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 regulationsDelays 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 customers9. 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 conductWe 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 lists15. 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— End of Terms and Conditions —
Privacy Policy
Effective Date: May 21, 2026Nimble Fox Marketing ("we," "us," or "our") respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains what information we collect, how we use it, when we share it, and the choices you have regarding your information when you visit nimblefoxmarketing.com (the "Site") or use our marketing services (the "Services").By accessing the Site or using our Services, you agree to the practices described in this Privacy Policy. If you do not agree, please do not use the Site or Services.1. Information We Collecta. Information You Provide to UsWe collect information you voluntarily provide, including when you:* Book a strategy call or consultation through our scheduling tools
* Fill out a contact or inquiry form
* Subscribe to our email list or marketing communications
* Engage us as a client and provide business or billing information
* Communicate with us by email, chat, or phoneThis information may include your name, email address, phone number, business name, job title, website URL, and any other details you choose to share.b. Information Collected AutomaticallyWhen you visit the Site, we may automatically collect certain technical information, including:* IP address and approximate geographic location
* Browser type, device type, and operating system
* Pages visited, time spent on pages, and referral sources
* Cookies, pixel tags, and similar tracking technologiesc. Information from Clients' CustomersAs part of our Services, we may process personal information belonging to our clients' customers or subscribers (for example, email lists used in marketing campaigns). We act as a service provider or data processor with respect to that information and use it only to deliver the Services on behalf of our clients.2. How We Use Your InformationWe use the information we collect to:* Provide, operate, and improve the Site and Services
* Schedule and conduct strategy calls or consultations
* Respond to your inquiries and provide customer support
* Send marketing communications, newsletters, and updates (where permitted by law)
* Build, deploy, and manage email and chat marketing systems for our clients
* Process payments and manage client accounts
* Analyze usage trends and improve our Site's performance
* Comply with legal obligations and enforce our agreements3. Cookies and Tracking TechnologiesOur Site uses cookies and similar technologies to enhance your experience, analyze traffic, and understand how visitors use the Site. You can control cookies through your browser settings, but disabling them may affect the functionality of the Site.We may use third-party analytics tools (such as Google Analytics) that collect aggregated, anonymized data about Site usage.4. How We Share Your InformationWe do not sell your personal information. We may share information in the following circumstances:* Service Providers: We share information with trusted third-party vendors who help us operate our business, such as scheduling platforms, email service providers, payment processors, hosting providers, and analytics services.
* Legal Compliance: We may disclose information if required by law, subpoena, or other legal process, or to protect our rights, property, or safety, or that of others.
* Business Transfers: If we are involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
* With Your Consent: We may share information with other parties when you have given us permission to do so.5. SMS / Text Messaging CommunicationsWhen you provide your mobile phone number through a form on our Site, by booking a strategy call, or by otherwise opting in, you consent to receive SMS text messages from Nimble Fox Marketing related to your inquiry, scheduled appointments, follow-up communications, and marketing updates.No Mobile Information Sharing. We do not share, sell, rent, or transfer your mobile phone number, SMS opt-in data, or consent information to any third parties or affiliates for marketing or promotional purposes. Mobile opt-in data and consent are not shared with any third party, except with subprocessors strictly necessary to deliver the SMS messages you have requested (such as our SMS platform provider).Message Frequency. Message frequency varies based on your interactions with us and the nature of your inquiry or engagement.Message and Data Rates. Message and data rates may apply. Please check with your mobile carrier for details on your text messaging plan.Help and Opt-Out. You can opt out of SMS messages at any time by replying STOP to any message you receive from us. For help, reply HELP or contact us at [email protected]. After replying STOP, you will receive a confirmation message and will no longer receive SMS messages from us unless you opt in again.Eligibility. You must be at least 18 years old and the authorized user or account holder of the mobile phone number provided to enroll in SMS communications.6. AI and Automated Marketing ToolsOur Services use artificial intelligence and automation to build and operate email and chat marketing systems. When you engage us as a client, you understand that:* Customer data you provide may be processed using AI tools to personalize messages, segment audiences, and optimize campaigns
* We require our AI and automation vendors to maintain reasonable security and data protection practices
* You remain responsible for ensuring you have the legal right to share customer data with us, including obtaining any required consents7. Data RetentionWe retain personal information only for as long as necessary to fulfill the purposes described in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce our agreements. When information is no longer needed, we securely delete or anonymize it.8. Data SecurityWe implement reasonable administrative, technical, and physical safeguards designed to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.9. Your Rights and ChoicesDepending on your location, you may have the following rights regarding your personal information:* Access: Request a copy of the personal information we hold about you.
* Correction: Request that we correct inaccurate or incomplete information.
* Deletion: Request that we delete your personal information, subject to legal exceptions.
* Opt-Out: Unsubscribe from marketing emails by clicking the unsubscribe link in any email or contacting us directly. Opt out of SMS messages by replying STOP to any text message you receive from us.
* Data Portability: Request a copy of your information in a portable format.
* Withdraw Consent: Where processing is based on consent, withdraw your consent at any time.To exercise any of these rights, please contact us using the information in Section 14. We will respond within the timeframes required by applicable law.10. Notice for California Residents (CCPA/CPRA)If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA), as amended by the CPRA, including the right to know what personal information we collect, the right to request deletion, the right to correct inaccurate information, and the right to opt out of the sale or sharing of your personal information. We do not sell personal information for monetary value.11. Notice for European/UK Residents (GDPR/UK GDPR)If you are located in the European Economic Area, the United Kingdom, or Switzerland, our legal bases for processing your personal information include: your consent, the performance of a contract, compliance with legal obligations, and our legitimate business interests. You have the right to lodge a complaint with your local data protection authority.12. Children's PrivacyOur Services are intended for businesses and adults. We do not knowingly collect personal information from children under the age of 16. If we learn that we have collected information from a child under 16, we will delete it promptly.13. Changes to This Privacy PolicyWe may update this Privacy Policy from time to time. The Effective Date at the top of this page indicates when it was 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 policy.14. Contact UsIf you have questions, concerns, or requests regarding this Privacy Policy or your personal information, please contact us at:Nimble Fox Marketing
Email: [email protected]
Website: https://nimblefoxmarketing.com— End of Privacy Policy —