Found First Agency

Terms of Service & SMS Messaging Policy

Effective: June 13, 2026 A2P 10DLC Compliant

Contents

1. Agreement to Terms

2. Description of Services

3. SMS Messaging Terms

4. User Responsibilities

5. Acceptable Use

6. Intellectual Property

7. Payment Terms

8. Disclaimers

9. Limitation of Liability

10. Indemnification

11. Termination

12. Governing Law

13. Privacy Policy

14. Contact Information

1. Agreement to Terms

By accessing or using any services provided by Found First Agency ("Company," "we," "us," or "our"), you ("Client" or "User") agree to be bound by these Terms of Service. If you do not agree, you may not use our services.

These Terms apply to all clients, visitors, and others who access or use our marketing services, digital platforms, websites, and communication channels, including SMS/MMS messaging.

We reserve the right to update these Terms at any time. Continued use of our services after any changes constitutes acceptance of the updated Terms. The most current version is always available at www.foundfirstagency.com/terms.

2. Description of Services

Found First Agency provides digital marketing services to home service businesses and other clients, including but not limited to:

Website design, development, and management

Marketing automation and CRM implementation (via GoHighLevel)

Google Business Profile setup and optimization

Google review generation and reputation management

Lead capture form setup and real-time lead notification systems

Lead follow-up automation (SMS, email, voicemail drops)

Google Local Service Ads (LSA) setup and management

Search Engine Optimization (SEO)

Google Maps optimization and local pack ranking strategies

SMS and email marketing campaigns

Services are provided on a subscription or project basis as outlined in your signed Service Agreement or Statement of Work.

3. SMS Messaging Terms

This section governs all SMS and MMS communications sent by Found First Agency or its clients through our platform, in compliance with A2P 10DLC regulations, the Telephone Consumer Protection Act (TCPA), and applicable carrier guidelines.

Opt-OutReply STOP to any message to unsubscribe. You will receive one confirmation and no further texts. To re-subscribe, reply START.

HelpReply HELP for assistance. You'll receive our contact info, or email [email protected] or call (678) 405-9363.

FrequencyMessage frequency varies. You may receive up to 4–8 messages per month depending on your campaign type and engagement.

RatesMessage and data rates may apply. Found First Agency is not responsible for any charges billed to you by your mobile carrier.

CarriersMobile carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed and may be affected by carrier outages or network errors.

Consent and opt-in

By providing your mobile number and agreeing to receive SMS communications, you expressly consent to receive text messages including appointment reminders, lead follow-up messages, promotional offers, and service updates. Consent is not a condition of purchase.

Privacy

Your phone number and personal information collected through our SMS program is used solely for the purposes described here and handled in accordance with our Privacy Policy. We do not sell or share your phone number with third parties for their marketing purposes.

4. User Responsibilities

As a client or user of Found First Agency services, you agree to:

Provide accurate, current, and complete information when requested

Maintain the confidentiality of any login credentials provided to you

Promptly notify us of any unauthorized use of your account

Provide timely feedback, approvals, and content needed for service delivery

Comply with all applicable federal, state, and local laws and regulations

Obtain all necessary consents before submitting contact lists for SMS or email campaigns

Ensure all phone numbers submitted for SMS campaigns have provided proper opt-in consent

5. Acceptable Use Policy

You agree NOT to use Found First Agency's services or platform to:

Send spam or bulk messages to unconsented recipients

Transmit false, misleading, or fraudulent content

Harass, threaten, or harm any individual or group

Violate any applicable law, regulation, or third-party rights

Infringe upon intellectual property rights of any party

Distribute malware, viruses, or harmful code

Interfere with or disrupt our services or infrastructure

Engage in any illegal, discriminatory, or unethical activity

Violation of this policy may result in immediate suspension or termination of services without refund.

6. Intellectual Property

All content, branding, software, tools, templates, and materials created by Found First Agency — including website designs, automation workflows, ad copy, SOPs, and training materials — remain the exclusive intellectual property of Found First Agency.

Upon full payment, you are granted a limited, non-exclusive, non-transferable license to use final deliverables for your business purposes only. You may not reproduce, resell, or distribute any Found First Agency materials without prior written consent.

7. Payment Terms

All fees are due in advance unless otherwise specified in your agreement

Subscription services are billed monthly or annually as agreed

Late payments may result in service suspension after a 7-day grace period

All fees are non-refundable unless otherwise stated in writing

We reserve the right to adjust pricing with 30 days written notice

8. Disclaimers

Found First Agency provides all services "as is" and "as available" without warranties of any kind. We do not guarantee specific results from any marketing campaign, including rankings, lead volume, revenue, or ROI. Digital marketing results are variable and depend on factors outside our control, including algorithm changes, market conditions, and competitor activity.

We are not responsible for the actions or policies of third-party platforms including Google, Meta, GoHighLevel, or mobile carriers.

9. Limitation of Liability

To the maximum extent permitted by law, Found First Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, lost revenue, loss of data, or business interruption.

Our total cumulative liability for any claims shall not exceed the total amount paid by you to Found First Agency in the three (3) months immediately preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Found First Agency and its officers, employees, and agents from any claims, damages, costs, and expenses arising from your use of our services in violation of these Terms, your violation of any law or third-party rights, or your failure to obtain proper opt-in consents from your contacts.

11. Termination

Either party may terminate services with 30 days written notice. Found First Agency reserves the right to terminate immediately for violation of the Acceptable Use Policy, non-payment, or fraudulent or illegal activity. Upon termination, your platform access will be revoked and you are responsible for exporting any data you require.

12. Governing Law

These Terms are governed by the laws of the State of Georgia. Any unresolved disputes shall be submitted to binding arbitration in Fulton County, Georgia, under American Arbitration Association (AAA) rules. You waive any right to a jury trial or participation in a class action lawsuit.

13. Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described therein.

14. Contact Information

For questions or concerns regarding these Terms, please contact us:

Business

Found First Agency

Address

8735 Dunwoody Place STE 6
Atlanta, GA 30350

Email

[email protected]

Phone

(678) 405-9363

Website

www.foundfirstagency.com

By using Found First Agency's services, you acknowledge that you have read and agree to these Terms of Service.
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