attack.

§ 10 Warranty

The Provider is not the developer or manufacturer of the Software but has licensed it from HighLevel Inc. and has not tested it. Therefore, the Provider makes no warranty regarding the accuracy, completeness, usability, or suitability of the Software for any specific purpose, unless otherwise stated in these Terms and Conditions.

The Software is made accessible to the Customer by the Provider “as provided by HighLevel Inc.” The Provider assumes no warranty or liability for the correctness or completeness of the information, texts, graphics, links, or other content contained within the Software. The Provider does not guarantee against any damages that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, trojan, or any other such computer programs. Furthermore, the Provider explicitly disclaims any warranty or representation to be passed on to the Customer or third parties.

The provisions of § 8 remain unaffected by the preceding provisions under § 10 Para. (1) and (2).

§ 11 Liability

The Provider is liable for damages—regardless of the legal basis—within the framework of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, the Provider is liable, subject to statutory limitations of liability (e.g., duty of care in one’s own affairs, minor breach of duty), only:

• for damages arising from injury to life, body, or health,

• for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to the compensation of foreseeable, typically occurring damages.

The liability limitations arising from § 11 Para. (1) also apply to breaches of duty by or in favor of persons for whom the Provider is responsible under statutory provisions. They do not apply in cases of fraudulent intent, a warranty, or for claims under the Product Liability Act.

§ 12 Term and Termination, Data Deletion

Unless otherwise individually agreed with the Provider, the contract term begins with the conclusion of the contract as per § 3 Para. (2) to (4).

The contract term with the Customer is one (1) month. The contract is automatically extended by one (1) month unless terminated by either party with two weeks' notice before the end of the respective term.

The right of both parties to terminate the contract without notice for good cause remains unaffected by the statutory requirements. Good cause for the Provider is present, in particular, if the Customer is in arrears with the payment of a due fee for more than two months despite a reminder. If the Customer is responsible for the reason for termination, the Customer is obligated to pay the agreed fee, minus saved expenses, until the earliest date on which the contract could have ended with ordinary termination.

Upon termination of the contract, the Provider will provide reasonable assistance to the Customer, at the Customer's expense, in transferring or securing data.

The Customer is solely responsible for any retention and evidence obligations required after the contract ends.

The Provider will irretrievably delete all remaining Customer data on the servers, to which the Provider has access, within 30 days after the end of the contractual relationship, provided that the Provider has no retention obligations or rights.

§ 13 Data Processing

The parties shall each comply with the applicable data protection regulations relevant to them.

The Customer remains the responsible party with regard to personal data and must therefore always ensure that the processing of data within the framework of the contractual services through the use of the Software is supported by corresponding legal grounds. The Customer is solely responsible for obtaining the necessary consents required under data protection law from the data subjects (e.g., employees, customers, business partners of the Customer) whose personal data is used within the Software.

For the purpose of fulfilling the contract, the Customer grants the Provider the right to duplicate the data stored by the Provider on behalf of the Customer, insofar as this is necessary to provide the service owed under these Terms and Conditions. The Provider is authorized, but not obligated, to make changes to the structure or format of the data in order to resolve disruptions.

If the Provider acts as a processor for the Customer within the meaning of Art. 28 Para. 3 GDPR, specific regulations regarding the data processing agreement, which are available at the following link, shall apply in addition to these Terms and Conditions: https://elite.drivenpublishers.com/saas-dpa

If the Provider acts as a processor within the meaning of Art. 28 para. 3 GDPR for the Customer, specific provisions on the order processing agreement apply in addition to these T&Cs, which can be viewed at the following link:

III. Additional Services

§ 14 Conclusion of Contract / Subject of the Contract

The parties may agree, in accordance with § 3 Para. (3) and (4), on the provision of additional services by the Provider under the following terms.

The Provider may offer the Customer, on an individual basis and by mutual agreement, additional services in areas such as web design (e.g., design of customer cards) and data protection (e.g., creation of cookie banners). The details regarding the type and scope of these contractual services are specified in the respective service offer description from the Provider.

VI. Confidentiality / Final Provisions

§ 15 Confidentiality

The parties agree to treat all business and trade secrets, as well as other business or operational information of the contracting party, as confidential. In this sense, the parties shall keep business and trade secrets and confidential operational matters, which are designated as such in writing, text form, or orally by the parties or are obviously recognizable as such, secret and shall not make them accessible to third parties without the prior express consent of the affected party. The parties shall impose a confidentiality obligation on all employees and/or third parties who have access to business and trade secrets in this sense. The confidentiality obligation remains in effect indefinitely beyond the duration of the respective contract.

§ 16 Final Provisions

If the Customer is a merchant, a legal entity under public law, or a special fund under public law, or if the Customer has no general legal venue within the Kingdom of Sweden, the place of jurisdiction for all disputes arising from the business relationship between the Provider and the Customer shall, at the Provider’s choice, be the location of the Provider's registered office or the Customer's registered office. For claims against the Provider, however, the exclusive place of jurisdiction in these cases shall be the location of the Provider's registered office. Mandatory legal provisions regarding exclusive jurisdictions remain unaffected by this regulation.

The relationship between the Provider and the Customer is governed exclusively by the law of the Kingdom of Sweden. The United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1980 (CISG) does not apply.

Should individual provisions of these Terms and Conditions or of the respective contract be invalid, the validity of the remaining provisions shall not be affected. The parties will endeavor to find a provision that legally and economically best achieves the contractual objective in place of the invalid provision. The same applies to filling any contractual gaps.