These Terms of Service (“Terms”) govern our website, advertising and marketing products and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing, using, accepting or agreeing to our proposals and sales orders, you agree to be bound by these Terms.
License (websites, landing pages and funnels)
We will design and implement a website, landing page or funnel at your domain based on the information you provide us. Upon your approval, the site will be moved from the test area and installed live. We require that you approve or submit changes to your website, landing page or funnel in the time allotted in your proposal and intake forms. Your billing will begin as indicated on the proposal.
Any materials you give us to post or use on your site that are your original copyright will remain your original copyright and will not be affected by this agreement.
As a subscriber of this product, we grant you a limited non-exclusive, royalty-free, worldwide license to the written content and graphic materials that we provide with your Product during your subscription period. Your subscription period runs from your initial payment date to 30 days after your final payment date. You agree and shall NOT share, give, sell, or transfer the product materials to anyone else, including contractors, vendors, or employees of your firm. You agree to stop using our written content and graphic materials once your subscription period ends. All websites, funnels, CRM products and landing pages are offered as a SaaS (software as a service) based product and is not transferable in whole or in part to any other provider or host.
No part of product materials may be reproduced, stored in retrieval systems, or transmitted in any form or by any means – including but not limited to electronic, mechanical, photocopying, and recording – beyond the license agreement without prior written permission from ThriveFuel, LLC.
The site may be built on a WordPress platform or our proprietary platform ThriveFuel360, depending on the products services you have selected and are needed to reach your marketing and business goals.
Other Products and Services
Unless otherwise stated in your proposal, ThriveFuel, LLC products and services are offered as a monthly subscription as a service, or Marketing As A Service (MaaS.)
ThriveFuel, LLC uses commercially available tools as well as proprietary software, tactics, strategies and methods within our technology stack. You agree to keep this information confidential and not to reverse engineer or otherwise deconstruct our processes.
What You Own
Content contributed by you or a third party contracted and paid by you. We advise that you backup, copy and keep content that is owned by you in a separate location from your website, landing page or funnel for future use.
Your domain name, whether purchased for you on your behalf or purchased and managed by you, is exclusively your property. ThriveFuel is not responsible for domain names or DNS services managed or purchased by third parties.
In the event you cancel your service and wish to have your property transferred or delivered to another party or yourself ThriveFuel will promptly make all reasonable commercial efforts to do so within 5 business days after your final invoice is paid and your account with ThriveFuel is closed.
What ThriveFuel, LLC Owns
All content created by ThriveFuel, LLC and used to populate site. Articles, videos, themes, templates graphics and other content used and published on your website is owned by ThriveFuel, LLC. The platform, whether ThriveFuel360 or our technology stack, which may include WordPress, custom themes, integrations and other technology is proprietary to ThriveFuel and under no circumstances will be transferred, moved or migrated to any other provider for any reason.
In the event that you contract with ThriveFuel, LLC to produce content for your website or other marketing needs ThriveFuel, LLC grants you a perpetual, worldwide license to use such content.
Your Responsibility
You will be responsible for completing the items we request from you accurately, on time and completely. These items and any other items that we obtain from you will be based on information provided by you and will be used without any further verification or investigation on our part. Failure to complete items on time will result in delays to your campaigns, websites, funnels, landing pages and other marketing materials assets and services. Delays such as these will not change or impact your billing schedule and you will be billed for services if you fail to respond completely, accurately and do not work in good faith to launch your website, funnel or marketing plan.
Please be sure to clearly communicate, answer any questions from our team and return information to us as promptly as possible.
You will also be responsible for reviewing the copy and correcting any errors or misleading statements about you.
We do not recommend nor do we support WordPress forms on your website. Instead we recommend you use a CRM, like ThriveFuel360, with forms capability or an email marketing system with opt-in capability.
We shall not be responsible for discovering errors, misrepresentations, fraud, illegal acts, or theft, and therefore, have not included any procedures designed or intended to discover such acts, and you agree we have no responsibility to do so.
Payment & Billing
We will begin building the Product upon Purchaser’s initial monthly payment. Purchasers agree to pay in full and on time.
Your payment schedule will be provided in your proposal. If the payment schedule is not clear to you please be sure to ask your account executive to explain the payment schedule and terms.
If full payment is not collected within 30 days of the due date we will, at our sole discretion, discontinue all services and turn your account over to collections. Purchaser shall reimburse ThriveFuel, LLC. for any additional collection fees, late fees, accounting fees, processing fees, and legal fees incurred to collect past due payments of clients.
Termination
The terms of this agreement begin on the date you purchase the Product and will continue on an as needed basis or until either party terminates the agreement. This engagement is made on a time-and-materials, best-efforts basis. ThriveFuel, LLC. may terminate or suspend your account at any time, with or without cause or notice to you. Upon termination, you continue to be bound by the License, Intellectual Property, No Warranties, and Payment sections of these Terms.
Unless otherwise stipulated in your signed proposal or sales order, all monthly services require a minimum 90 day commitment. Cancelations made inside of 90 days from your campaign start date will incur a cancelation fee equal to the setup fee or $950, whichever is greater. Prepaid amounts may be applied to future services but shall not be refunded.
Refunds
Unless otherwise agreed or offered in writing, there are no refunds of any kind and all payments are final. Cancellations made within 10 days of your next billing cycle shall incur an additional billing period for all products and services. Under no circumstances will cancellations be considered retroactive or apply in anyway to payments made to ThriveFuel. Cancelations must be in writing and mailed to our office address or emailed to your account executive with a copy going to info@thrivefuel.com and billing@thrivefuel.com.
No Warranties
We disclaim all warranties, express or implied, with respect to the goods or services provided hereunder, including implied warranties of merchantability and fitness for a particular purpose. You acknowledge that we have not made and you are not relying upon any representations or promises of performance except those expressly set forth in these terms.
Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, including but not limited to, negligence, negligent misrepresentation, or breach of contract, made by third parties based in whole or in part on a claim that such party was damaged as a result of any act by you or us related in any way to the product.
No Manufacturers Warranties
We may recommend a purchase and installation of computer or technological hardware, software, communications, or services by your company. Warranties, to the extent they exist, are provided only by the manufacturer/vendor of those computer products. We specifically disclaim all warranties, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, regarding the functionality or capability of the computer products installed by you, any third party vendor, or us as part of this engagement.
Security
We care about the security of our users. While we work to protect the security of your content and account, ThriveFuel, LLC. cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). You agree to comply with all applicable laws in relation to your website and marketing services use.
