Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of FireHorse Branding's website, services, and subscription plans. By accessing our website, submitting our intake form, or subscribing to any service, you agree to be bound by these Terms. If you do not agree, do not use our services.

"You" refers to the individual or entity subscribing to our services. "We," "us," and "our" refer to FireHorse Branding, a business operating in Dallas-Fort Worth, Texas.

2. Service Description

FireHorse Branding provides AI-powered marketing automation services, including but not limited to:

• AI-generated social media content creation for Facebook, Instagram, and Google Business Profile
• Automatic posting and scheduling via Buffer and other scheduling tools
• Website content management and SEO optimization
• Video reel creation and distribution
• Monthly analytics reporting
• Brand voice customization and content strategy
• Optional add-on services including advertising management, email marketing, and landing page creation

We use artificial intelligence and automation tools to create, schedule, and publish marketing content on your behalf. You grant us permission to access your social media accounts and website for the purpose of delivering these services.

3. Package Tiers and Pricing

Subscription Packages

Setup Fee

All packages require a one-time setup fee of $1,199 (subject to promotional discounts). This fee covers:

• System configuration for your accounts
• AI customization to your brand voice
• Brand profile development
• Platform integration and access setup
• Content library with initial templates
• 30-day onboarding support

The setup fee is non-refundable once work has commenced.

Add-On Services

Optional add-on services are available at the prices listed on our website. Add-on pricing is subject to change with 30 days notice. Add-on services are billed in addition to your base package.

4. Payment Terms

• Billing cycle: Monthly subscriptions are billed in advance on the same date each month as your initial subscription date.
• Payment method: All payments are processed securely through Stripe. You must maintain a valid payment method on file.
• Failed payments: If a payment fails, we will attempt to retry. If payment is not resolved within 7 days, services may be suspended. After 30 days of non-payment, your account may be terminated.
• Setup fee: The one-time setup fee is due before work begins and is charged upon subscription activation.
• Price changes: We may change pricing with 30 days written notice. Existing subscribers will be grandfathered at their current rate for the remainder of their current billing cycle, after which the new rate applies.
• Taxes: You are responsible for any applicable taxes on services provided.

5. Cancellation

• Month-to-month: All subscriptions are month-to-month with no long-term contracts.
• Notice period: To cancel, provide 30 days written notice via email to jeff@firehorsebranding.com. You are responsible for the final month's payment during the notice period.
• Effective date: Cancellation takes effect at the end of the 30-day notice period. No prorated refunds are issued for partial months.
• Credential deletion: Upon cancellation, we securely delete your social media credentials within 90 days. All content posted during your subscription remains on your accounts.
• Content archive: We provide a content archive of posts created during your subscription upon request.

6. "Build As You Pay" Layaway Program

For clients who prefer to spread the setup fee over time, we offer a "Build As You Pay" layaway program:

• How it works: Instead of paying the full setup fee upfront, you make monthly installment payments until the setup fee is fully paid.
• Service activation: Full marketing services begin only after the setup fee is fully paid. During the layaway period, limited preliminary work may be done (brand profile, voice analysis) but content creation and posting do not begin.
• Installment schedule: Installment amounts and schedule are agreed upon at enrollment. Minimum installment is $100/month.
• Non-refundable: Layaway payments are non-refundable. If you discontinue the layaway program, payments already made are credited toward future services if resumed within 6 months.
• No interest: The layaway program charges no interest or fees. You pay the same total setup fee as upfront payers.
• Monthly subscription: Once the setup fee is fully paid, your monthly subscription billing begins and services activate.

7. Intellectual Property

Content We Create

All content created by FireHorse Branding for you during an active subscription — including social media posts, graphics, video reels, blog posts, and website content — is your property upon creation. You own all rights to content posted to your accounts.

Our Tools and Systems

Our AI systems, content generation methods, templates, workflows, and proprietary processes remain the intellectual property of FireHorse Branding. You may not reverse-engineer, copy, or resell our systems or methods.

Client-Provided Materials

You retain ownership of all materials you provide to us, including logos, photos, brand guidelines, and business information. You grant us a license to use these materials for the purpose of creating marketing content on your behalf.

Content Archive

Upon cancellation, you may request a content archive of all posts created during your subscription. This archive is provided in a standard digital format.

8. Acceptable Use

You agree to:

• Provide accurate and truthful information during onboarding and intake
• Maintain ownership of or proper authorization for all social media accounts and websites you ask us to manage
• Not use our services for illegal, deceptive, or fraudulent purposes
• Not use our services to create content that infringes on third-party intellectual property
• Not use our services to create content that is defamatory, harassing, or discriminatory
• Not attempt to access, copy, or distribute our proprietary systems or methods
• Promptly inform us of any unauthorized access to your accounts

We reserve the right to refuse service or terminate accounts that violate these terms.

9. Limitation of Liability

To the maximum extent permitted by law:

• FireHorse Branding shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from our services shall not exceed the total amount you paid us in the 3 months preceding the claim
• We are not liable for social media platform changes, algorithm updates, account suspensions, or content removal by third-party platforms
• We are not liable for any loss of business, revenue, or profits resulting from social media performance or lack thereof
• We are not liable for third-party service outages (Facebook, Instagram, Google, Stripe, Buffer, Netlify)
• We do not guarantee specific results, follower counts, engagement rates, or lead generation

10. Refund Policy

• Setup fee: Non-refundable once work has commenced. If you cancel before work begins, a full refund of the setup fee is available.
• Monthly subscription: No refunds for partial months. If you cancel mid-month, service continues until the end of the billing cycle.
• White Rabbit demo ($99): Non-refundable. The demo is a time-limited evaluation service.
• Add-on services: One-time add-on purchases are non-refundable once work has begun. Monthly add-on subscriptions follow the same cancellation terms as base packages.
• "Build As You Pay" layaway: Payments are non-refundable but may be credited toward future services if resumed within 6 months.
• Exception: If we terminate your account for our own reasons (not due to your violation of these Terms), we will issue a prorated refund for the current billing period.

11. Account Termination

We may terminate or suspend your account if:

• You violate these Terms of Service
• You fail to maintain payment for 30+ days
• You use our services for fraudulent or illegal purposes
• Your social media accounts are terminated by the platform for violations
• You request content that we cannot ethically or legally produce

Upon termination, you remain responsible for any outstanding fees. We will securely delete your credentials and provide a content archive upon request.

12. Dispute Resolution

Governing Law

These Terms and any disputes arising from them shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Tarrant County, Texas. You consent to the personal jurisdiction of these courts.

Informal Resolution

Before filing any legal action, both parties agree to attempt to resolve the dispute through good-faith negotiation for a period of 30 days. You agree to first contact us at jeff@firehorsebranding.com with a detailed description of the dispute.

Class Action Waiver

Any dispute shall be resolved individually, and not as part of a class action or representative proceeding.

13. Indemnification

You agree to indemnify and hold harmless FireHorse Branding and its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of our services
• Your violation of these Terms
• Content you provide or approve for publication
• Infringement of third-party rights through materials you provide

14. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that:

• Our services will be uninterrupted, error-free, or secure at all times
• Specific marketing results, follower growth, or engagement rates will be achieved
• Content created by our AI will be free of errors or require no editing

We do warrant that we will perform our services with reasonable care and in accordance with industry standards for marketing automation services.

15. Changes to These Terms

We may update these Terms at any time. We will post the updated version on this page and update the "Last Updated" date. If we make material changes, we will notify active clients via email at least 30 days before the changes take effect. Continued use of our services after the effective date constitutes acceptance of the updated Terms.

16. Contact Information

If you have questions about these Terms of Service, please contact us:

• Email: jeff@firehorsebranding.com
• Location: Dallas-Fort Worth, Texas
• Website: firehorsebranding.com