Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “Member,” or “User”) and SmartElite Club (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at smartelite.club and all associated services, products, digital downloads, and member portals (collectively, the “Services”).

By visiting the website, creating an account, accessing the member portal, or completing any purchase — whether for a one-time product, digital download, or subscription — you unconditionally accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

Eligibility

To access or purchase from SmartElite Club, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater.
• Have the legal capacity to enter into a binding contract in your jurisdiction.
• Not be prohibited from receiving or purchasing our services under applicable law, regulation, or court order.
• Provide accurate, complete, and current registration and billing information when creating an account or completing a purchase.

SmartElite Club reserves the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including where we reasonably believe eligibility requirements have not been met.

Services & Products

SmartElite Club offers a range of done-for-you business solutions, including but not limited to:

One-Time Purchases

Individual deliverables such as custom websites, AI-powered content packages, automation systems, UGC scripts, and similar assets produced and delivered on a project basis. These are purchased at a fixed price and delivered according to the scope described at the time of purchase.

Subscription Services

Recurring membership plans that provide ongoing access to services, updates, and resources billed on a monthly or annual cycle. Subscription details, including billing frequency and included deliverables, are specified on the relevant product page at the time of purchase.

Digital Products

Downloadable resources such as templates, toolkits, frameworks, and digital files made available for immediate delivery upon payment confirmation. Digital products are provided “as-is” and delivered electronically.

We reserve the right to discontinue, modify, or restrict any service or product at any time. Where a subscription service is discontinued, we will provide reasonable advance notice and you will not be charged beyond the current billing cycle.

Payments & Billing

One-Time Purchases

Payment for one-time products and project-based services is due in full at the time of purchase unless a payment plan has been expressly agreed upon in writing. Work will not commence or products will not be delivered until payment has been received and cleared.

Subscriptions

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected at checkout). By enrolling in a subscription, you authorize SmartElite Club to automatically charge your payment method on each renewal date until you cancel.

• Subscriptions automatically renew unless cancelled at least 48 hours before the end of the current billing period.
• Cancellation of a subscription stops future billing but does not entitle you to a refund of any amounts already charged.
• You are responsible for keeping your payment information current and valid. Failed payments may result in suspension or termination of access.

Pricing & Taxes

All prices are listed in Canadian Dollars (CAD) unless otherwise stated. Applicable taxes (including GST/HST where required) will be added at checkout based on your billing location. SmartElite Club reserves the right to change pricing at any time; changes will not affect orders already confirmed.

Payment Processing

Payments are processed through secure third-party payment processors. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and agree to the terms of the applicable payment processor.

No Refund Policy

By completing a purchase, you expressly acknowledge and agree that:

• All payments are non-refundable, including but not limited to situations where you change your mind, fail to use the service, or are dissatisfied with the outcome.
• Digital products are delivered immediately upon purchase confirmation and are therefore non-refundable due to their intangible nature.
• For project-based services, work invested in preparation, research, strategy, and production is non-refundable once commenced.
• Subscription cancellation prevents future charges but does not entitle you to a refund of any amounts already billed.
• Initiating a chargeback or payment dispute without first contacting SmartElite Club constitutes a breach of these Terms and may result in immediate account suspension and pursuit of recovery through applicable legal channels.

If you have a concern about a deliverable, please contact us at [email protected] before taking any action. We are committed to delivering quality and will always work to address legitimate concerns in good faith.

Intellectual Property

Company IP

All content on the SmartElite Club website — including text, graphics, logos, design elements, code, training materials, and proprietary systems — is owned by or licensed to SmartElite Club and is protected under applicable Canadian and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any Company IP without express written permission.

Delivered Assets — Ownership by Package

Ownership and licensing rights for deliverables produced under a client engagement depend on the specific package purchased. The following general framework applies:

• Full Transfer Packages: Where expressly stated in the package description, ownership of custom-built deliverables (e.g., websites, custom automation flows, branded content) transfers to the client upon receipt of full payment. This does not include any underlying frameworks, templates, or tools used in production that are proprietary to SmartElite Club or its licensed technology providers.
• Licence-Only Packages: For standard packages and digital products not explicitly sold as full-transfer, SmartElite Club grants you a non-exclusive, non-transferable, royalty-free licence to use the deliverable for your own business purposes. You may not resell, sublicence, or redistribute the work.
• Digital Products & Templates: All digital downloads are provided under a personal-use licence only. Redistribution, resale, or sharing with third parties is strictly prohibited.

Regardless of package type, SmartElite Club retains the right to display completed work in our portfolio and marketing materials, unless you request otherwise in writing prior to project commencement.

Client-Provided Materials

By submitting logos, copy, images, brand assets, or other materials to SmartElite Club for use in a project, you represent that you own or have the necessary rights to those materials and grant us a limited licence to use them solely for the purpose of fulfilling your order.

Member Portal & Account Use

Access to the SmartElite Club member portal is provided to clients with active subscriptions or eligible one-time purchases. By creating and using an account, you agree to the following:

Account Responsibility

• You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must immediately notify us at [email protected] of any unauthorized access or suspected breach of your account.
• Account sharing is not permitted. Each account is issued to a single user or business entity. Sharing access with third parties without authorization may result in account termination without refund.

Acceptable Use

When accessing the portal or using our services, you agree not to:

• Attempt to gain unauthorized access to any part of the platform or its underlying systems.
• Use the platform to engage in any unlawful, fraudulent, or harmful activity.
• Scrape, harvest, or otherwise extract data from the portal in an automated manner.
• Reverse engineer, decompile, or otherwise attempt to derive source code from any software used by SmartElite Club.
• Upload or transmit malicious code, spam, or content that infringes third-party rights.

Data Collection & Privacy

SmartElite Club collects and uses personal information in accordance with our Privacy Policy, which forms part of these Terms. By using our Services, you consent to the collection, use, and disclosure of your information as described therein.

Data We Collect

We collect personal information including name, email address, billing details, business information, and usage data when you interact with our website, complete a purchase, or access the member portal.

How We Use Your Data

Your information is used for the following purposes:

• Processing and fulfilling orders and subscriptions.
• Managing your member portal account and providing customer support.
• Sending transactional communications (order confirmations, invoices, updates).
• Marketing and promotional communications — including email campaigns, retargeting, and personalized offers, via tools such as Klaviyo, GoHighLevel, and similar marketing automation platforms.
• Analytics and platform improvement using tools such as Google Analytics and related services.

Third-Party Tools

We use third-party service providers — including payment processors, email marketing platforms, and analytics tools — that may receive or process your data as part of service delivery. These providers are contractually required to handle your data in accordance with applicable privacy laws.

Canadian Privacy Law

SmartElite Club operates in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. If you are located in the European Union or United Kingdom, additional rights may apply under GDPR or UK GDPR respectively. Please contact us for more information.

Disclaimers & No Guarantee of Results

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Guarantees that the Services will be uninterrupted, error-free, or free of viruses or harmful components.
• Guarantees that results described in marketing materials will be replicated for your specific business.
• Any warranty regarding the accuracy, reliability, or completeness of any information provided through the Services.

SmartElite Club does not provide legal, financial, accounting, or professional advice. Any information shared through our services is for general business purposes only and should not be relied upon as professional advice. Always seek appropriate professional counsel for your specific circumstances.

Limitation of Liability

To the maximum extent permitted by applicable law, SmartElite Club, its directors, employees, contractors, and affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or business opportunities.
• Damages arising from reliance on information provided through our Services.
• Damages resulting from unauthorized access to or use of your account.
• Damages resulting from errors, omissions, or interruptions in the Services.

In no event shall our total cumulative liability to you for all claims arising out of or relating to these Terms or the Services exceed the total amount you paid to SmartElite Club in the three (3) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Termination & Suspension

Termination by You

You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the current billing period. No refund will be issued for the remaining portion of any billing cycle.

Termination by SmartElite Club

We reserve the right to suspend or permanently terminate your account and access to the Services at any time, with or without notice, if we determine in our sole discretion that you have:

• Violated any provision of these Terms.
• Engaged in fraudulent, abusive, or harmful conduct.
• Initiated a chargeback or payment dispute in bad faith.
• Shared account credentials or attempted to circumvent access controls.

Termination for cause does not entitle you to any refund. Sections of these Terms that by their nature should survive termination — including payment obligations, IP provisions, disclaimers, and limitation of liability — shall remain in full force.

Governing Law & Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions.

Dispute Resolution

In the event of a dispute, you agree to first contact SmartElite Club at [email protected] and attempt to resolve the matter informally. We will endeavour to address your concern within 10 business days.

If the dispute cannot be resolved informally, both parties agree to submit to the exclusive jurisdiction of the courts located in Quebec, Canada. You waive any objection to the exercise of jurisdiction over you by such courts.

Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only and not as part of a class, consolidated, or representative action.

Changes to These Terms

SmartElite Club reserves the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this page and, where appropriate, notify active subscribers via email.

Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services immediately.

Contact Us

If you have questions, concerns, or require clarification regarding these Terms of Service, please reach out to us through any of the channels below. We are available Monday through Friday and aim to respond within 2 business days.