Terms and Conditions

Effective Date: May 21, 2026Welcome to Nimble Fox Marketing. These Terms and Conditions ("Terms") govern your access to and use of nimblefoxmarketing.com (the "Site") and the marketing services we provide, including AI-powered email and chat marketing systems (collectively, the "Services").By accessing the Site, booking a strategy call, or engaging us as a client, you agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.1. About UsNimble Fox Marketing ("Nimble Fox," "we," "us," or "our") provides marketing strategy and implementation services, including AI-powered email and chat marketing systems designed to help businesses generate leads and drive sales.2. EligibilityYou must be at least 18 years old and legally capable of entering into a binding contract to use our Site or Services. By using the Site or engaging us, you represent and warrant that you meet these requirements and, if you are using the Services on behalf of a business, that you have authority to bind that business to these Terms.3. Strategy Calls and ConsultationsWe offer free strategy calls to discuss whether our Services are a fit for your business. These calls are informational only and do not create a client relationship or obligation to engage us. Any advice or information shared during a strategy call is general in nature and not a substitute for a tailored marketing engagement.4. Services and EngagementIf you choose to engage us as a client, the specific scope, deliverables, fees, payment terms, and timeline for your project will be set out in a separate written agreement, statement of work, or proposal ("Client Agreement"). In the event of a conflict between these Terms and a Client Agreement, the Client Agreement controls for that engagement.Unless otherwise agreed in writing, we provide Services on a "best efforts" basis. We guarantee specific results — we do not guarantee any particular volume of leads, sales, conversions, open rates, or revenue.5. Client ResponsibilitiesTo deliver the Services effectively, we rely on your timely cooperation. As a client, you agree to:* Provide accurate, complete, and current information about your business, products, and customers
* Respond to requests for information, approvals, and feedback within reasonable timeframes
* Provide access to systems, accounts, and tools necessary for us to perform the Services
* Ensure that any customer data, email lists, or contact information you share with us was collected lawfully and that you have the right to use it for marketing purposes
* Comply with all applicable laws, including anti-spam laws (such as CAN-SPAM, CASL, and GDPR/UK GDPR), consumer protection laws, and advertising regulations
Delays caused by your failure to provide required information or approvals may affect timelines and deliverables but do not relieve you of payment obligations.6. Fees and PaymentFees for Services will be specified in your Client Agreement. Unless otherwise agreed, invoices are due upon receipt. Late payments may be subject to interest charges and may result in suspension or termination of Services.All fees are non-refundable except as expressly stated in your Client Agreement or as required by law.7. Intellectual Propertya. Our MaterialsThe Site, our methodologies, frameworks, templates, software, AI prompts, automations, training materials, and all other content created or owned by Nimble Fox (collectively, "Our Materials") are protected by copyright, trademark, and other intellectual property laws. We retain all rights, title, and interest in Our Materials. You may not copy, reproduce, distribute, modify, or create derivative works from Our Materials without our prior written consent.b. Client MaterialsYou retain ownership of all content, branding, customer data, and other materials you provide to us ("Client Materials"). You grant us a limited, non-exclusive license to use Client Materials solely to deliver the Services to you.c. DeliverablesUpon full payment, you receive ownership of the final deliverables produced specifically for your engagement (such as email copy and campaign content), unless your Client Agreement says otherwise. We retain ownership of any underlying tools, systems, frameworks, or pre-existing materials we incorporate into the deliverables.8. AI-Powered ServicesOur Services use artificial intelligence, machine learning, and automation tools to build and operate marketing systems. You acknowledge that:* AI-generated content may require human review and editing before deployment
* AI tools rely on third-party platforms whose availability, performance, and pricing are outside our control
* AI outputs are probabilistic and may occasionally produce errors, inaccuracies, or unexpected results
* You are responsible for reviewing and approving AI-generated content before it is sent to your customers
9. Acceptable UseYou agree not to use the Site or Services to:* Violate any applicable law or regulation
* Send unsolicited spam, phishing emails, or fraudulent communications
* Promote illegal products, services, or activities
* Infringe the intellectual property, privacy, or other rights of any third party
* Transmit malware, viruses, or other harmful code
* Interfere with the operation of the Site or Services or attempt to gain unauthorized access
* Engage in deceptive, misleading, or harassing conduct
We reserve the right to suspend or terminate Services and refuse engagement to anyone who violates these terms.10. ConfidentialityEach party agrees to keep confidential any non-public business, financial, or technical information disclosed by the other party in connection with the Services. Confidential information may only be used to perform obligations under these Terms and the Client Agreement, and must be protected with at least the same degree of care that the receiving party uses for its own confidential information.11. Third-Party ServicesOur Services may rely on or integrate with third-party platforms (such as email service providers, CRMs, scheduling tools, payment processors, and AI providers). We are not responsible for the availability, performance, security, or terms of these third-party services. Your use of any third-party service is subject to that provider's own terms and policies.12. DisclaimersTHE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THEY WILL PRODUCE ANY SPECIFIC BUSINESS RESULT. Any marketing results referenced on the Site or in marketing materials are examples, not guarantees.13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIMBLE FOX MARKETING AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.14. IndemnificationYou agree to indemnify, defend, and hold harmless Nimble Fox Marketing and its owners, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:* (a) your use of the Site or Services
* (b) your violation of these Terms
* (c) your violation of any law or third-party right
* (d) any content, data, or materials you provide to us, including customer email lists
15. TerminationWe may suspend or terminate your access to the Site or Services at any time, with or without notice, if you breach these Terms or if we determine, in our sole discretion, that continued service is not appropriate. Either party may terminate a client engagement in accordance with the terms of the applicable Client Agreement.Upon termination, you remain responsible for any fees owed through the effective date of termination. Sections of these Terms that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive termination.16. Governing Law and Dispute ResolutionThese Terms are governed by the laws of the United States of America, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms or the Services will be resolved exclusively in the state or federal courts located in the United States of America, and you consent to the personal jurisdiction of those courts.Before filing a formal claim, the parties agree to attempt to resolve the dispute through good-faith negotiation for at least thirty (30) days.17. Changes to These TermsWe may update these Terms from time to time. The Effective Date at the top of this page indicates when they were last revised. Material changes will be posted on this page and, where appropriate, communicated to you directly. Your continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.18. Miscellaneous* Entire Agreement: These Terms, together with any applicable Client Agreement and our Privacy Policy, constitute the entire agreement between you and us regarding the Site and Services.
* Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
* No Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
* Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
* Independent Contractors: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.
19. Contact UsIf you have questions about these Terms, please contact us at:Nimble Fox Marketing

Email: [email protected]

Website: https://nimblefoxmarketing.com
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