Effective Date: January 1, 2025
Last Updated: January 1, 2025

Welcome to Afra Visibility ("we," "us," "our," or "Afra"). These Terms of Service ("Terms") govern your use of our website, services, automation systems, digital influencer campaigns, store audits, and all related offerings (collectively, the "Services").

By accessing our website or engaging with our Services, you ("User," "Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.

1. Acceptance and Scope

1.1 Agreement Scope

These Terms apply to all users of our website and all clients who engage our Services, including but not limited to:

• Website visitors and browsers

• Service inquiries and consultations

• Contracted automation system clients

• Store audit clients

• Newsletter subscribers and content consumers

1.2 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information. By using our Services, you also agree to our Privacy Policy, which is incorporated by reference into these Terms.

2. Age Requirements and Eligibility

2.1 Minimum Age

You must be at least 18 years old to use our website or Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

2.2 Business Requirements

To engage our professional Services, you must:

• Operate a legitimate business or have authority to act on behalf of a business

• Provide accurate and complete information about your business

• Have the legal capacity to enter into binding agreements

3. Services Overview

3.1 Current Offerings

• AFRA Automation System Setup + Maintenance: Lead capture and DM follow-up automation designed to increase conversion rates

• Store Audit: Comprehensive analysis providing actionable insights on visual merchandising, digital presence, and traffic conversion

• Website Content: Educational resources, blog posts, and business insights

• Consultations: Strategy calls and business assessments

3.2 Future Offerings

• Digital Influencer Campaigns (terms to be updated upon launch)

• Additional automation tools and services

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our website and Services for lawful business purposes only, including:

• Learning about our services and capabilities

• Engaging with our content and resources

• Participating in legitimate business consultations

• Implementing our systems for your authorized business activities

4.2 Prohibited Uses

You may not:

• Use our Services for any illegal or unauthorized purpose

• Violate any laws, regulations, or third-party rights

• Attempt to gain unauthorized access to our systems or data

• Copy, distribute, or reverse engineer our proprietary systems

• Use our Services to spam, harass, or harm others

• Submit false, misleading, or fraudulent information

• Interfere with the operation of our website or Services

• Use automated systems to access our website without permission

4.3 Content Standards

All content you provide must be:

• Accurate and truthful

• Your own or properly licensed

• Free of malicious code or harmful materials

• Compliant with applicable laws and regulations

• Respectful and professional

5. Service Terms and Pricing

5.1 Service Agreements

• Service fees, scope, and terms will be outlined in individual service agreements or proposals

• All services are subject to our qualification criteria and acceptance

• We reserve the right to refuse service to any potential client

5.2 Payment Terms

• Payment terms will be specified in your individual service agreement

• Late payments may result in suspension of services and additional fees

• All fees are non-refundable once services have been rendered, except as specified in Section 9

5.3 Website Purchases

For any products or services purchased directly through our website:

• Payment is due at time of purchase unless otherwise specified

• Digital products are delivered electronically

• Physical products are subject to shipping terms and conditions

6. Client Responsibilities

6.1 Information and Access

• Provide accurate, current, and complete information

• Maintain the confidentiality of any login credentials

• Notify us immediately of any unauthorized use of your account

• Cooperate reasonably with our service delivery requirements

6.2 Compliance

• Follow all applicable laws and regulations

• Respect intellectual property rights

• Comply with social media platform terms of service

• Implement our recommendations in good faith

7. Our Responsibilities

7.1 Service Delivery

• Deliver services in accordance with agreed specifications and timelines

• Provide training and support as outlined in your service package

• Maintain reasonable security measures for your information

• Respect the confidentiality of your business information

7.2 Service Quality

• Deliver services with professional standards and industry best practices

• Provide training and support as outlined in your service package

• Monitor system performance and provide updates as specified in your agreement

8. Intellectual Property

8.1 Afra Property

• All content, systems, methodologies, training materials, and proprietary processes remain our intellectual property

• Users receive only a limited license to use our materials for authorized purposes

• Unauthorized copying, distribution, or reverse engineering is prohibited

8.2 User Content

• You retain ownership of content you provide to us

• You grant us a limited license to use your content solely for providing our Services

• You represent that you have all necessary rights to the content you provide

9. Refunds and Cancellations

9.1 Service Refunds

• Services are generally non-refundable once delivered

• Refund requests must be made in writing within 30 days of service completion

• Refunds are evaluated on a case-by-case basis and granted at our sole discretion

• Processing fees and third-party costs are non-refundable

9.2 Website Purchases

• Digital products are non-refundable once accessed or downloaded

• Physical products may be returned within 30 days in original condition

• Return shipping costs are the responsibility of the purchaser

9.3 Subscription Services

• Subscription services may be cancelled with appropriate notice as specified in your agreement

• No refunds for partial subscription periods unless required by law

10. Disclaimers and Warranties

10.1 Service Disclaimers

• Our Services are provided "as is" without warranties of any kind

• We do not guarantee specific business results or outcomes

• Success depends on various factors including your implementation and market conditions

• We are not responsible for changes in third-party platforms or policies

10.2 Website Disclaimers

• Website content is for informational purposes only

• We make no representations about the accuracy or completeness of website content

• Your use of website information is at your own risk

10.3 Limitation of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

11.1 Liability Limits

• Our total liability shall not exceed the amount paid by you for our Services in the 12 months preceding the claim

• We are not liable for indirect, incidental, consequential, or punitive damages

• This limitation applies regardless of the theory of liability

11.2 Exceptions

Some jurisdictions do not allow certain liability limitations. In such cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of our Services or website

• Your violation of these Terms

• Your violation of any third-party rights

• Any content you provide to us

13. Termination

13.1 Termination Rights

• Either party may terminate service agreements as specified in individual contracts

• We may suspend or terminate website access for Terms violations

• We may modify or discontinue Services with reasonable notice

13.2 Effect of Termination

• Upon termination, you must cease using our proprietary systems

• Accrued payment obligations survive termination

• Confidentiality and intellectual property provisions survive termination

14. Dispute Resolution

14.1 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Tarrant County, Texas, and you consent to the jurisdiction of such courts.

14.2 Dispute Process

• Disputes should first be addressed through good-faith negotiation

• For claims under $10,000, either party may elect binding arbitration

• Arbitration will be conducted under the rules of the American Arbitration Association

• Each party bears their own costs unless otherwise awarded

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

15. General Provisions

15.1 Modifications

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with 30 days notice. Continued use after modifications constitutes acceptance.

15.2 Severability

If any provision is found unenforceable, the remainder of these Terms remains in full force and effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any individual service agreements, constitute the entire agreement between the parties.

15.4 Assignment

We may assign these Terms or any rights hereunder. You may not assign your rights without our written consent.

15.5 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

15.6 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16. Contact Information

Afra Visibility
Morgan Jackson, Founder/Managing Partner
3100 Waterside Dr, Arlington, TX 76012
Email: morgan@afravisibility.com

For legal notices, please send correspondence to the address above or email us at team@afravisibility.com.

By using our website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.