Terms of Service
Effective Date: September 19, 2025
Entity: Hashes Agency LLC (“Hashes”, “we”, “us”, or “our”)
These Terms of Service (“Terms”) govern your access to and use of our websites, landing pages, sub‑domains, forms, and services—including AI/automation solutions built on GoHighLevel (GHL), CRM implementation, advertising and social media services, creative, consulting, and related communications (collectively, the “Services”). By using the Services, you agree to these Terms and to our Privacy Policy.
Not legal advice. This document is provided for your use as our client and does not constitute legal advice. If you operate in regulated sectors or require bespoke terms, consult counsel.
1) Definitions
- Client, you, your: the person or entity purchasing or using the Services.
- SOW/Order: a proposal, estimate, order form, or statement of work describing scope, deliverables, fees, timelines, and special terms.
- Sub‑Account: a workspace or account we configure for you (e.g., in GHL) that may contain your CRM data, automations, assets, and integrations.
- Third‑Party Platforms: services not owned by us (e.g., GHL, Meta, Google, LinkedIn, telephony/SMS providers, payment processors).
2) Scope of Services
We provide strategy, setup, and management of AI/CRM systems, funnels and landing pages, paid/organic campaigns, content/creative, reporting, and related consulting. Specific deliverables, SLAs, and pricing are described in the applicable SOW/Order. We may update non‑material aspects of the Services to improve performance or security. We may use subcontractors under our supervision.
3) Account Creation & Access
We may create or request access to Sub‑Accounts and Third‑Party Platforms on your behalf. You: (a) must provide accurate information, (b) are responsible for safeguarding credentials, and (c) authorize us to perform administrative actions reasonably necessary to deliver the Services. You remain responsible for platform fees billed directly to you.
4) Your Responsibilities (Compliance & Content)
You are the controller of your customer data. You represent and warrant that:
- you have all necessary rights and consents to process and share data with us,
- your campaigns, messages, landing pages, and uploads comply with applicable laws (e.g., TCPA, CAN‑SPAM, A2P 10DLC, GDPR/UK GDPR, CCPA/CPRA, and advertising policies), and
- your content does not infringe IP or violate third‑party rights.
You are responsible for all end‑user notices/consents and for honoring opt‑out requests.
5) Messaging (SMS/WhatsApp/Voice) Terms
If your SOW includes messaging:
- Opt‑in required. You must obtain verifiable consent; include opt‑out instructions (e.g., Reply STOP to unsubscribe) and disclose that message/data rates may apply.
- A2P 10DLC registration. Where required, you must complete brand/campaign registration; we assist as a processor.
- Deliverability. We do not guarantee delivery; carriers and platform policies may block, filter, or delay messages.
- Prohibited uses. No illegal, deceptive, or restricted content (e.g., SHAFT categories where prohibited: sex, hate, alcohol (where restricted), firearms, tobacco, illicit drugs).
6) Third‑Party Platforms & Integrations
Your use of Third‑Party Platforms is governed by their terms and privacy policies. We are not responsible for outages, feature changes, pricing, or data handling by those providers. Where feasible, we will notify you of material changes impacting your SOW. Any fees from those providers are your responsibility unless the SOW states otherwise.
7) Fees, Payments & Taxes
- Fees & billing. Fees are as stated in your SOW/Order or invoice. Unless otherwise noted, fees are due in advance and are non‑refundable once work begins. Ad spend, telephony, and third‑party fees are additional and billed separately by the provider or re‑invoiced to you.
- Late amounts. Past‑due amounts may accrue the lesser of 1.5% per month or the maximum lawful rate. We may suspend Services for nonpayment after notice.
- Chargebacks. You agree not to initiate chargebacks for services delivered per the SOW; disputes must follow the Dispute Resolution section.
- Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes, duties, and withholdings.
8) Changes in Scope
Requests outside the SOW will be quoted as a change order. Timelines may adjust accordingly.
9) Ownership, IP & License
- Your Materials. You retain ownership of your pre‑existing content, trademarks, data, and accounts. You grant us a non‑exclusive license to use these solely to provide the Services.
- Deliverables. Upon full payment, you own the final, specifically created deliverables described in the SOW (e.g., ad creatives, copy, landing page designs). We retain ownership of our pre‑existing methods, templates, frameworks, software, and tools; we grant you a non‑exclusive, non‑transferable license to use those as embedded in the deliverables for your internal business use.
- Portfolio Use. Unless you opt‑out in writing, you grant us permission to reference your company name, logo, and non‑sensitive results for marketing/portfolio purposes.
10) Confidentiality
Each party agrees to keep the other party’s Confidential Information secret and to use it only for performing or receiving the Services. This obligation survives termination.
11) Data Protection, DPA & Security
When we process personal data on your behalf, we do so as a processor and will implement appropriate technical and organizational measures. Upon request, we will execute a Data Processing Addendum (DPA) that incorporates applicable standard contractual clauses for international transfers where required. We will notify you without undue delay of any confirmed personal‑data breach affecting your Sub‑Account.
12) Warranties & Disclaimers
We warrant that we will perform the Services in a professional and workmanlike manner. Except as expressly stated in a signed SOW (e.g., a written performance guarantee), the Services are provided “as is” without warranties of merchantability, fitness for a particular purpose, or non‑infringement. Marketing outcomes depend on many factors beyond our control; we do not guarantee specific results unless expressly set out in the SOW.
13) Limitation of Liability
To the maximum extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, even if advised of the possibility; and (b) each party’s total aggregate liability arising out of or related to the Services is limited to the fees paid by you to us in the three (3) months preceding the event giving rise to the claim. These limits do not apply to amounts owed for fees, your breach of IP/confidentiality, or indemnification obligations.
14) Indemnification
You will defend, indemnify, and hold us harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (i) your content, data, or use of the Services in violation of law or these Terms; (ii) your failure to obtain required consents; or (iii) your use of Third‑Party Platforms. We will defend, indemnify, and hold you harmless against third‑party claims that our pre‑existing IP used in the Services infringes a third party’s IP (excluding your content, requested specifications, or third‑party materials).
15) Term, Suspension & Termination
These Terms start when you first use the Services and continue until terminated. Either party may terminate for convenience on 30 days’ written notice (unless the SOW specifies a different term), or for cause if the other party materially breaches and fails to cure within 10 days after written notice. We may suspend the Services immediately for (a) nonpayment, (b) suspected unlawful use, or (c) security risk.
16) Dispute Resolution; Arbitration; Class Action Waiver
Informal resolution. Before filing a claim, the complaining party must send a written Notice of Dispute and allow 30 days to resolve.
Arbitration. Any dispute not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration is Miami‑Dade County, Florida. The language is English. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. You and we agree to resolve disputes only on an individual basis; no class or representative actions or proceedings.
Small claims. Either party may bring an individual action in small claims court in Florida for disputes within that court’s jurisdiction.
17) Governing Law & Venue
These Terms are governed by the laws of the State of Florida, excluding its conflicts‑of‑law rules. Subject to the arbitration clause, the exclusive jurisdiction and venue for any permitted court proceedings are the state or federal courts located in Miami‑Dade County, Florida.
18) Export, Anti‑Corruption & Sanctions
You represent that you are not located in, organized under, or ordinarily resident in any embargoed/sanctioned country and are not on any restricted list. You will comply with all anti‑corruption, anti‑money laundering, and export control laws in connection with your use of the Services.
19) Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control (e.g., acts of God, internet or telecom failures, platform outages, war, labor disputes, governmental actions), provided the affected party uses commercially reasonable efforts to mitigate.
20) Notices
Notices must be in writing and sent to the contacts below or to updated contacts provided in writing. Email suffices for routine operational communications.
Hashes Agency LLC
Email (legal): legal@hashesagencyllc.com
Support: support@hashesagencyllc.com
Privacy: privacy@hashesagencyllc.com
Mailing Address: 7901 4th ST N STE 300, Saint Petersburg, 33702 Florida, USA.
21) Changes to These Terms
We may modify these Terms to reflect operational, legal, or regulatory changes. We will post the updated Terms with a new Effective Date and, where appropriate, notify you via email or banner. Your continued use after the Effective Date constitutes acceptance.
22) Entire Agreement; Order of Precedence; Assignment
These Terms, the Privacy Policy, and any SOW/Order are the entire agreement and supersede prior discussions. In case of conflict, a signed SOW/Order prevails over these Terms. You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or corporate reorganization.
23) Severability; Waiver
If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver.
24) Contact
Questions about these Terms?
Email: legal@hashesagencyllc.com
Support: support@hashesagencyllc.com
Mailing Address: 7901 4th ST N STE 300, Saint Petersburg, 33702 Florida, USA.