TERMS AND CONDITIONS

Last Updated: 09/21/2026

These Terms and Conditions ("Terms") govern access to and use of the services provided by FirstBright ("FirstBright," "Company," "we," "us," or "our"), including our sub-account platform, basic website, CRM pipeline features, email and SMS/text messaging tools, and automated lead-response chatbot ("Services"). By signing up for, accessing, or using the Services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree, do not sign up for or use the Services.

Company Information: Firstbright.io, FirstBright Software Solutions, 2680 S Val Vista Dr, Gilbert, AZ 85295. Contact: [email protected] / 877-801-4203.

1. DESCRIPTION OF SERVICES

Firstbright provides Customers with a hosted sub-account that may include, depending on the plan purchased: a basic business website, CRM pipeline/funnel management features, email marketing and transactional email tools, SMS/text messaging tools, and an automated chatbot/form-based tool that collects lead information from prospective customers ("Leads") who interact with Customer's website, funnels, or ads (collectively, the "Services"). Firstbright acts as a technology and platform provider; Customer is responsible for how it uses the Services, including all communications sent to its own Leads and customers, as further described in Section 7 and Section 9.

2. ELIGIBILITY & ACCOUNT REGISTRATION

To use the Services, you must be at least 18 years old, have the legal authority to enter into these Terms on behalf of yourself or the business you represent, and provide accurate, current registration and billing information. You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account.

3. SUBSCRIPTION, BILLING & PAYMENT

Access to a sub-account is provided on a recurring monthly subscription basis ("Subscription"). By subscribing, you authorize Firstbright to charge your designated payment method automatically on each monthly billing date for as long as your Subscription remains active. Subscriptions automatically renew each month unless cancelled in accordance with Section 6.

You are responsible for keeping your payment method current. If a charge fails, Firstbright may retry the charge, suspend the Services, and/or apply a late fee until payment is successfully collected. Prices are subject to change with at least [NUMBER] days' notice prior to your next billing date; continued use of the Services after a price change takes effect constitutes acceptance of the new price.

4. NO REFUND POLICY

ALL SUBSCRIPTION PAYMENTS ARE FINAL AND NON-REFUNDABLE. Once a Customer signs up and is charged for a sub-account, no refund, credit, or partial refund will be issued for any reason, including but not limited to: the Customer misunderstanding what was included in the plan, the Customer stating they "did not know" what they were signing up for, buyer's remorse, failure to use the Services, dissatisfaction with results, or any other reason not expressly stated in these Terms. It is the Customer's responsibility to review the plan details, pricing, and these Terms before completing sign-up and payment.

This no-refund policy applies regardless of how much (or how little) of the billing period the Customer has used, and applies to the setup/onboarding process as well as to each recurring monthly charge.

5. SETUP & ONBOARDING

Upon sign-up, Firstbright will configure the Customer's sub-account, including the basic website, standard pipeline/funnel setup, and standard automation/chatbot configuration for lead intake, and will provide onboarding on how to use these features. Setup and onboarding timelines, and any warranty applicable to initial setup, will be provided separately at sign-up or in an accompanying service agreement, if applicable.

6. CANCELLATION & NON-RENEWAL

You may cancel your Subscription at any time. To avoid being charged for the next billing cycle, you must notify of your cancellation at least two (2) days before your next scheduled billing/renewal date, using the cancellation method provided by (e.g., account portal, email to [email protected], or written notice). Cancellation requests received less than two (2) days before the renewal date may not be processed in time to prevent that cycle's charge, and, consistent with Section 4, that charge will not be refunded.

Upon effective cancellation, your sub-account, website, pipelines, automations, and any associated Lead data may be deactivated, archived, or deleted after a reasonable grace period, at Firstbright's discretion. Firstbright is not responsible for retaining or exporting Customer data after cancellation unless a data export was requested prior to the cancellation's effective date.

7. SMS / TEXT MESSAGING TERMS & A2P 10DLC COMPLIANCE

7.1 Purpose of This Section

The Services allow Customer to send SMS/text messages to its own Leads and customers (e.g., appointment reminders, lead follow-up, promotional offers, and two-way conversations) using Application-to-Person ("A2P") messaging registered through The Campaign Registry ("TCR") under the 10-Digit Long Code ("10DLC") framework. This Section sets out the rules that apply to all SMS/text messaging sent through the Services.

7.2 Consent Is Required Before Texting

Customer shall not use the Services to send SMS/text messages to any phone number unless Customer has obtained proper, documented prior express consent (opt-in) from that recipient to receive text messages of the specific type being sent (e.g., informational vs. marketing), in accordance with the Telephone Consumer Protection Act ("TCPA"), CTIA Messaging Principles and Best Practices, and carrier and TCR requirements. Pre-checked consent boxes, purchased/rented contact lists, and consent obtained for an unrelated purpose do not satisfy this requirement.

7.3 Required Disclosures at the Point of Opt-In

Any form, website, or workflow that Customer uses to collect SMS consent (whether hosted by Firstbright or by Customer) must clearly disclose, next to the opt-in checkbox itself (not only in a linked policy):

  • The business name sending the messages (matching Customer's registered brand)

  • The types of messages that will be sent (e.g., appointment reminders, promotional offers, service updates)

  • That message frequency varies

  • That message and data rates may apply

  • Instructions to reply STOP to unsubscribe and HELP for help

  • A visible link to the applicable Privacy Policy and Terms of Service

The opt-in checkbox must not be pre-checked and must not be a mandatory condition of submitting an unrelated form (e.g., a quote request).

7.4 STOP / HELP Handling

The Services are configured to honor STOP (or equivalent opt-out keywords) and HELP requests automatically where technically supported by the platform. Customer shall not use the Services to circumvent, disable, or ignore opt-out requests, and shall not re-add a phone number to a messaging campaign after that number has opted out, except where the recipient affirmatively opts back in.

7.5 Prohibited Message Content

Customer shall not use the Services to send messages containing, promoting, or related to any of the following restricted or high-risk categories, except where Customer has obtained the specific carrier/TCR campaign approval required for that category: sexually explicit content, hate speech or discriminatory content, illegal firearms or ammunition sales, illegal drugs or unauthorized cannabis sales, tobacco or vaping products, alcohol sales in violation of applicable law, debt collection, high-risk financial services, get-rich-quick schemes, phishing or deceptive links, or any content prohibited under CTIA guidelines or applicable law (informally known as the "S.H.A.F.T." restricted categories: Sex, Hate, Alcohol, Firearms, Tobacco, and similar high-risk content).

7.6 Campaign Registration

Firstbright will register the applicable brand and campaign information with TCR as required to enable A2P 10DLC messaging for Customer's sub-account. Customer agrees to provide accurate business information (legal name, EIN, address, website, and use-case description) for this registration and acknowledges that inaccurate information may result in messaging delays, throttling, or blocking by carriers, for which Firstbright is not responsible.

7.7 No Sharing of SMS Opt-In Data

Mobile phone numbers and SMS opt-in/consent data collected through the Services will not be shared with third parties or affiliates for their own marketing or promotional purposes. This data is used solely to deliver the Services Customer has configured (e.g., sending Customer's own messages to Customer's own Leads) and as described in Firstbright's Privacy Policy.

7.8 Customer Responsibility & Indemnification for Messaging

Customer is solely responsible for the content of all messages it sends through the Services, for obtaining and documenting proper consent, and for complying with the TCPA, CAN-SPAM (for email), CTIA guidelines, and all other applicable laws and carrier requirements. Customer agrees to indemnify and hold Firstbright harmless from any claims, fines, carrier penalties, or damages (including reasonable attorneys' fees) arising from Customer's messaging content, Customer's failure to obtain proper consent, or Customer's violation of this Section 7.

8. EMAIL COMMUNICATIONS

Email tools provided through the Services must be used in compliance with the CAN-SPAM Act and applicable anti-spam laws, including providing accurate sender information, a functioning unsubscribe mechanism, and honoring unsubscribe requests promptly. Customer shall not use the Services to send unsolicited bulk email ("spam") to purchased or scraped lists.

9. ACCEPTABLE USE

In addition to the messaging-specific restrictions in Section 7, Customer shall not use the Services to: violate any law or regulation; infringe on the intellectual property or privacy rights of any person; transmit malware, phishing content, or fraudulent schemes; harass, defame, or threaten any person; misrepresent Customer's identity or affiliation; or interfere with or disrupt the integrity or performance of the Services. Firstbright may suspend or terminate any sub-account used in violation of this Section without refund.

10. THIRD-PARTY PLATFORM DISCLAIMER

The Services are built on and depend on the telecommunications carriers, TCR, and other third-party infrastructure that Firstbright does not own or control. Firstbright is not responsible for outages, message delays, filtering, throttling, or blocking caused by, carriers, TCR, internet service providers, or other third parties, and such events do not entitle Customer to a refund or service credit except as Firstbright may agree at its sole discretion.

11. INTELLECTUAL PROPERTY

Firstbright retains all right, title, and interest in and to the Firstbright platform, templates, automations, chatbot configurations, and other underlying technology ("Firstbright IP"), excluding Customer's own content, branding, and Lead data. Customer is granted a limited, non-exclusive, non-transferable license to use the Firstbright IP solely as part of the Services during the Subscription term. Customer retains ownership of its own business content, branding, and the Lead/customer data it collects through the Services, subject to Firstbright's right to access such data as needed to provide the Services.

12. DATA & PRIVACY

Firstbright's collection and use of personal information, including Lead phone numbers and SMS consent records, is described in our Privacy Policy, which is incorporated into these Terms by reference. Customer is responsible for ensuring it has the legal right to collect and process the personal information of its own Leads and customers through the Services, and for providing its own Leads with any privacy disclosures required by applicable law.

13. SERVICE AVAILABILITY; DISCLAIMER OF WARRANTIES

Firstbright will use commercially reasonable efforts to keep the Services available, but does not guarantee uninterrupted or error-free operation. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRSTBRIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST LEADS, OR LOST BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIRSTBRIGHT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO FIRSTBRIGHT IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

15. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Firstbright, its owners, and personnel from and against any third-party claims, damages, fines, or expenses (including reasonable attorneys' fees) arising out of: (a) Customer's use of the Services; (b) Customer's messaging content or failure to obtain proper consent as described in Section 7; (c) Customer's violation of these Terms or applicable law; or (d) Customer's Lead or customer data.

16. SUSPENSION & TERMINATION BY FIRSTBRIGHT

Firstbright may suspend or terminate Customer's access to the Services, without refund, if: Customer violates these Terms (including the messaging and acceptable use restrictions in Sections 7–9); Customer's use generates excessive spam complaints, opt-out rates, or carrier filtering flags that put Firstbright's messaging infrastructure at risk; Customer's payment method fails and is not remedied within a reasonable period; or Firstbright reasonably believes suspension is necessary to comply with carrier, TCR, or legal requirements.

17. MODIFICATIONS TO THESE TERMS

Firstbright may update these Terms from time to time. Material changes will be posted on this page with an updated "Last Updated" date, and, where required by law, notice will be provided to active Customers. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of AZ, US, without regard to conflict-of-law principles. Any dispute arising out of these Terms shall first be addressed through good-faith negotiation, and if unresolved within 7 days, through [MEDIATION / BINDING ARBITRATION / the courts of [JURISDICTION] — specify].

19. MISCELLANEOUS

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the Privacy Policy and any order/service agreement, constitute the entire agreement between Customer and Firstbright regarding the Services. Firstbright's failure to enforce any provision is not a waiver of that provision. Customer may not assign these Terms without Firstbright's prior written consent.

20. CONTACT US

Questions about these Terms or the Services can be directed to:

, 38662 N La Grange Ln , San Tan Valley AZ 85140 Email: [email protected] Phone: (480) 740-3878