First Due Media LLC Terms of Service

1. Definitions

Company means First Due Media LLC.

First Ignite AI means the proprietary software as a service platform provided by the Company.

Services means First Ignite AI, related websites, applications, integrations, features, and support services.

User means any individual or entity accessing the Services.

Wallet means the prepaid account balance used for usage based charges.

2. Scope of Services

First Ignite AI is a business automation and marketing software platform that includes CRM functionality, messaging, telephony, email delivery, AI powered tools, workflows, analytics, and related features.

The Services are intended for lawful business use only. The Services are not designed to meet industry specific regulatory requirements such as HIPAA, GLBA, or FINRA unless expressly agreed in writing.

You are solely responsible for compliance with all applicable laws related to your use of the Services.

3. User Eligibility and Authority

You must be at least eighteen years old and have the legal authority to enter into these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

Accounts are owned by the original account holder and may not be transferred without written consent. You must promptly notify the Company of any unauthorized access or security incident.

5. Professional Services Outside First Ignite AI

From time to time, the Company may provide services not delivered through the First Ignite AI platform, including but not limited to website development, WordPress services, hosting or maintenance, digital marketing services, consulting, creative services, or other custom work (“Professional Services”).

Unless otherwise agreed in writing, Professional Services are not subscriptions, are not part of the First Ignite AI platform, and are non refundable once work has commenced.

Professional Services may be governed by a separate proposal or statement of work. In the event of a conflict, the scope and pricing in the statement of work controls, while these Terms govern all other matters.

The Company does not guarantee outcomes, performance, rankings, conversions, uptime, security, or compatibility for Professional Services.

The Company is not responsible for third party hosting providers, WordPress core, themes or plugins, client provided hosting environments, or third party software failures.

6. Client Cooperation and Project Abandonment

Certain Professional Services require timely input, materials, approvals, credentials, or information from the client.

You agree to provide all required materials within thirty days of request unless otherwise agreed in writing.

If required materials are not provided, the Company’s obligations are suspended, project timelines are extended accordingly, and no refunds are issued for delays caused by the client.

If required materials are not provided within ninety days, the project may be deemed abandoned at the Company’s discretion. Upon abandonment, all fees paid are forfeited, the Company has no further obligation to perform, and any remaining or resumed work requires a new agreement or a reactivation fee.

This provision applies regardless of payment status.

7. Subscriptions and Billing

Services are provided on a subscription basis and automatically renew unless canceled.

You authorize the Company and its payment processors to charge your payment method for subscription fees, usage based charges, add on services, taxes, regulatory fees, and carrier surcharges.

8. Usage Based Charges and Wallet

Certain features incur usage based charges billed through the Wallet.

Usage based charges are never refundable under any circumstances.

Wallet credits have no cash value, are non refundable, non transferable, expire monthly, and do not roll over. Wallet balances may be auto recharged according to your settings to prevent service interruption.

9. Refunds

30 Day Money Back Guarantee: New customers may request a refund of base subscription fees only within thirty days of initial purchase.

Refunds do not include usage based charges, Wallet balances, add ons, taxes, fees, or third party costs.

Annual plans are refunded by removing the annual discount and prorating the remaining monthly value within the refund window.

Refund requests must be submitted by email to [email protected] from the registered account email address. The Company reserves the right to deny refunds for abuse, fraud, or excessive usage.

10. Cancellation

Cancellation requests must be submitted by email. Cancellation stops future renewals but does not terminate access during the current paid billing period.

No prorated refunds are provided except as expressly stated in these Terms. The Company may suspend or terminate access immediately for nonpayment, abuse, or violations of these Terms.

11. Promotions and Credits

Promotional credits have no monetary value, are not refunds, are non transferable, and may be revoked at any time.

12. Prohibited Uses

You may not violate laws or third party rights, send unlawful communications, circumvent fees or limits, reverse engineer the Services, or operate the Services as a service bureau without written authorization.

13. User Content and License

You retain ownership of your content but grant the Company a worldwide, royalty free license to host, process, and use content solely to provide and improve the Services and to comply with law.

14. SMS, Telephony, and Communication Compliance

You are solely responsible for compliance with TCPA, CTIA guidelines, carrier rules, and consent requirements. Delivery is not guaranteed.

15. Third Party Services and Outages

The Services rely on third party providers including cloud infrastructure, DNS, telecommunications carriers, AI model providers, email delivery services, and payment processors.

The Company is not responsible for third party outages, service degradation, or events outside its control. No refunds or credits are owed for such events.

16. Data Retention

You are responsible for exporting your data. Upon termination or expiration, data may be deleted at the Company’s discretion pursuant to its retention policies.

17. Disclaimers

The Services are provided as is and as available without warranties of any kind. The Company does not guarantee results, uptime, deliverability, or error free operation.

18. Limitation of Liability

To the maximum extent permitted by law, total liability is limited to the amounts paid by you to the Company during the twelve months preceding the claim. The Company is not liable for indirect, incidental, or consequential damages.

19. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from your use of the Services or violation of law.

20. Governing Law and Dispute Resolution

These Terms are governed by Texas law. Disputes shall be resolved by binding arbitration in Harrison County, Texas, except for claims involving injunctive or intellectual property relief. Class actions are not permitted.

21. Entire Agreement and Supersession

These Terms constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements, terms, policies, or understandings relating to the Services, except where a separate written agreement or statement of work expressly states otherwise.

For existing customers, these Terms apply prospectively from the effective date and govern continued use of the Services and any new or resumed services.

22. Modifications

The Company may modify these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.