Terms of Service

1. Acceptance & eligibility

These Terms govern the FEXmagnet managed advertising service and client portal. By accepting these Terms at checkout or during registration, you agree to them. You must be at least 18 years old and a licensed insurance professional or an authorized representative of a licensed agency. You represent that your business, licensing, and account information is accurate.

2. The Service

FEXmagnet builds and manages Meta advertising campaigns inside your own ad account. A person prepares your campaigns, audiences, lead forms, and creative based on the scope you select. The client portal provides campaign information, reporting, and controls. Any website, tracking, or other setup work included in your purchase is described in your checkout, proposal, or written scope. We do not provide the former CRM, power dialer, phone-number rental, or call-recording subscription as part of this service.

3. Your advertising and follow-up responsibilities

You are responsible for the accuracy of the business information, insurance claims, offers, and materials you provide or approve, and for maintaining the licenses and permissions needed for your business. You must comply with applicable advertising, insurance, privacy, and consumer-contact requirements, including consent, Do-Not-Call obligations, permitted contact hours, and opt-out requests for your calls and messages. Generating a lead does not by itself establish permission for every form of follow-up. The service does not provide DNC scrubbing, calling-hour enforcement, or a guarantee of legal compliance.

4. Acceptable use

Do not use the service for unlawful or misleading advertising, spam, unauthorized access, or activity that harms other people or interferes with the service. Provide only materials and personal information you are entitled to use and share. Keep your login secure and give access only to authorized team members. We may suspend or terminate access for violations.

5. Your Meta assets and access

Your Meta page, ad account, pixel, audiences, campaigns, and lead history remain yours. You authorize us to access the assets and information needed to perform the agreed work. You remain responsible for your Meta account standing and payment method. When management ends, we remove our access; we do not delete or hold your Meta assets hostage. Meta controls its own platform, policies, reviews, and account restrictions.

6. Campaign review, approval, and budget

You review the proposed materials and approve the campaign before launch. Approval applies to the materials and scope presented for that review. We may retain your approval and the relevant document version as a record of your instructions. You set the advertising budget and authorize spending through your own Meta account. Ad spend is paid directly to Meta, separately from our fees. Changes to the approved scope or budget should be confirmed through the portal or in writing.

7. Billing, cancellation, and refunds

Your setup fee, recurring management fee, first recurring charge date, and any promotional or referral pricing are the amounts and schedule shown at checkout or in your accepted written agreement. Recurring management continues until cancelled. You may cancel at any time to stop future recurring charges; there is no early-exit fee. Contact us at nickg@fexmagnet.com or use the available billing controls to cancel. Payments to us are processed by Stripe; applicable taxes are shown separately. There are no dial allowances, metered dial charges, or phone-number rental fees for this managed advertising service.

For new purchases made on or after September 14, 2026, a separately disclosed setup fee pays for the initial preparation and build. It is nonrefundable once setup work begins, except as required by law. Setup work may include preparing your website, tracking, audiences, creative, lead forms, or campaign. If you cancel before setup work begins, contact us to request a refund. Cancellation after work begins does not reverse work already performed. Management fees are not refunded for partial billing periods, except as required by law or your accepted agreement. This policy does not limit your rights or remedies under applicable law and does not retroactively change earlier purchases. Meta charges are governed by your agreement with Meta.

8. Your data

Your business materials and lead data remain yours. You grant us permission to process them as needed to deliver the agreed service, including displaying campaign information and delivering leads to the destinations you configure. Access to lead information in your own Meta account remains subject to Meta’s rules and retention limits. Our handling of personal information is described in our Privacy Policy. Contact us about access, export, or deletion requests; some records may be retained to meet legal obligations or document transactions and approvals.

9. Termination

Either party may end the service at any time. We may suspend or terminate access for breach of these Terms, unlawful use, or conduct that harms the service or others. Ending management stops future management work and recurring charges as described in Section 7. Your Meta assets remain yours as described in Section 5. Ending the service does not cancel obligations or rights that arose before termination.

10. Results and availability

Advertising results depend on your offer, market, budget, follow-up, and Meta’s delivery and review systems. We do not guarantee a particular number of leads, cost per lead, sales, or return on ad spend. The portal is provided as available and may experience interruptions or reporting delays. Third-party platform decisions are outside our control. These statements do not remove our obligation to perform the work agreed in your scope or limit rights that cannot be excluded by law.

11. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or business. Our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid us in the 12 months before the claim.

12. Indemnification

You will indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising out of your advertising materials, your follow-up communications, or your violation of any law or of these Terms — including any claim under the TCPA, the TSR, state telemarketing or recording laws, or relating to a contact you lacked a lawful basis to call.

13. Arbitration & class waiver

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules, rather than in court. You and we waive any right to a jury trial and to participate in a class or representative action — disputes are resolved on an individual basis only.

Small-claims carve-out: either party may bring an individual claim in small-claims court instead of arbitration if it qualifies.

30-day opt-out: you may opt out of this arbitration agreement by emailing nickg@fexmagnet.com within 30 days of first accepting these Terms, with your name and account email. Opting out does not affect the rest of these Terms.

14. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Subject to the arbitration agreement in Section 13, any dispute not subject to arbitration will be handled in the state or federal courts located in California.

15. Changes to these Terms

We may update these Terms (this is version 2026-09-14). For material changes we will give notice and request acceptance where required. Updating this page does not retroactively change the terms of an earlier purchase.

16. Contact

FEXmagnet
Email: nickg@fexmagnet.com