Please read these Terms of Service ("Terms") carefully before using the websites, services, or products offered by Marigold & Co. LLC ("Marigold & Co.," "we," "us," or "our"), including the Thira lead generation system. By accessing our Site or purchasing our services, you agree to be bound by these Terms.
1. Services
Marigold & Co. provides lead generation, AI-assisted appointment setting, CRM configuration, website design, paid advertising management, and related services (collectively, "Services") to sales-driven businesses, including life insurance agents and agencies. The Thira system is our flagship product, which includes a qualifying funnel, AI caller (Emma), GoHighLevel CRM setup, and managed Facebook ad campaigns.
2. Eligibility
You must be at least 18 years old and legally authorized to enter into binding agreements to use our Services. By using our Services, you represent that you meet these requirements. Our Services are intended for business use only and are not for personal, family, or household purposes.
3. Account and Access
Some of our Services are delivered through third-party platforms including GoHighLevel (GHL). You are responsible for maintaining the confidentiality of any login credentials associated with your account. You agree to notify us immediately of any unauthorized access or suspected breach. Marigold & Co. is not liable for any loss resulting from unauthorized use of your account.
4. Fees and Payment
Setup Fees
A one-time, non-refundable setup fee is required to begin service. Work commences upon receipt of the setup fee and signed agreement. Setup fees cover the build and configuration of your system and are earned upon the commencement of work.
Monthly Platform Access
Monthly platform access fees are billed on a recurring basis beginning on the date of your first payment. Access fees are due at the start of each billing cycle. Failure to pay may result in suspension or termination of your access to the platform.
Ad Spend
Ad spend payments go directly to your Facebook Ads account or are paid directly to the platform as a pass-through charge. Marigold & Co. does not retain any portion of your ad budget. Ad spend is separate from and in addition to platform access fees.
Payment Processing
Payments are processed securely through Stripe. By providing payment information, you authorize Marigold & Co. to charge the applicable fees on the schedule described at checkout. You agree to maintain valid payment information for recurring charges.
5. Cancellation Policy
You may cancel your monthly platform access at any time with 30 days' written notice sent to marigoldandco75@gmail.com. Your access will remain active through the end of the current billing period. Setup fees are non-refundable once work has commenced. No partial refunds are issued for unused portions of a billing period.
6. No Guarantee of Results
Marigold & Co. does not guarantee a specific number of leads, appointments, sales, or revenue outcomes. Lead volume and quality depend on factors outside our direct control, including your ad budget, your market, competition, and Facebook's ad algorithm. We guarantee delivery of a fully built and tested system, not a specific business outcome. Results vary by client, market, and campaign.
7. AI Caller and Communications Compliance
Our Thira system includes Emma, an AI-powered outbound caller that contacts leads on your behalf. By using the Thira system, you represent that:
- All leads contacted have opted in through your qualifying funnel and consented to receive calls and SMS messages
- You will not use the system to contact individuals who have opted out or requested no contact
- You are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable federal, state, and local laws governing marketing communications
- You will maintain appropriate records of consent as required by law
Marigold & Co. is not responsible for your compliance with communications laws. You agree to indemnify and hold us harmless from any claims arising from your use of the communication features of the Thira system.
8. Facebook Advertising
Managed Facebook ad campaigns are subject to Meta's Advertising Policies and Terms of Service. Marigold & Co. is not responsible for ad rejections, account restrictions, or policy changes imposed by Meta. You are responsible for ensuring that your ad account remains in good standing. Ad spend already deployed is non-refundable.
9. Intellectual Property
All content, systems, workflows, and materials created by Marigold & Co. remain the intellectual property of Marigold & Co. unless otherwise agreed in writing. Upon full payment, you receive a license to use the delivered assets for your business. You may not resell, sublicense, or transfer our systems to third parties without prior written consent, except as expressly permitted under an Enterprise or white-label agreement.
10. Confidentiality
Both parties agree to keep confidential any proprietary information, trade secrets, or business information shared in connection with the Services. This obligation survives termination of the service relationship.
11. Limitation of Liability
To the maximum extent permitted by law, Marigold & Co. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of leads, loss of data, or loss of business, arising out of or in connection with the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to these Terms or the Services shall not exceed the total fees paid by you to Marigold & Co. in the three (3) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Marigold & Co. LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any applicable law or regulation.
13. Termination
Either party may terminate the service relationship with 30 days' written notice. Marigold & Co. reserves the right to immediately suspend or terminate access to the Services if you violate these Terms, fail to make required payments, or engage in any conduct that we reasonably determine to be harmful to our business, other clients, or third parties. Upon termination, you will lose access to your GoHighLevel sub-account and all associated automations and data managed by Marigold & Co.
14. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Services shall first be submitted to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be subject to binding arbitration in Birmingham, Alabama under the rules of the American Arbitration Association. You waive any right to a jury trial or class action in connection with any such dispute.
15. Changes to These Terms
We may update these Terms from time to time. We will notify active clients of material changes via email. Your continued use of our Services after changes are effective constitutes acceptance of the updated Terms.
16. Entire Agreement
These Terms, together with any order forms, proposals, or written agreements between you and Marigold & Co., constitute the entire agreement between the parties regarding the Services and supersede all prior understandings, negotiations, or representations.
17. Contact
Questions about these Terms should be directed to:
- Email: marigoldandco75@gmail.com
- Business: Marigold & Co. LLC
- Address: Birmingham, AL