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Terms of Service

Last updated: June 4, 2026

1. Agreement to Terms

By accessing our website or engaging FirstMention ("we," "us," or "our") for marketing services, you agree to be bound by these Terms of Service. If you do not agree, do not use our site or services. These terms apply to all visitors, leads, and clients.

2. Services

FirstMention provides digital marketing services for restoration companies including SEO, Google Ads management, website design, and AI automations. The specific scope, deliverables, timelines, and fees for any engagement are defined in a separate Statement of Work or Service Agreement signed by both parties.

3. The 90-Day Guarantee

We offer a results guarantee for qualifying clients. To be eligible:

  • You must complete onboarding within 7 days of signing your service agreement
  • You must provide timely access to all required accounts and assets
  • You must not make material changes to your services or service area during the 90-day period without notifying us
  • You must remain current on all invoices

"Measurable results" means a documented increase in qualified inbound leads compared to your baseline at the time of engagement. The specific definition of results will be agreed upon in writing at the start of the engagement. If the guarantee conditions are met and results are not achieved, the remedy is a full refund of management fees paid for that period. The guarantee does not apply to ad spend passed through to third-party platforms.

4. Payment Terms

Fees are invoiced monthly in advance unless otherwise agreed in writing. Payment is due within 7 days of the invoice date. Late payments accrue interest at 1.5% per month. We reserve the right to pause or terminate services for accounts more than 14 days past due. All fees are in USD and non-refundable except as specified in the guarantee above.

5. Client Responsibilities

You agree to:

  • Provide accurate and complete information about your business
  • Grant us necessary access to accounts (Google Ads, Analytics, website, etc.)
  • Review and approve deliverables within agreed timelines
  • Notify us promptly of any changes that may affect campaign performance
  • Comply with all applicable laws and platform policies

6. Intellectual Property

Upon full payment, you own all creative work and content produced specifically for you under a service agreement (ad copy, website pages, custom graphics). We retain ownership of our proprietary processes, frameworks, templates, and tools. We may reference your business as a client for marketing purposes unless you request otherwise in writing.

7. Confidentiality

Each party agrees to keep the other's confidential business information private and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of the engagement for a period of 2 years.

8. Limitation of Liability

To the maximum extent permitted by law, FirstMention's total liability to you for any claim arising from or related to our services shall not exceed the fees you paid us in the 3 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages including lost profits, lost revenue, or loss of data, even if advised of the possibility of such damages.

9. Disclaimer of Warranties

Except for the explicit 90-day guarantee described in Section 3, our services are provided "as is." We do not guarantee specific rankings, ad performance, or revenue outcomes beyond the guarantee terms. Digital marketing results depend on many factors outside our control, including market conditions, competition, and platform algorithm changes.

10. Termination

Either party may terminate a month-to-month engagement with 30 days' written notice. We may terminate immediately for non-payment, breach of these terms, or fraudulent or illegal activity. Upon termination, we will provide reasonable transition assistance and transfer ownership of your assets and accounts within 14 days.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

12. Changes to These Terms

We may update these Terms of Service at any time. We will notify active clients of material changes by email at least 14 days before they take effect. Continued use of our services after the effective date constitutes acceptance of the updated terms.

13. Contact Us

Questions about these Terms? Reach us at:

FirstMention

hello@firstmention.com