Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website gainwithmedia.com and all services offered by Francisco Javier Jaramillo LLC, doing business as Gain With Media ("Company," "we," "us," or "our"), including the HABLALO WhatsApp automation platform (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Services

2.1 Web Tools and Custom Applications

Gain With Media designs, builds, and deploys custom web tools including quote builders, client portals, booking micro-sites, and landing pages for service businesses. These are delivered as agreed upon in individual project agreements or statements of work.

2.2 Workflow and AI Automation

We build and configure automated workflows, CRM integrations, lead follow-up systems, and AI-assisted pipelines tailored to each client's operations. Specific deliverables and timelines are defined in separate project scopes.

2.3 HABLALO — WhatsApp Automation Platform

HABLALO is a subscription-based software service that connects a business's WhatsApp Business number to an AI-powered assistant capable of handling first-contact messages, answering product and FAQ queries, managing quick-reply flows, and escalating conversations to a human agent when needed. HABLALO operates on the Meta Cloud API (WhatsApp Business Platform) and is subject to Meta's Platform Terms in addition to these Terms.

3. HABLALO Subscription Terms

3.1 Trial Period

New HABLALO subscribers receive a 30-day free trial to evaluate the platform. No payment information is required to start the trial. At the end of the trial, the subscription will not automatically convert to a paid plan — you must actively select a paid plan to continue service. Data associated with an expired trial may be deleted after 30 days of inactivity.

3.2 Paid Plans

After the trial, HABLALO subscriptions are available on the following plans:

• Base Plan — supports up to 2 WhatsApp Business numbers. Billed monthly at the rate published on the HABLALO pricing page at the time of subscription.
• Plus Plan — supports up to 3 WhatsApp Business numbers with additional features. Billed monthly at the rate published at the time of subscription.

Current pricing is displayed at /hablalo. Prices are subject to change with 30 days' notice to active subscribers.

3.3 Billing and Payment

Paid subscriptions are billed monthly in advance. Payment is processed through our third-party payment provider. Subscriptions renew automatically unless cancelled before the next billing date. You are responsible for keeping your payment information current. Failed payments may result in temporary suspension of service.

3.4 Cancellation and Refunds

You may cancel your HABLALO subscription at any time through your account settings or by contacting us at info@gainwithmedia.com. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial months, except where required by applicable law.

3.5 Acceptable Use of HABLALO

You agree not to use HABLALO to:

• Send unsolicited bulk messages (spam) or messages to recipients who have not opted in to receive communications from your business.
• Distribute content that is illegal, harassing, defamatory, fraudulent, or that violates any third-party rights.
• Attempt to circumvent or reverse-engineer any portion of the platform.
• Violate Meta's WhatsApp Business Policy or any applicable laws and regulations.

Violation of these terms may result in immediate suspension or termination of your account without refund.

4. Client Project Agreements

Custom development projects (web tools, automations, landing pages) are governed by individual project agreements or statements of work entered into between Gain With Media and the client. In the event of a conflict between those agreements and these Terms, the project agreement shall control for matters specific to that project.

5. Intellectual Property

All content, design, code, and materials on gainwithmedia.com — including but not limited to text, graphics, logos, and software — are the property of Gain With Media or its licensors and are protected by applicable intellectual property laws.

For custom development projects, ownership of deliverables is defined in the applicable project agreement. Unless explicitly stated otherwise in writing, Gain With Media retains ownership of all underlying frameworks, tools, and reusable components.

HABLALO subscribers are granted a limited, non-exclusive, non-transferable license to access and use the HABLALO platform during the active subscription term. This license does not include the right to copy, modify, distribute, or create derivative works from the platform.

6. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data practices.

7. Third-Party Services

Our Services integrate with or depend upon third-party platforms including Meta Platforms / WhatsApp Business Platform, Vercel, and payment processors. Your use of those platforms is subject to their respective terms of service. We are not responsible for the actions, content, or availability of third-party services.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We do not guarantee specific business outcomes, sales results, or response rates from the use of HABLALO or any other service we provide.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAIN WITH MEDIA, ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION — ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Gain With Media and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in St. Johns County, Florida, and you consent to the personal jurisdiction of such courts.

12. Changes to These Terms

We may revise these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be communicated to active subscribers via email or a prominent website notice. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

13. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or if required by law. Upon termination, all licenses granted to you immediately cease.

14. Contact Us

For questions about these Terms, please contact us:

• Email: info@gainwithmedia.com
• Phone: +1 (904) 599-2075
• Mailing address:
  Francisco Javier Jaramillo LLC (DBA Gain With Media)
  St. Augustine, FL, USA