Terms of Service

Last updated

LOBSTER FERRET

Effective Date: April 22, 2026
Last updated: October 29, 2026

These Terms of Service (“Terms”) govern your use of the Lobster Ferret website at lobsterferret.com, the Lobster Ferret Onboarding Portal at onboard.lobsterferret.com (the “Portal”) and any related digital marketing services provided by KW Branding and Design LLC, doing business as Lobster Ferret (“Lobster Ferret,” “we,” “us,” or “our”).

By using our website or the Portal, you (“Client,” “you,” or “your”) agree to these Terms. If you do not agree, do not use them.

1. ELIGIBILITY AND AUTHORITY

You represent that:

  • You are at least 18 years old
  • You are authorized to act on behalf of the business you represent
  • You have the authority to grant Lobster Ferret access to the third-party platforms, accounts, and data you connect through the Portal
  • The information you provide through the Portal is accurate and complete

2. THE PORTAL AND OUR SERVICES

a. Purpose

The Portal is provided as a convenience to allow you to securely grant Lobster Ferret access to third-party platforms (Google Ads, Google Analytics, Meta Business Manager, Google Business Profile, etc.) and to submit business information we need to begin providing digital marketing services to you.

b. Relationship to Your Engagement Agreement

Use of the Portal does not, by itself, constitute an engagement. The specific scope, deliverables, fees, and term of our services are governed by a separate engagement agreement, statement of work, or proposal between you and Lobster Ferret (the “Engagement Agreement”). In the event of a conflict between these Terms and your Engagement Agreement, the Engagement Agreement controls.

c. Access Grants

When you authorize Lobster Ferret to access a third-party platform through the Portal, you authorize us to use that access solely to perform the services described in your Engagement Agreement.

3. YOUR RESPONSIBILITIES

You agree to:

  • Provide accurate, complete, and current information through the Portal
  • Keep your email address and contact information up to date
  • Promptly notify us if your contact information changes or if you suspect unauthorized access
  • Comply with the terms of service and acceptable use policies of the third-party platforms you authorize us to access
  • Not use the Portal for any unlawful purpose or in violation of these Terms

You are solely responsible for:

  • The accuracy of information you submit
  • The lawfulness of your business and the content you ask us to work with
  • Maintaining active accounts on third-party platforms (we cannot perform services if your platform accounts are suspended or deleted)
  • All fees owed to third-party platforms (ad spend, hosting, etc.). The Portal does not cover these.

4. PLATFORM ACCESS AND REVOCATION

a. Scope of Access

You grant Lobster Ferret the specific access levels you select through the Portal (such as “Admin,” “Manager,” “Editor”). We will not exceed the scope you authorized.

b. Revoking Access

You may revoke platform access at any time by removing us as a user or manager within the relevant platform, or by emailing info@lobsterferret.com.

c. Effect of Revocation

Revoking access may prevent us from performing some or all of the services in your Engagement Agreement. You remain responsible for fees already incurred under the Engagement Agreement regardless of revocation.

5. INTELLECTUAL PROPERTY

a. Your Content

You retain all ownership of content, data, and materials you submit to the Portal (“Client Content”). You grant Lobster Ferret a non-exclusive license to access, use, modify, and display Client Content solely as necessary to provide the services in your Engagement Agreement.

b. Our Platform

The Portal and all underlying software, design, text, and documentation are owned by Lobster Ferret or our licensors and are protected by intellectual property laws. You may not copy, modify, reverse engineer, or create derivative works of the Portal.

c. Deliverables

Ownership of deliverables produced under your Engagement Agreement (reports, campaigns, ad creative, copy, etc.) is addressed in the Engagement Agreement, not these Terms.

6. CONFIDENTIALITY

We will treat information you submit through the Portal as confidential and will not disclose it except:

  • To our personnel and sub-processors who need it to perform services for you
  • As permitted in our Onboarding Portal Privacy Addendum
  • As required by law or legal process

You agree to treat Lobster Ferret’s non-public Portal features, pricing, and operational information as confidential.

7. FEES

The Portal itself is provided without charge as part of your engagement with Lobster Ferret. Fees for our services are governed by your Engagement Agreement.

8. TERM AND TERMINATION

a. Term

These Terms are effective when you first use the Portal and continue until terminated.

b. Termination by You

You may stop using the Portal at any time. You may also request deletion of your Portal account and data as described in the Onboarding Portal Privacy Addendum.

c. Termination by Us

We may suspend or terminate your access to the Portal at any time, with or without notice, if:

  • You breach these Terms or your Engagement Agreement
  • Your engagement with Lobster Ferret ends
  • We discontinue the Portal

d. Effect of Termination

Termination of Portal access does not terminate your Engagement Agreement, which has its own termination provisions.

9. DISCLAIMERS

THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOBSTER FERRET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that:

  • The Portal will be available at all times or free from defects
  • Third-party platforms will remain available or maintain their current APIs
  • Access grants we facilitate will be accepted by the underlying platform (for example, a platform may reject or require additional verification)

Results and Tracking

The marketing information on our website, including our playbooks, guides and service pages, is general information. It is not advice for your specific business and not a promise of results.

Case study results describe what happened for those clients. They are not typical or guaranteed outcomes.

Marketing results depend on things outside our control, including your budget, market, competition, pricing, how quickly your team follows up, and changes made by Google, Meta and other platforms. We do not guarantee any specific number of leads, booked jobs, customers, rankings or revenue.

What we can track and report depends on your CRM, booking or scheduling software, website and the ad platforms, including whether your software can send data back to us through an API or webhook, and on platform privacy limits and visitor consent. Some reporting, including results by channel, is directional rather than exact.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • IN NO EVENT WILL LOBSTER FERRET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE PORTAL
  • LOBSTER FERRET’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU PAID TO LOBSTER FERRET UNDER YOUR ENGAGEMENT AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF NO FEES HAVE BEEN PAID

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lobster Ferret and its officers, employees, and contractors from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Your breach of these Terms
  • Your violation of any law or third-party right
  • Your Client Content
  • Your unauthorized grant of access to third-party platforms you do not have the authority to authorize

12. GOVERNING LAW AND DISPUTE RESOLUTION

a. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.

b. Venue

Any dispute arising from or related to these Terms or the Portal will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction and venue in those courts.

c. Informal Resolution First

Before filing a formal claim, you agree to try to resolve any dispute by emailing info@lobsterferret.com with a description of the dispute and your desired resolution. We will make good-faith efforts to resolve the dispute within 30 days.

d. No Class Actions

To the maximum extent permitted by law, you agree that any dispute will be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13. GENERAL PROVISIONS

a. Entire Agreement

These Terms, together with your Engagement Agreement and the Onboarding Portal Privacy Addendum, constitute the entire agreement between you and Lobster Ferret regarding the Portal.

b. Changes

We may update these Terms from time to time. Material changes will be communicated by email or by notice within the Portal. Your continued use of the Portal after changes take effect constitutes acceptance of the updated Terms.

c. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

d. No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

e. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

f. Notices

Notices to Lobster Ferret must be sent to info@lobsterferret.com. Notices to you will be sent to the email address associated with your Portal account.

14. CONTACT US

Lobster Ferret (KW Branding and Design LLC)

633 W. Davis St. #283

Dallas, TX 75208

Email: info@lobsterferret.com

Phone: (214) 810-2124