Customer agreement

Ad Fire LLC & Customer Agreement

This Agreement ("Agreement") is entered into between Ad Fire LLC ("Company", "we", "us", or "our"), a limited liability company organized under the laws of South Carolina, with its principal place of business in Charleston, South Carolina, and the undersigned Customer ("Customer", "you", or "your").

Effective Date: [Digital Date Placeholder - To be automatically populated upon digital signature]

By digitally signing and dating this Agreement, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions herein, as well as the Company's Privacy Policy (available at https://adfire.media/privacy-policy) and any incorporated terms from the Company's Terms of Service (available at https://adfire.media/terms-of-service). This Agreement governs your use of the Company's digital marketing services ("Services"), including but not limited to AI-powered lead generation, Email/SMS Marketing campaigns, AI Agent Funnels, Local Content Marketing, Paid Advertising, Google Business Profile optimization, advanced analytics, and related offerings.

1. Services

The Company provides digital marketing solutions tailored for local service businesses. Services are provided on a month-to-month basis unless otherwise specified in a separate service order or addendum. The specific Services to be provided will be outlined in a separate service proposal or order form, which is incorporated herein by reference.

All Services are subject to the Company's discretion and may be modified, withdrawn, or amended as needed to comply with applicable laws or business requirements.

2. Term and Cancellation

Month-to-Month Basis: All Services are provided on a month-to-month basis, commencing on the Effective Date or the date Services begin, whichever is later.

Initial Commitment and Cancellation: Services require an initial commitment of at least 31 days from the start date. After the first 31 days, you may cancel Services at any time by providing written notice to the Company via email at [contact email, e.g., [email protected]] or through the designated customer portal on adfire.media. Cancellation will be effective at the end of the current billing cycle following receipt of notice.

Company Termination Rights: The Company reserves the right to terminate this Agreement and/or your access to Services at any time, for any reason or no reason, in its sole discretion, without prior notice or liability. Upon termination, you must cease all use of Services and, at the Company's option, return or destroy any materials provided.

3. Ownership of Digital Marketing Assets

You own 100% of the digital marketing assets specifically created and managed by the Company on your behalf under this Agreement, including but not limited to custom content, campaigns, funnels, advertisements, and analytics data generated for your business (collectively, "Customer Assets"). The Company grants you a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and distribute such Customer Assets upon full payment for the associated Services.

Notwithstanding the foregoing, the Company retains ownership of its proprietary tools, software, templates, methodologies, and any pre-existing intellectual property used in providing Services. You agree not to reverse engineer, reproduce, or distribute the Company's proprietary materials.

4. Payment Terms

Payments for Services shall be made in accordance with the rates and schedule outlined in the service proposal or order form. All fees are non-refundable except as required by law. You authorize the Company to charge your provided payment method for recurring monthly fees. Late payments may incur fees or result in suspension of Services.

5. SMS/Text Messaging Program

If you provide your mobile phone number and consent to receive SMS/MMS messages, you agree to the following:

You provide express written consent for the Company to send recurring automated promotional and informational text messages, including updates, tips, offers, promotions, and service announcements.

Message frequency varies (up to 4–8 per month). Message and data rates may apply.

To opt out of promotional messages, reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Service-related messages may continue.

Reply HELP for assistance. The Company is not liable for delayed or undelivered messages or carrier charges.

6. Representations and Warranties

You represent that you are at least 18 years old and authorized to enter into this Agreement. Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee results, accuracy, or uninterrupted access.

7. Limitation of Liability

To the fullest extent permitted by law, the Company, its affiliates, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to this Agreement or Services, including loss of profits, data, or business opportunities. Total liability shall not exceed the fees paid by you in the preceding 12 months.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising from your use of Services, breach of this Agreement, or violation of any law or third-party rights.

9. Dispute Resolution and Governing Law

This Agreement is governed by the laws of South Carolina, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Charleston, South Carolina. At the Company's option, disputes may be submitted to binding arbitration under the American Arbitration Association rules. Any claim must be brought within one (1) year after it accrues.

10. Miscellaneous

Amendments: The Company may amend this Agreement at any time by posting updates on adfire.media. Continued use of Services constitutes acceptance.

Entire Agreement: This Agreement, together with any service orders and the incorporated Terms of Service and Privacy Policy, constitutes the entire understanding between the parties.

Severability: If any provision is held invalid, the remainder shall continue in full force.

No Waiver: Failure to enforce any right does not constitute a waiver.

Assignment: You may not assign this Agreement without the Company's consent; the Company may assign freely.

Force Majeure: Neither party is liable for delays due to events beyond reasonable control.

By digitally signing below, you confirm your acceptance of this Agreement.

Ad Fire LLC Representative: Thomas Jacobs, CEO