TERMS OF SERVICE

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FX Web Media LLC ("Company," "we," "us," or "our"), a Texas limited liability company based in Midlothian, Texas.

By accessing our website at betterthanyouragency.com, purchasing any of our services or products, or engaging with us in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not use our services.

FX Web Media LLC provides digital marketing, video production, content creation, lead generation, and related consulting services. Our offerings include, but are not limited to:

• Full-Service Marketing — Video production, social media management, paid advertising, content strategy, and brand development.
• LeadFX — Our proprietary lead generation system that uses intent-based technology to identify and deliver potential customer leads to your business.
• DEAD ADS: The Owner's Guide — A digital educational course designed to help business owners understand marketing principles and evaluate marketing performance.
• Custom Projects — Website development, branding, photography, and other creative services as agreed upon in writing.

The specific scope, deliverables, and timeline for any engagement will be outlined in a separate service agreement or statement of work.

FX Web Media LLC does not guarantee any specific results, outcomes, leads, sales, conversions, revenue, return on investment (ROI), or business growth. Marketing results depend on numerous factors beyond our control, including but not limited to:

• Your industry, market conditions, and competitive landscape
• Your product or service quality, pricing, and market fit
• Your responsiveness to leads and customer inquiries
• Your advertising budget and willingness to invest
• External economic conditions, seasonality, and consumer behavior
• Platform algorithm changes (Meta, Google, TikTok, etc.)
• Your existing brand reputation and online presence

Any examples, case studies, projections, testimonials, or past performance data shared on our website, in marketing materials, or during consultations are for illustrative purposes only and should not be interpreted as a promise or guarantee of similar results. Individual results will vary.

LeadFX is a proprietary lead generation system. By subscribing to LeadFX, you acknowledge and agree to the following:

• No guarantee on lead quantity. The number of leads delivered may vary based on your industry, location, budget, and market conditions. Any estimates provided are projections, not commitments.
• No guarantee on lead quality. Leads are pre-qualified through conversation, but we do not guarantee that any lead will answer the phone, respond to outreach, convert to a paying customer, or be a fit for your business.
• No guarantee on lead responsiveness. We do not guarantee that leads will pick up the phone, return calls, respond to messages, or engage with your business in any way after delivery.
• Lead data accuracy. While we make reasonable efforts to collect accurate contact information, we do not warrant the accuracy, completeness, or currency of any lead data provided.
• Your responsibility. It is your responsibility to follow up with leads in a timely, professional, and legally compliant manner. We are not responsible for lost opportunities due to delayed or inadequate follow-up.
• Compliance. You agree to use all lead data in compliance with applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state privacy laws.

DEAD ADS: The Owner's Guide is a digital educational product. By purchasing the course, you acknowledge and agree:

• Educational purposes only. The course content is for general educational and informational purposes. It does not constitute professional marketing advice, financial advice, or a guarantee of business results.
• No refunds (post-launch). Due to the digital nature of the product, all sales are final once course access has been granted. No refunds will be issued after the course launch date.
• Presale refund policy. If you purchase the course during the presale period (before the course launch date of May 1, 2026), you may request a full refund at any time before the course launch date. Once the course launches and access is delivered, the standard no-refund policy applies. Refund requests must be submitted via email to [email protected].
• Presale delivery. Presale purchases will receive course access on the announced launch date (May 1, 2026). If the launch date is delayed, presale buyers will be notified and may request a full refund.
• Early bird pricing. The presale early bird price of $299 is available to the first 50 buyers only. Once 50 presale spots are claimed, the price reverts to the standard $499. Early bird pricing is non-transferable.
• $499 service credit. If you purchase the DEAD ADS course and subsequently sign up for FX Web Media's monthly marketing services, the $499 course fee will be applied as a credit toward your first month of service. This credit is non-transferable, has no cash value, and must be redeemed within 12 months of course purchase.
• Intellectual property. All course content, including videos, scripts, graphics, and materials, is the exclusive property of FX Web Media LLC. You may not reproduce, distribute, share, resell, or publicly display any course content without prior written consent.

All fees for services are outlined in your service agreement or at the point of purchase. The following general terms apply:

• Monthly service fees are billed in advance on the first of each billing cycle.
• One-time purchases (courses, custom projects) are due at the time of purchase.
• Late payments may result in service suspension after a 7-day grace period.
• All prices are in U.S. dollars unless otherwise stated.
• We reserve the right to adjust pricing with 30 days' written notice.
• Payments are processed through Stripe. By making a payment, you also agree to Stripe's terms of service.

Service engagements are governed by a separate service agreement that outlines the specific terms, duration, and cancellation policy for your engagement. In general:

• Monthly services may be cancelled with 30 days' written notice unless otherwise specified in your service agreement.
• Cancellation does not entitle you to a refund for the current billing period.
• Upon cancellation, access to dashboards, lead data, and other proprietary tools will be terminated.
• Any outstanding balances remain due and payable upon cancellation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FX WEB MEDIA LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or anticipated savings
• Loss of business, contracts, or opportunities
• Loss of data or damage to data
• Loss of goodwill or reputation
• Any indirect or consequential loss or damage

Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or our services shall not exceed the total amount you have paid to FX Web Media LLC in the three (3) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

ALL SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that our services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from our services will be accurate, reliable, or meet your expectations.

All content on this website, including but not limited to text, graphics, logos, images, videos, audio, software, and the overall design and arrangement thereof, is the property of FX Web Media LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

"FX Web Media," "LeadFX," "DEAD ADS," and associated logos and marks are trademarks of FX Web Media LLC. You may not use these marks without our prior written consent.

For client work: unless otherwise specified in your service agreement, FX Web Media LLC retains ownership of all creative work, strategies, and proprietary processes until full payment is received. Upon full payment, you receive a non-exclusive license to use the deliverables for your business purposes.

Any testimonials, case studies, statistics, or performance metrics displayed on our website or in marketing materials represent the experiences of specific clients under specific circumstances. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results.

Statistics such as number of businesses served, revenue generated, or return on ad spend (ROAS) are based on internal tracking and client-reported data. These figures are approximate, may be rounded, and are subject to change. They should not be relied upon as precise financial data.

FX Web Media LLC makes no guarantees regarding income, earnings, revenue, leads, or business results. Any references to specific results, figures, or performance metrics on our website, in our marketing materials, or during consultations are illustrative examples only and should not be interpreted as promises, guarantees, or projections of your potential results.

Your results will depend on many factors, including but not limited to: your industry, market conditions, competition, advertising budget, product or service quality, sales process, follow-up speed, geographic location, and overall business operations. We have no way of knowing how well you will do, as we do not know you, your business, your work ethic, or your market.

Any testimonials, case studies, or success stories shared are individual experiences and are not typical. Past results achieved by us or our clients are no guarantee of future performance. You should not assume that you will achieve similar results.

By engaging with our services or purchasing our products, you acknowledge that no specific outcome has been guaranteed or implied by FX Web Media LLC, its owners, employees, or representatives.

We take your privacy seriously. By using our services, you consent to the collection and use of information as described in our practices. We collect only the information necessary to provide our services and do not sell your personal data to third parties.

For LeadFX clients: lead data collected through our system is provided exclusively to the subscribing client. We do not share lead data between clients or sell lead data to third parties. Upon termination of services, lead data access will be revoked.

You agree to indemnify, defend, and hold harmless FX Web Media LLC, its owners, officers, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our services or products
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your misuse of lead data or contact information provided through LeadFX
• Any content or materials you provide to us for use in marketing campaigns

Our services may involve the use of third-party platforms and services, including but not limited to Meta (Facebook/Instagram), Google, TikTok, Stripe, and various analytics and automation tools. We are not responsible for:

• Changes to third-party platform policies, algorithms, or pricing
• Service outages, data loss, or account suspensions by third-party platforms
• The accuracy or availability of third-party tools and integrations
• Any damages resulting from third-party platform actions or decisions

You are responsible for maintaining your own accounts on third-party platforms and complying with their respective terms of service.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration in Ellis County, Texas, in accordance with the rules of the American Arbitration Association.

You agree to waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

For active service clients, material changes to these Terms will be communicated via email at least 15 days prior to taking effect.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

These Terms, together with any service agreement, statement of work, or other written agreement between you and FX Web Media LLC, constitute the entire agreement between the parties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

If you have any questions about these Terms of Service, please contact us: