KHightower Terms of Service
Effective Date: [Nov 6, 2025]
KHightower provides a suite of AI marketing tools used for all kinds of digital marketing services including copywriting, lead generation, lead tracking, SMS marketing, email marketing, content generation, and an all-in-one growth marketing software solution. Our services are designed to help local businesses, SaaS companies, and growth-centric businesses expand their online presence through strategic digital marketing efforts.
1. Acceptance of Terms
By accessing and using our website (khightower.com) and any related services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, available at [https://khightower.com/privacy-policy/]. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that business or organization to these Terms.
You agree to use the marketing tools and services provided by KHightower in compliance with all applicable laws, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and other relevant data protection and privacy laws.
2. Communication Consent
By providing your contact information and consenting to communications, you agree to receive calls (including AI-automated), texts, and emails regarding our services.
3. Our Services
KHightower offers various digital marketing tools and services, which users can employ to enhance their online business activities. These services are accessible through our website and may involve the use of third-party platforms and apps.
Support Services
KHightower is committed to providing exceptional support to ensure the optimal use of our services. We offer 24/7 customer support to our subscribers through chat and video assistance to address any issues or questions you may have. Our support team is available at all times to help you navigate and make the most of the KHightower Lead Generation Growth Plan.
In addition to 24/7 support, we provide detailed documentation and resources to help you independently resolve common issues and maximize your use of our software.
AI Agents
You “Agree,” each time you interact with one of our AI agents, and consent to the recording, storage, and sharing of your communications with third-party service providers, and as described in the Privacy Policy. If you do not wish to have your conversations recorded, please refrain from using this service.
Service Level Agreement (SLA)
KHightower is committed to providing a reliable and consistent level of service. Our Service Level Agreement (“SLA”), which forms part of our Sales Contract, guarantees a minimum uptime of 99% for the KHightower Lead Generation Growth Plan. In the event of an SLA breach, service credits may be issued as outlined in the SLA. For more detailed information, please refer to Exhibit B in the Sales Contract or contact us directly.
AI SERVICES DISCLAIMER
Our AI-powered services, including AI Employees (voice and chat agents), use artificial intelligence and machine learning technologies. You acknowledge:
a) AI outputs may contain errors, inaccuracies, or inappropriate content
b) AI responses are generated algorithmically and may not reflect KHightower’s views or intentions
c) You are responsible for reviewing and verifying all AI-generated content before use
d) AI services should not be solely relied upon for critical business decisions without human oversight
e) We do not guarantee AI accuracy, completeness, or appropriateness for your specific use case
f) AI performance may vary and improve over time through training
g) You must comply with all applicable laws when using AI services, including anti-discrimination laws
IMPORTANT: Our AI Employees are tools to assist your business. You remain solely responsible for:
– All communications with your customers
– Compliance with consumer protection laws
– Accuracy of information provided to customers
– Customer service outcomes and satisfaction
You indemnify KHightower for any claims arising from your use of AI services, including but not limited to claims of:
– Discrimination or bias in AI responses
– Misinformation or errors in AI-generated content
– Privacy violations from AI data processing
– Unfair or deceptive trade practices
4. Account Registration
To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5. Use of Services
You agree to use our services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
- Use the services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the services.
- Use any robot, spider, or other automatic devices, process, or means to access the services for any purpose, including monitoring or copying any of the material on the services.
TRIAL ELIGIBILITY RESTRICTIONS
– One trial per person, per business, per lifetime
– We verify using:
• Email address
• Phone number
• Credit card number
• Business name
• IP address
• Device fingerprint
– Previous customers not eligible for trial pricing
– Attempting multiple trials = immediate ban + setup fee forfeiture
5A. PAYMENT TERMS AND BILLING
Subscription Fees
All subscription fees are billed in advance based on your selected plan (Monthly or Annual). Fees are non-refundable except as expressly stated in the Refund Policy below.
Payment Methods
We accept the following payment methods:
a) Credit Card (Visa, Mastercard, American Express, Discover)
b) ACH/Bank Transfer
c) Wire Transfer
Payment Authorization
By providing payment information, you authorize KHightower to charge your selected payment method for:
– Setup fees (charged immediately at trial start)
– Recurring subscription fees (charged at end of trial, then monthly/annually)
– Any additional services or media usage beyond included credits
SETUP FEES
Setup Fee Structure:
– Startup Plan: $995 (Monthly) / $497 (Annual – 50% discount)
– Growth Plan: $1,497 (Monthly) / $747 (Annual – 50% discount)
– Pro Plan: $2,500 (Monthly) / $1,250 (Annual – 50% discount)
Setup Fee Policy:
1. Setup fees are charged immediately when you start your trial
2. Setup fees are non-refundable as work begins within 24 hours
3. Setup work can include (based on plan):
– Strategic consultation call (recorded)
– AI employee training and configuration
– CRM setup and pipeline configuration
– Technical integrations and phone number setup
– Automation workflow creation
– Team training session
– Go-live support
4. All setup work is documented with timestamps and deliverables
5. You will receive confirmation emails at key milestones
CREDIT CARD PAYMENT TERMS
Standard Processing:
– Credit card charges process immediately
– You will receive email confirmation of charges
– Recurring charges occur automatically on billing date
– You may update payment method in your account settings
Failed Payments:
– Failed payments result in immediate service suspension
– $25 failed payment fee applies
– You have 5 business days to update payment before termination
– Multiple failed payments may require prepayment for reinstatement
Disputes and Chargebacks:
By agreeing to these Terms, you acknowledge that:
1. Filing a chargeback for completed setup work may result in:
– Immediate account termination
– Referral to collections agency for unpaid balances
– Legal action for fraudulent dispute
– Reporting to credit bureaus
2. All disputes must be handled through our support team first
3. You waive the right to file chargebacks without contacting us
4. We document all work with timestamps and deliverables as evidence
ACH/BANK TRANSFER PAYMENT TERMS
Eligibility:
ACH/Bank Transfer is available for all plans.
Processing Timeline:
– ACH payments take 2-3 business days to clear
– Your trial begins after payment clears (not when initiated)
– Setup work begins within 24 hours of payment clearing
– You will receive email confirmation when payment is received
ACH Authorization:
By providing your bank account information and authorizing ACH payments, you authorize KHightower LLC to electronically debit your account for:
a) One-time setup fee (immediate upon trial start)
b) Recurring subscription fees (after trial period ends)
This authorization remains in effect until you:
– Cancel your subscription, OR
– Revoke authorization in writing with 5 business days notice to:
info@khightower.com
Payment Requirements:
1. Payment must be initiated within 48 hours of receiving payment instructions
2. Payment must come from a business bank account matching your registration information
3. Personal account payments may require additional verification or be refunded
4. Account name must match business name on registration
Your Responsibilities:
– Ensure sufficient funds are available when payment is processed
– Notify us immediately of any bank account changes
– Provide accurate banking information
– Maintain authorization for recurring payments
Failed or Returned ACH Payments:
– Returned ACH payments incur a $50 processing fee plus any bank fees
– Service will be immediately suspended until payment is received
– Multiple failed ACH payments may result in:
• Requirement to switch to credit card payment
• Account termination
• Referral to collections
ACH Payment Verification:
For payments over $2,000, we reserve the right to:
– Verify source of funds
– Request additional business documentation
– Require video verification call
– Manually review before starting setup work
WIRE TRANSFER PAYMENT TERMS
Availability:
Wire transfers are available for:
– Enterprise custom plans ($5,000+ setup fees)
– International customers
– Customers requiring same-day processing
– Upon request for any plan tier
Processing:
– Domestic wires: Same-day processing if received before 2pm CT
– International wires: 1-2 business days
– Trial begins immediately upon wire confirmation
– Setup work begins within 24 hours of receipt
Wire Transfer Requirements:
1. Payment must be received within 48 hours of receiving wire instructions
2. You are responsible for all bank fees (originating and intermediary)
3. Wire must be sent from a business account
4. Wire must include reference number provided in instructions
5. Sender name must match business registration
Wire Instructions:
Upon selecting wire payment, you will receive detailed instructions via email including:
– Beneficiary bank information
– Account details
– Reference number (required in wire memo)
– Amount due
– Payment deadline
TRIAL PERIOD BILLING
14-Day Free Trial Terms:
– Setup fee charged immediately when trial starts (credit card) or when payment clears (ACH/wire)
– Subscription fee is $0 during 14-day trial period
– Full platform access during trial
– Media credits included during trial
– Cancel anytime during trial period
After Trial Period:
– If you do not cancel before trial ends, subscription billing begins automatically
– Monthly plans: Charged on day 15, then monthly on same date
– Annual plans: Full year charged on day 15
– Setup fee is never refunded regardless of when you cancel
REFUND POLICY
Monthly Plans:
– Cancel anytime during 14-day trial period
– Setup fee is non-refundable (work begins immediately)
– No subscription charges during trial period
– After trial: No refunds on monthly subscription fees
– Unused time is forfeited upon cancellation
Annual Plans:
– Discount on setup fee (non-refundable)
– Free subscription trial
– After trial conversion to annual:
• Full refund available within 14 days of annual charge
• After 14 days: Prorated refund of subscription (setup fee never refunded)
• After 6 months: No refunds available
• Refund requests must be submitted to support@khightower.com
Refund Processing:
– Refund requests processed within 10 business days
– Refunds issued to original payment method
– ACH/wire refunds may take 5-7 business days
– Account access terminates immediately upon refund
No Refunds For:
– Setup fees under any circumstances
– Media usage credits (consumed or expired)
– Third-party services or integrations
– Custom development or consulting work
– Chargebacks (automatic termination and collections referral)
LATE PAYMENTS AND COLLECTIONS
Late Payment Policy:
Payments are due on the billing date specified in your account.
Late payments result in:
– Day 1-5: Service suspension and email notifications
– Day 5: Account access locked
– Day 10: Account scheduled for termination
– Day 15: Account terminated, balance sent to collections
Past Due Fees:
– Late fee: $50 or 5% of balance (whichever is greater)
– Reactivation fee: $100 (if reinstated after suspension)
– Collection agency fees: Up to 35% of outstanding balance
Collections Process:
If your account is sent to collections, you are responsible for:
– Original balance due
– Setup fees (if unpaid)
– Late fees and reactivation fees
– Collection agency fees (up to 35%)
– Legal fees if lawsuit is necessary
– Interest at maximum rate allowed by Texas law
Credit Reporting:
Unpaid balances over $500 may be reported to credit bureaus, which may negatively impact your credit score.
PRICE CHANGES
We reserve the right to change our pricing at any time. Price changes will be communicated as follows:
For Existing Customers:
– 30 days advance notice via email
– Price changes do not affect annual subscriptions already paid
– You may cancel before new pricing takes effect
– Continued use after price change date constitutes acceptance
For New Customers:
– Pricing displayed on website at time of signup applies
– No advance notice required for new customer pricing
TAXES AND FEES
You are responsible for:
– All applicable sales, use, value-added, and other taxes
– Any bank fees for ACH or wire transfers
– Currency conversion fees (if applicable)
– Payment processor fees if passed through
We will collect applicable taxes based on your billing address and provide tax receipts as required by law.
MEDIA USAGE AND OVERAGE CHARGES
Included Credits:
– Startup: $25/month
– Growth: $50/month
– Pro: $75/month
Media Usage Rates:
See current rate card at: khightower.com/pricing
Overage Billing:
– Additional usage beyond included credits is charged automatically
– Overages billed monthly at end of billing cycle
– You will receive notification when you reach 80% of included credits
– You may set spending limits in your account settings
– Overages are non-refundable
PAYMENT DISPUTES
Before Filing Disputes:
You agree to contact info@khightower.com within 30 days of any
billing issue before:
– Filing a chargeback
– Disputing an ACH payment
– Initiating a wire recall
– Filing a complaint with your bank
Dispute Resolution Timeline:
1. Contact us within 30 days of charge
2. We have 10 business days to investigate and respond
3. If unresolved, proceed to binding arbitration per Section 7
Consequences of Improper Chargebacks:
Filing a chargeback without following this process is a material
breach of these Terms and may result in:
– Immediate account termination
– Forfeiture of all services and data
– Collection action for all amounts due plus fees
– Legal action for breach of contract
– Negative credit reporting
We reserve the right to pursue all available remedies under law.
6. Third-Party Services
Our services integrate with various third-party services such as Stripe, Veem, Google Analytics, GoHighLevel, and others. Your use of these third-party services is subject to their respective terms and privacy policies.
7. Intellectual Property Rights
KHightower and its licensors retain all rights, title, and interest in and to the services provided, including all related intellectual property rights. The rights to any generic content, features, resources, and materials provided through our services, including but not limited to visual interfaces, graphics, design, compilation, information, and all other elements of the services are protected by intellectual property rights as owned by KHightower or its licensors.
For content or assets specifically created for a client as part of our contracted services, ownership and usage rights shall be outlined in a separate Services Agreement specific to each client. These agreements will detail the extent of rights transferred, licensed, or retained. Clients are advised to refer to their specific Services Agreement to understand the ownership and usage rights pertaining to such created content.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts provided by KHightower without express written permission from us, except for those materials that are explicitly outlined as transferable in the individual Services Agreements.
This clause also does not transfer ownership of third-party technologies or content that may be used in the provision of our services, which are subject to their respective intellectual property rights. Clients are granted rights to use these technologies within the scope defined by the respective third-party agreements and their Services Agreement with KHightower.
Our services may use software and technologies licensed from third-party providers, including GoHighLevel. While you may use the functionalities provided by these technologies as part of our services, you acknowledge that such software remains the intellectual property of the respective copyright holders and you are granted a non-exclusive license to use such technologies through our services according to these Terms.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from us, except where allowed by law.
8. Termination
KHightower may terminate or suspend your access to our services immediately, without liability, for any reason whatsoever, including but not limited to the following conditions:
1. Breach of these Terms or any material provision of the Sales Contract.
2. Failure to pay any fees due under the Sales Contract.
3. Engaging in activities that harm or may harm KHightower’s services, reputation, or business.
4. Use of the services for unlawful purposes or in violation of any applicable laws.
Upon termination, your access to the services will be immediately revoked, and any outstanding fees will remain due and payable.
SURVIVAL OF TERMS
The following sections survive termination or expiration of these Terms:
– Section 4 (Payment Terms) – for outstanding fees
– Section 6 (Intellectual Property Rights)
– Section 8 (Indemnification)
– Section 9 (Limitation of Liability)
– Section 14 (Disclaimer of Warranties)
– Section 7 (Dispute Resolution & Arbitration)
– This Survival Clause
Upon termination:
– You must immediately cease using our services
– We may delete your data after 30 days
– Outstanding fees become immediately due and payable
– Licenses granted to you terminate immediately
– Confidentiality obligations continue indefinitely
DISPUTE RESOLUTION
All disputes must be resolved through binding arbitration, not courts.
By using KHightower, you waive your right to:
– File a lawsuit
– Participate in class action lawsuits
– File chargebacks without contacting us first
Disputes must follow this process:
1. Contact info@khightower.com within 30 days
2. We have 10 business days to resolve
3. If unresolved, binding arbitration through [arbitration service]
4. Arbitration costs split 50/50
SETUP FEE & CHARGEBACK POLICY
By starting your trial, you acknowledge:
1. Setup fees are charged immediately and are non-refundable
2. Setup work begins within 24 hours of trial start
3. You will receive:
– Strategic consultation call (recorded)
– AI employee training documentation
– CRM configuration report
– Technical setup completion email
4. Filing a chargeback for completed setup work may result in:
– Immediate account termination
– Referral to collections agency
– Legal action for fraudulent dispute
5. All setup work is documented with timestamps and deliverables
6. Disputes must be handled through our support team first
ANNUAL PLAN REFUND POLICY
Monthly Plans:
– Cancel anytime during 14-day trial
– Setup fee non-refundable (work begins immediately)
– No subscription charges during trial
Annual Plans:
– 50% discount on setup fee (charged at trial start, non-refundable)
– Subscription free for 14-day trial
– After trial conversion:
• Full refund available within 30 days of conversion
• After 30 days: prorated refund minus setup fee
• No refunds after 6 months of service
– Setup fee NEVER refunded under any circumstances
Filing a chargeback without following this process is breach of contract.
9. Indemnification
You agree to indemnify, defend, and hold harmless KHightower, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
10. Limitation of Liability
KHightower’s liability for damages arising from the provision of our services shall be limited to the total subscription fees paid by you during the 12 months preceding the event giving rise to the liability. In no event shall KHightower be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, or data, even if KHightower has been advised of the possibility of such damages.
This limitation of liability applies to all causes of action, whether arising from breach of contract, tort, negligence, or any other legal theory.
11. Data Security and Confidentiality
KHightower is committed to safeguarding your data by implementing industry-standard security measures to protect the information stored within our services. We employ a range of technical, administrative, and physical controls to ensure the confidentiality, integrity, and availability of your data.
KHightower will not disclose your confidential information to any third party without your prior written consent, except as required by law or in connection with legal proceedings. We ensure that any third parties with whom we share data, such as for payment processing or integration services, adhere to similar security standards.
In the event of a data breach that may compromise your data, KHightower will promptly notify you in accordance with applicable data protection laws.
12. Governing Law and Jurisdiction
These terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall first be resolved through mediation in Austin, TX. If mediation fails to resolve the dispute, the matter may be submitted to the exclusive jurisdiction of the state and federal courts located in Texas.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
To the extent any provision is modified or deleted because it is unenforceable, such modification or deletion shall apply only in the jurisdiction where it is unenforceable, and these Terms shall be construed as if such provision had been modified or deleted.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. A “material change” is defined as a substantial change that affects the terms of use, privacy obligations, increases fees, or reduces the level of service provided to you. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, giving you the opportunity to review the changes before they become effective.
You agree that it is your responsibility to check these Terms periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.
14. Contact Us
If you have any questions about these Terms, please contact us at info@khightower.com
15. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
a) Implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement
b) Any warranty that the services will meet your requirements or expectations
c) Any warranty that the services will be uninterrupted, timely, secure,
or error-free
d) Any warranty regarding the quality, accuracy, or reliability of any
information or content obtained through the services
e) Any warranty that defects will be corrected
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
YOU ACKNOWLEDGE THAT KHIGHTOWER HAS NO CONTROL OVER AND NO DUTY TO TAKE ANY ACTION REGARDING:
– Which users gain access to the services
– What content you access via the services
– How you may interpret or use the content
– What actions you may take as a result of exposure to the content
YOU RELEASE KHIGHTOWER FROM ALL LIABILITY FOR YOUR ACQUISITION OR FAILURE TO ACQUIRE CONTENT THROUGH THE SERVICES.
16. FORCE MAJEURE
KHightower shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of any cause beyond
its reasonable control, including but not limited to:
a) Acts of God, fire, flood, earthquake, or other natural disasters
b) War, invasion, hostilities, terrorist acts, riot, or other civil unrest
c) Government order, law, or action
d) Embargoes or blockades
e) National or regional emergency
f) Strikes, labor stoppages, or slowdowns
g) Telecommunications, internet, or utility failures
h) Third-party service provider outages (including but not limited to
AWS, Twilio, Google, Stripe)
i) Cyberattacks, hacking attempts, or DDoS attacks
During any force majeure event:
– Performance obligations are suspended for the duration
– Subscription fees may be prorated for downtime exceeding 72 hours
– We will make reasonable efforts to minimize impact and notify customers
– This does not excuse payment obligations for services already rendered
17. EXPORT CONTROLS
You agree to comply with all applicable export and import control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.
You represent and warrant that you are not:
a) Located in a country subject to U.S. government embargo
b) Listed on any U.S. government list of prohibited or restricted parties
c) A national or resident of Cuba, Iran, North Korea, Syria, or Crimea
You will not use our AI technology or services to develop nuclear, chemical, or biological weapons or for any prohibited end-use.
18. DMCA COPYRIGHT POLICY
KHightower respects intellectual property rights and expects users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).
If you believe your copyrighted work has been copied in a way that constitutes infringement and is accessible via our services, please notify our DMCA Agent:
KHightower DMCA Agent
Email: info@khightower.com
Your notice must include:
a) Physical or electronic signature of copyright owner or authorized agent
b) Identification of the copyrighted work claimed to be infringed
c) Identification of the infringing material and location information
d) Your contact information (address, telephone, email)
e) A statement that you have good faith belief the use is not authorized
f) A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner Counter-Notice: If you believe content you uploaded was wrongly removed, you may file a counter-notice with the same DMCA Agent.
Repeat Infringer Policy: We will terminate accounts of users who are repeat copyright infringers.
19. ELECTRONIC COMMUNICATIONS AND SIGNATURES
By using our services, you consent to receive electronic communications from us, including emails, text messages, and notices posted on our website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
You agree to conduct transactions with us by electronic means, including:
– Accepting these Terms by clicking “I Agree” or similar button
– Signing up for services through our website
– Making payments through electronic payment processors
– Receiving invoices, receipts, and statements electronically
You acknowledge that your electronic acceptance constitutes your agreement to be bound by these Terms and is the legal equivalent of your handwritten signature.
To withdraw consent to electronic communications, email info@khightower.com. Withdrawal may result in termination of services that require electronic communication.
20. BETA FEATURES AND EXPERIMENTAL SERVICES
From time to time, we may offer beta, pilot, or experimental features (“Beta Features”) that are not generally available to all customers.
By accessing Beta Features, you acknowledge:
a) Beta Features are provided “AS IS” with no warranty whatsoever
b) Beta Features may be discontinued at any time without notice
c) Beta Features may contain bugs, errors, or cause data loss
d) You use Beta Features at your own risk
e) Feedback you provide about Beta Features becomes our property
f) We may use your feedback without compensation or attribution
g) Beta Features are not covered by our Service Level Agreement
h) Beta Features may be subject to additional terms provided at enrollment
We reserve the right to:
– Modify or discontinue Beta Features without notice
– Limit access to Beta Features
– Transition Beta Features to paid services
– Remove Beta Features from your account
YOU WAIVE ANY CLAIMS AGAINST KHIGHTOWER ARISING FROM YOUR USE OF BETA FEATURES.
21. DATA PROCESSING AND PRIVACY
Data Controller/Processor Relationship:
For purposes of data protection law, you are the “Data Controller” and KHightower is the “Data Processor” with respect to customer data you upload or collect through our services.
As Data Processor, we:
a) Process personal data only on your documented instructions
b) Ensure personnel processing data are bound by confidentiality
c) Implement appropriate technical and organizational security measures
d) Assist you in responding to data subject rights requests
e) Delete or return personal data at the end of service provision
f) Make available information necessary to demonstrate compliance
Your Obligations as Data Controller:
a) Ensure you have legal basis to collect and process personal data
b) Provide required privacy notices to your customers
c) Obtain necessary consents for data processing
d) Respond to data subject access requests
e) Comply with CCPA, GDPR, and other applicable privacy laws
Subprocessors:
We may engage third-party subprocessors (AWS, Twilio, Google, etc.) to process data. Current subprocessor list available at:
[khightower.com/subprocessors]
International Transfers:
Data may be transferred to and processed in the United States and other countries. We use Standard Contractual Clauses for EU data transfers.
Data Breach Notification:
In the event of a data breach affecting your customer data, we will notify you within 72 hours of discovery.
Data Retention:
We retain customer data for the duration of your subscription plus 30 days. You may request earlier deletion.
For our full Data Processing Addendum (DPA), contact: info@khightower.com
22. ASSIGNMENT
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this section is void.
We may assign these Terms:
a) To any affiliate or subsidiary
b) In connection with a merger, acquisition, or sale of assets
c) To any successor entity
Assignment does not relieve either party of obligations accrued prior to the assignment1