These Terms of Use ("Terms") govern your access to and use of the website located at www.trygameplan.com (the "Site") and the managed website and marketing service offered by Gameplan Technologies, LLC ("Gameplan," "we," "us," or "our"), including the build, hosting, SEO/AEO, content, and related services described on our pricing page (together, the "Service").

By visiting the Site, subscribing to the Service, or otherwise using either, you agree to these Terms. If you do not agree, please do not use the Site or the Service.

1. Acceptance of terms

By accessing the Site or entering into an agreement with us for the Service, you confirm that you have read, understood, and agree to be bound by these Terms, and by our Privacy & Cookie Policy, which is incorporated into these Terms by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Definitions

  • "Client" means the individual or company that subscribes to the Service.
  • "Agreement" means these Terms together with any order form, statement of work, or plan selected on our pricing page.
  • "Deliverables" means the website, copy, and content Gameplan builds and delivers to the Client under the Service.
  • "Gameplan IP" means our proprietary frameworks, tooling, templates, agent system, and other pre-existing intellectual property described in Section 7.

3. The service

Gameplan provides a managed website and growth engine: a custom website build, ongoing hosting and technical SEO/AEO, and, depending on plan, content creation and marketing support, as described on our pricing page. We may add, change, or retire features of the Service from time to time to improve it, and we will use reasonable efforts to notify Client of material changes.

4. Subscription and billing

The Service is provided under a one-time website build fee and a recurring monthly subscription fee, in the amounts and for the plan selected by Client at signup, as published on our pricing page at the time of purchase. The build fee is due upfront. The monthly subscription fee is billed monthly in advance and continues until cancelled under Section 5.

Client is responsible for providing accurate billing information and for all charges incurred under Client's account. We may change our pricing for future billing periods with reasonable advance notice.

5. Cancellation and refunds

The Service is month-to-month. Client may cancel the monthly subscription at any time. Cancellation stops future billing as of the next billing cycle. Fees already charged for the current or in-progress month are non-refundable, and no partial-month refunds are issued.

The one-time website build fee is a project fee for work performed and is non-refundable once the build has commenced, except as otherwise agreed in writing.

6. Client responsibilities

Client agrees to:

  • Provide timely feedback, approvals, and any content, assets, or account access reasonably needed for Gameplan to perform the Service
  • Keep Client's account and billing information accurate and current
  • Use the Site and Service only for lawful purposes and in accordance with these Terms
  • Be responsible for the accuracy and legality of any content Client provides to Gameplan for publication

7. Deliverable ownership and intellectual property

Upon full payment of all fees due for a given Deliverable, Client owns that Deliverable, including the website, copy, and content created for Client under the Service. Until full payment is made, Gameplan retains ownership of the Deliverables and grants Client a limited license to preview them.

Notwithstanding the foregoing, Gameplan retains all right, title, and interest in and to the Gameplan IP, including our proprietary frameworks, tooling, templates, design system, agent system, and any pre-existing intellectual property, whether or not incorporated into a Deliverable. Nothing in these Terms transfers ownership of the Gameplan IP to Client. Client receives a non-exclusive, non-transferable license to use any Gameplan IP embedded in Client's Deliverables solely as part of operating Client's website.

8. Acceptable use

You agree not to use the Site or Service to: violate any applicable law; infringe the intellectual property or other rights of any third party; transmit any malicious code; attempt to gain unauthorized access to the Site, Service, or related systems; or interfere with the proper functioning of the Site or Service.

9. Third-party services

The Service relies on third-party providers, including hosting and deployment infrastructure, analytics, email delivery, and bot protection. These providers operate under their own terms and privacy policies, which are described further in our Privacy & Cookie Policy. Gameplan is not responsible for the acts or omissions of third-party providers.

10. Disclaimers

The Site and Service are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gameplan does not warrant that the Site or Service will be uninterrupted, error-free, or secure, and does not guarantee any specific search ranking, traffic, or business outcome.

11. Limitation of liability

To the fullest extent permitted by law, Gameplan will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Site or Service. Gameplan's total liability arising out of or related to these Terms or the Service will not exceed the total fees paid by Client to Gameplan in the three months preceding the event giving rise to the claim.

12. Indemnification

Client agrees to indemnify and hold Gameplan harmless from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising from Client's content, Client's use of the Site or Service in violation of these Terms, or Client's violation of any law or third-party right.

13. Changes to these terms

We may update these Terms from time to time. The "Effective date" at the top of this page reflects the most recent revision. Continued use of the Site or Service after a change takes effect constitutes acceptance of the updated Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Texas.

15. Contact

Questions about these Terms? Email legal@trygameplan.com.