Terms & Conditions

1. Who We Are

InfinityStorm Systems provides website design, marketing automation, and CRM/SaaS services for small and local service businesses.

2. Scope of Services

We provide digital marketing and automation services, including but not limited to:

• Website and funnel design
• Booking systems and CRM setup
• SMS and email automation
• SEO optimization and reporting tools
• Ad campaign management and analytics

Some features rely on third-party platforms (e.g., GoHighLevel, Twilio, Stripe, Google, Meta, Microsoft). Your use of those platforms is subject to their respective terms, fees, and policies.

3. Proposals, Changes & Delivery

3.1 Statements of Work (SOW)

Each project or plan may have its own SOW or proposal. If any term conflicts, the SOW controls for that project.

3.2 Change Requests

Requests that affect scope, cost, or delivery timelines require written approval and may impact pricing or schedules.

3.3 Definition of Delivery

Delivery occurs when your website or system is first made accessible in a functioning, review-ready state (either staging or live). Minor revisions or edits do not delay delivery for invoicing or completion purposes.

3.4 Cure Period for Schedule

If you believe we missed an agreed delivery or milestone date, notify us in writing within five (5) business days. We will have thirty (30) calendar days to complete the work. During this period, you will not cancel, withhold payment, or pursue remedies, provided we complete services within the Cure Period. Client-caused delays extend timelines proportionally.

4. Pricing & Payment Terms

4.1 Fees

You agree to pay a one-time Activation Fee and a recurring Membership Fee (monthly or annual) as listed in your plan. Taxes excluded.

4.2 Due Upon Signing

Activation Fee and first Membership Fee are due immediately. Work begins only after payment clears. No deliverables, credentials, or launches will be released until payment is received in full.

4.3 Auto-Renewal

• Monthly memberships renew automatically each month on the same calendar day.
• Annual memberships renew automatically unless canceled 30 days before renewal.

4.4 Late Payments

Past-due balances may incur a 1.5% finance charge per month (minimum $25). Services may be suspended if payment is not received within 10 days of the due date. A $49 reactivation fee may apply once payment is received.

4.5 Chargebacks

You agree to contact us to resolve disputes before initiating a chargeback. Chargebacks without a 7-day resolution window constitute a material breach.

4.6 Refund & Satisfaction Guarantee

• Activation Fee: Non-refundable once strategy, setup, or design work begins.
• Membership Fee: You may request a refund of your first month’s or first year’s Membership Fee within 30 days of activation only if (i) no live campaigns or websites have launched and (ii) written notice is provided within 30 days. Upon refund, all access and hosted materials will be deactivated.

4.7 Usage & Third-Party Costs

Messaging/voice, carrier A2P fees, ad spend, and AI usage are billed separately unless included in your plan.

4.8 Pricing Changes

We may adjust plan pricing, features, or usage limits with advance written notice prior to renewal.

5. Client Responsibilities

• Provide accurate information, timely approvals, and required assets (logos, copy, credentials, etc.).
• Maintain active payment methods.
• Comply with applicable laws and platform policies.

Delays or missing assets may extend delivery timelines. Additional time/costs may apply if we must remediate incomplete or inaccurate inputs.

6. Acceptable Use & Compliance

You will not use our services to send spam or unlawful messages; violate TCPA, CAN-SPAM, CTIA/A2P 10DLC, or carrier rules; infringe IP; or host illegal/harmful content. We may suspend immediately for violations or risk of carrier fines. You indemnify InfinityStorm for penalties arising from your actions or lack of consent compliance.

7. Intellectual Property & License

We retain ownership of all materials we create until paid in full. After payment, you receive a non-exclusive license to use the deliverables for your business. Our underlying tools, templates, and frameworks remain our property. We may display anonymized or non-confidential work in our portfolio unless you opt out in writing before project kickoff.

8. Third-Party Accounts

Some functions require accounts with third parties (e.g., Google Ads, Stripe, domain registrars). You are responsible for those accounts and fees. We are not liable for outages or policy changes made by those providers.

9. Performance Disclaimer

We make no guarantees of specific financial or marketing results. Performance depends on many factors outside our control.

10. Warranties & Disclaimers

All services are provided “as is” and “as available.” We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

Our total liability for any claim is limited to the amount you paid to us in the preceding three (3) months. We are not liable for indirect, special, incidental, or punitive damages, including lost profits, data, or business opportunity.

12. Indemnification

You agree to defend and indemnify InfinityStorm and its affiliates against claims, fines, or expenses arising from: (a) your content or use of services; (b) breach of these Terms or law; or (c) carrier fines, data misuse, or non-compliance.

13. Communications & SMS Program Disclosures

By providing a phone number, you consent to receive automated and manual texts from InfinityStorm. Message & data rates may apply. Reply STOP to opt out or HELP for help. We maintain records of express written consent when required by law.

14. Privacy Policy

14.1 Information We Collect

• Business & contact information: name, email, phone, billing address
• Project assets: logos, copy, images, configuration files
• Technical data: IP address, browser type, device, analytics data
• Payment info: processed by third-party vendors (we don’t store full card details)
• Communications: emails, chats, and SMS for support and coordination

14.2 How We Use Information

• Deliver and operate websites, automations, and marketing systems
• Send invoices, updates, and project information
• Send marketing messages when you’ve opted in
• Maintain security, prevent fraud, and comply with legal obligations

14.3 Sharing of Information

We do not sell or rent personal data. We share limited data only with vendors needed to provide services (e.g., GoHighLevel, Twilio, Stripe, Google, Microsoft), payment processors, CRMs, analytics providers, and legal/regulatory entities when required by law. Vendors act as data processors/service providers under confidentiality and data-protection obligations.

14.4 Data Security

We maintain administrative, technical, and physical safeguards. No system is 100% secure—please protect your passwords and credentials.

14.5 Data Retention

We keep data only as long as necessary to deliver services, resolve disputes, or meet legal obligations. After termination or inactivity, data may be deleted or anonymized per our retention schedule.

14.6 Cookies & Tracking

Our site uses cookies to enhance experience:

• Necessary cookies — core site functionality
• Functional cookies — store preferences
• Analytics cookies — usage trends and performance
• Social media cookies — may track engagement with embedded content

You can control or delete cookies via your browser settings. A cookie-consent banner is provided to manage preferences.

14.7 Children’s Privacy

Our services are not directed toward children under 13. We do not knowingly collect information from minors.

14.8 Your Rights & Choices

You may access, update, or correct your information; opt out of marketing or SMS; request deletion (subject to legal limits); or withdraw consent. Email [email protected]. We typically respond within 30 days.

14.9 Washington & U.S. Privacy Compliance

We comply with applicable U.S. privacy laws, including Washington’s Consumer Data Privacy standards. We do not sell personal data. Residents may request a copy, correction, deletion, or opt-out of data sharing/sale.

14.10 Health-Related Data

We don’t intentionally collect PHI. If your use involves PHI/health data, contact us first; a separate Business Associate Agreement may be required.

14.11 Data Transfers

We may process or store data in the United States or other jurisdictions. By using our services, you consent to such transfers.

14.12 Updates to This Policy

We may update this Privacy Policy periodically. Changes take effect when posted with a new “Last Updated” date. Questions? Email [email protected].

15. Term, Termination & Cure Period

Subscriptions renew automatically until canceled. No partial refunds. We may suspend or terminate for breach after notice.

General Cure Period (Material Breach): Except for payment defaults, legal violations, or issues requiring immediate suspension to protect system integrity or compliance, either party must give written notice of any material breach. The breaching party has seven (7) calendar days from receipt to cure before termination for cause.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of Washington State (Pierce County). Disputes will first undergo good-faith negotiation, then binding arbitration under the rules of the American Arbitration Association (AAA) or another mutually agreed service in Washington. Either party may bring eligible claims in small-claims court in Washington State. The prevailing party may recover reasonable attorney’s fees and costs.

17. General Provisions

• Force Majeure: Neither party is liable for delays/failures caused by events beyond reasonable control (e.g., outages, DDoS, labor actions, natural disasters). Payment obligations for services already rendered remain due.
• Assignment: Client may not assign without consent. InfinityStorm may assign in a merger or asset sale.
• Severability: If any term is invalid, the remainder remains in effect.
• Entire Agreement: These Terms, plus any proposal/SOW or invoice, form the entire agreement.
• Updates: We may update these Terms by posting a new version with a revised “Last Updated” date; changes apply prospectively.