Terms of Service
Effective Date: January 1, 2025
1. Introduction
Firebreather Marketing provides web and marketing services to gym owners worldwide. These Terms of Service (“Terms”) govern your use of our services and website (“Services”). By signing up for a subscription or using our Services, you agree to be bound by these Terms.
2. Subscriptions
2.1 Subscription Tiers: You will choose a subscription tier before using Firebreather Marketing’s Services. Each tier outlines the included services in detail. These tiers and their inclusions are subject to change at any time. You can find more information about subscription tiers on our website, [www.firebreathermarketing.com [invalid URL removed] [invalid URL removed] [invalid URL removed]].
2.2 Billing: Upon choosing a tier, your service start date will be the date of checkout. All clients are required to use automated online billing through our checkout system at [www.firebreathermarketing.com [invalid URL removed] [invalid URL removed] [invalid URL removed]] or another designated payment portal. Your service begins when your payment successfully processes and continues to bill monthly on the same date unless you terminate or suspend your subscription. You can access your subscription details, payment history, and account management features by logging in to [www.firebreathermarketing.com [invalid URL removed] [invalid URL removed] [invalid URL removed]].
2.3 Late Payments: A late fee of 10% will be applied to any outstanding balance not paid within 28 days of the due date. If a late payment remains unresolved, additional late fees may accrue. After three consecutive months of missed payments, service may be suspended until full payment is received.
3. Intellectual Property
3.1 Firebreather Marketing’s Property: All website and email marketing design and templates, including the function, format, sales funnels and automations, is considered our intellectual property. You may not copy, clone, replicate, share, or distribute it in any way without our consent. Additionally, website structure, templates, loops, custom fields, custom post types, and pods we create are also our intellectual property and subject to the same restrictions.
3.2 Your Content: You retain ownership of any content you provide for your website, such as graphics or text, and any content you post to your website.
4. Website Services
4.1 Website Design and Hosting: We provide all subscribers with a customized website upon signup. The website remains available for your use throughout your subscription. We design the website, and a third-party provider hosts it. There is no additional design fee; however, the design process starts only after your first subscription payment is successful. We will present you with a draft of your website for your approval before launch. Your website will typically launch at the end of 30 days (or sooner) once you’ve approved the final draft of the product(s) and/or asset(s).
We retain ownership of the website, and its associated assets, which are yours to utilize through the duration of your subscription.
4.2 Website Modifications: While we design the website, you have control over the displayed content. You will receive login credentials to manage your website content, including adding, removing, or modifying staff member information, workouts, pricing, discounts, etc. We aim to empower you to manage your website independently, but we are happy to guide you through the modification process.
If you require assistance with these tasks, a Firebreather Marketing professional can assist with front and back-end changes to your website or email marketing account. Our team can modify existing pages or build additional pages and sections. To discuss your specific needs and associated fees, we offer a free consultation.
4.3 Website Downtime and Cyber Attacks: As part of your subscription, we have many redundancies and safeguards in place to protect your website. However, server periods of “downtime” may still occur as a result of server maintenance, software bugs, malware, malicious activity, updates. We strive to minimize downtime and resolve any issues swiftly.
Firebreather Marketing is not liable for any damages resulting from such attacks. However, we will make every effort to restore service as quickly as possible.
4.4 Domains: We recommend purchasing the domain name you wish to use for your website. We require your login information for the domain management portal to access DNS settings and route the domain to your website. Privately owned domains will remain your property in the event of service termination.
4.5 Privacy: We may install code within your website, ranging from embedded intake forms to tracking pixels. Information collected through these codes may be used for Firebreather Marketing’s marketing purposes, such as advertisement targeting and email marketing. If we implement tracking pixels, we will add a Privacy Policy page at no additional cost to your subscription, outlining the information collected and how it may be used.
5. Email Marketing
A custom email marketing account will be created for all subscribers with email marketing service included in their subscription. You may authorize the use of a pre-existing email contact list to be imported into your Firebreather Email Marketing account. All email contacts, regardless of origin, are subject to the privacy terms outlined in section 4.5.
In the event of service termination, your email marketing account will be disabled or removed. Firebreather Marketing retains the right to the account information of all contacts uploaded to, subscribed to, or otherwise included in the email marketing account. You may request an exported list of these contacts within 90 days of your request being submitted.
6. Price Adjustments
We reserve the right to adjust service prices over time. In the event of a price increase, we will provide at least 60 days’ notice.
7. Usage of Project Components
We retain the right to use the final product or any versions created during the process in our printed and online portfolios, including promotional materials like newsletters, advertisements, and video demonstrations or tutorials. We may also include your business name and link to your website for promotional purposes.
8. Termination or Suspension of Service
You may terminate or suspend your service without penalty by providing 30 days’ written notice. Without written notice, service may still be terminated or suspended, but up to 100% of the next payment period may be billed.
Upon termination, all services, including website and email marketing access, will cease 30 days after the termination date unless otherwise agreed upon. In the case of a suspension, all services and service assets will become inactive but will remain accessible for up to 90 days. After 91 days of suspension or upon termination, all service-related assets may be permanently deleted.
Upon suspension, we will temporarily redirect your website’s DNS to [www.firebreathermarketing.com [invalid URL removed] [invalid URL removed] [invalid URL removed]].
9. Agreement
This agreement becomes effective upon your acceptance of these Terms of Service during checkout and the processing of your first payment. This contract is governed by the laws of the State of Washington, and any disputes will be litigated or arbitrated in Washington State.
This agreement constitutes the entire understanding between you and Griffin Media LLC d/b/a Firebreather Marketing.