These Terms of Service ("Terms") are entered into by and between you ("you" or "User") and CBB Consulting & Coaching LLC ("Company," "We," "Us," or "Our"), a Colorado limited liability company. By accessing or using Performance Builder (the "Service"), you agree to be bound by these Terms.

1. Acceptance of Terms

By using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

2. Service Description

The Service provides funnel analytics and coaching tools for Growth Strategists and Business Owners. We offer a one-time complementary, initial 14-day trial, followed by paid subscriptions.

Definitions of User Roles:

• Growth Strategists: A User who subscribes to the Service on a monthly or annual basis to provide coaching and strategic support to their clients ("Business Owners") in optimizing marketing and sales funnels. Growth Strategists may white-label the Service by branding it with their own logos and presenting it as their proprietary tool when providing access to Business Owners as part of their coaching services (without reselling the Service). As the primary subscription holder, Growth Strategists must pay the fee for their own access prior to signing up or managing sub-accounts for Business Owners. Growth Strategists have the following permissions, responsibilities, and limitations:
  • Permissions: Growth Strategists may sign up and manage sub-accounts for their Business Owners (for which the Growth Strategist is charged an annual subscription fee per Business Owner); view analytical reports and performance data related to their Business Owners' funnels; communicate with Business Owners via in-app messaging; and make adjustments to Business Owners' funnels to improve performance.
  • Limitations: Growth Strategists have read access to their Business Owners' accounts but may not delete any data or content. Access to Business Owner sub-accounts expires upon the end of the applicable annual subscription period unless renewed by the Growth Strategist. All accounts, including those of Growth Strategists and Business Owners, auto-renew based on the applicable subscription term (monthly or annually) unless canceled prior to the renewal date.
  • Responsibilities: Growth Strategists are solely responsible for all outcomes related to their coaching services, including the effectiveness of sales funnel improvements and any business results achieved by Business Owners. Growth Strategists must conduct themselves professionally in all communications and interactions via the Service, including in-app messaging, and comply with all applicable laws and these Terms. The Service is provided as a tool for Growth Strategists to incorporate into their existing offerings, and the Company exercises no control over how it is used; the Company disclaims any liability for the actions, conduct, advice, or outcomes of Growth Strategists or their Business Owners. Data handling, privacy, and ownership for Growth Strategists and Business Owners are governed by the applicable sections of these Terms and our Privacy Policy.
• Business Owner: A User who is signed up as a sub-account by a Growth Strategist to receive coaching and support in optimizing their marketing and sales funnels. Business Owners access the Service through the Growth Strategist's branded (white-labeled) instance as part of the coaching services provided, with no direct subscription fees charged to the Business Owner. Business Owners have the following permissions, responsibilities, and limitations:
  • Permissions: Business Owners may access their own funnel data and performance metrics; communicate with their assigned Growth Strategist via in-app messaging; and view adjustments made to their funnels by the Growth Strategist. Business Owners may edit or delete content within their own funnels unless restricted by the Growth Strategist or the Service settings.
  • Limitations: Business Owners' access is tied to the Growth Strategist's subscription and expires upon the end of the applicable annual subscription period unless renewed. All accounts, including those of Growth Strategists and Business Owners, auto-renew based on the applicable subscription term (monthly or annually) unless canceled prior to the renewal date. Growth Strategists have read access to Business Owners' accounts for coaching purposes but cannot delete data.
  • Responsibilities: Business Owners are responsible for their own use of the Service, including providing accurate data for their funnels and complying with all applicable laws and these Terms. The Service is provided as a tool for Business Owners to incorporate into their business processes, and the Company exercises no control over how it is used; the Company disclaims any liability for the actions, conduct, advice, or outcomes provided by Growth Strategists to Business Owners. Data handling, privacy, and ownership for Business Owners are governed by the applicable sections of these Terms and our Privacy Policy.

3. User Accounts

You must provide accurate information when creating an account. You're responsible for maintaining account security. You must be at least 18 years old to use our Service. One person or legal entity may not create or maintain more than one free trial account.

4. Billing & Payments

Pricing for Growth Strategist plans and Business Owner additions will be as displayed on the payment or signup screen at the time of purchase or subscription (the "Applicable Pricing"). This may include monthly or annual options for Growth Strategists, with per-user fees for Business Owners added by a Growth Strategist, and is subject to any applicable taxes or fees. We offer a free 14-day trial for new Growth Strategists. To access the trial, you must provide valid payment information (e.g., credit card details), but no charges will be applied during the free trial period. If you do not cancel before the free trial period ends, your subscription will automatically begin, and you will be charged the Applicable Pricing for the selected plan. Subscriptions automatically renew at the then-current Applicable Pricing unless cancelled at least 30 days before the renewal date. We reserve the right to modify pricing with at least 30 days' advance notice via email or platform notification. Changes will not apply retroactively to active subscriptions but may affect renewals. All fees are non-refundable except as required by law or as specified in our Refund Policy. Payments are processed securely via third-party providers like Stripe, and you will be subject to such providers' applicable terms and conditions and privacy policies. We neither collect nor maintain any personal financial information.

5. Acceptable Use

You agree not to: use the Service for any illegal purpose, violate any third party rights, interfere with Service operation, attempt to gain unauthorized access, or share login credentials.

6. Data & Privacy

Your use of our Service is also governed by our Privacy Policy.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Us and are protected by applicable copyright, trademark, and other intellectual property laws.

8. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that We believe violates these Terms or is harmful to other users, Us, or third parties.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DON'T GUARANTEE SPECIFIC RESULTS FROM USING OUR PLATFORM. WE RESERVE THE RIGHT AT ANY TIME TO MODIFY THE SERVICES.

10. Limitation of Liability

In no event shall Company, or any of its parent, subsidiary, or affiliated companies (and the respective partners, shareholders, members, managers, board members, employees, officers, directors, agents, representatives, and insurers of each of them) be liable to You or anyone claiming by or through You for any consequential, speculative, exemplary, special, indirect, incidental, or punitive or treble damages or lost profits, lost goodwill, or lost business, whether foreseeable or not, in connection with the Services or the failure to perform or breach of these Terms. Except as expressly specified herein, any and all express and implied warranties including, but not limited to, warranties of merchantability or fitness for a particular use or purpose, title, or non-infringement are expressly excluded and disclaimed by Company To the extent any liability of Company is established, you agree that damages shall be limited to the amount you have actually paid to the Company for the Services within the prior twelve (12) months.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will endeavor to timely notify users of any material changes via email or platform notification. Notwithstanding the foregoing, any failure on Our part to notify users shall not invalidate our right to make such change.

12. Governing Law and Dispute Resolution

These Terms and any dispute, claim, action, cause of action, issue, or request for relief arising out of or relating to these Terms, Your use of the Product or Services, or Your relationship with the Company (collectively, "Disputes") shall be governed by and construed in accordance with the internal laws of the State of Colorado United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.

13. Mandatory Arbitration (Applicable to U.S. Residents)

14. If a Dispute cannot be resolved through the informal dispute resolution process You and the We agree that any and all Disputes shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect. The arbitration will be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitration shall be held in the county in which You reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, You or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and the Company subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by You and/or the Company, unless the arbitrator requires otherwise. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. The Company will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. Further, unless both You and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific Class Action Waiver provision is found to be unenforceable, then the entirety of this Section 14.3 (Mandatory Arbitration) shall be null and void. Mandatory arbitration and class action waivers are a common strategy for U.S. companies to manage dispute resolution costs and risks. Notwithstanding the foregoing, either You or the Company may bring a qualifying individual action in small claims court. Furthermore, this arbitration agreement does not preclude You or the Company from seeking emergency injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You agree that any Dispute You may have arising out of or related to Your relationship with the Company, these Terms, or the Product or Services must be filed within one (1) year after such Dispute arose; otherwise, Your Dispute is permanently barred. This period may be shorter than the default statute of limitations in some jurisdictions.

15. Contact Information

For questions about these Terms, please use our Contact form in the Support Center (our in-platform support feature, consisting of a text box where users can submit questions or requests, which are then sent to us via email for review and response.)

CBB Consulting & Coaching LLC
1800 Wazee St, Ste 300 #106
Denver, CO 80202