Terms and Conditions

These Terms govern general use of Cirrus websites, platforms, and services.

Paid services may also be governed by a proposal, order form, statement of work, master services agreement, subscription agreement, invoice terms, data processing agreement, or other written agreement between Cirrus and a client.

If a separate written agreement conflicts with these Terms regarding a paid service, the separate written agreement controls to the extent of the conflict.

Nothing on a public Cirrus website by itself requires Cirrus to accept a project, create a client relationship, or provide a particular service.

You must be at least 18 years old and legally capable of entering into an agreement to use services requiring an account or contractual relationship.

If you access Cirrus on behalf of a company or other organization, you represent that you have authority to bind that organization to applicable terms and agreements.

Cirrus may provide services including:

• Website strategy
• Website design and development
• Website hosting and maintenance
• Website demonstrations and concepts
• CRM software and client portals
• Quote and estimate systems
• Lead management tools
• Marketing automations
• SMS and email workflows
• Missed-call and follow-up systems
• Review-generation workflows
• Search engine optimization
• Local search services
• Google Business Profile services
• Paid advertising
• Lead-generation services
• Analytics and reporting
• Artificial-intelligence-assisted services
• Marketing audits
• Strategy sessions
• Consulting
• Other digital products and professional services

Specific scope, pricing, ownership, timelines, responsibilities, and deliverables may be defined in a separate client agreement.

Cirrus may offer free or promotional:

• Website concepts
• Website demonstrations
• Mockups
• Audits
• Assessments
• Lead-process reviews
• Growth plans
• Strategy sessions
• Competitor analyses
• Recommendations
• Other preliminary work

These materials are intended to illustrate potential opportunities or directions and may use placeholder content, estimated information, publicly available information, assumptions, sample data, proposed layouts, or preliminary recommendations.

Unless Cirrus expressly agrees otherwise in writing:

• A free concept or demonstration is not a final production deliverable.
• A free audit does not create an ongoing consulting relationship.
• Recommendations may change after additional discovery.
• Cirrus is not obligated to implement a concept merely because it was presented.
• Presentation of a concept does not transfer intellectual-property ownership.
• Cirrus may decline a project or engagement after a consultation.
• Additional work requires an applicable agreement.

Free concepts and audits are provided for evaluation and discussion and should not be treated as legal, tax, accounting, financial, engineering, or other regulated professional advice.

Certain Cirrus services may permit clients, staff members, contractors, or authorized users to create or receive accounts.

You are responsible for:

• Maintaining accurate account information
• Maintaining the confidentiality of credentials
• Restricting unauthorized account access
• Activities occurring through credentials assigned to you
• Promptly notifying Cirrus of suspected unauthorized access

You may not share credentials with unauthorized persons or attempt to access another user's account.

Cirrus may require authentication, verification, password resets, or other security measures.

Cirrus may use artificial intelligence, machine learning, generative AI, large language models, automation, and related systems as assistive technologies in providing and improving services.

AI may assist with activities including:

• Design
• Written content
• Images
• Code
• Research
• Data organization
• Website analysis
• SEO analysis
• Marketing analysis
• Lead analysis
• Workflow design
• Automation
• Draft communications
• Reporting
• Customer support
• Internal operations

Cirrus's use of AI does not mean that Cirrus services are exclusively generated or delivered by AI.

Cirrus personnel may direct, review, modify, approve, reject, or otherwise oversee AI-assisted work as appropriate.

Some AI functionality may rely on third-party AI or cloud providers.

You acknowledge that AI systems are evolving technologies and that machine-generated suggestions or outputs may require human review, correction, modification, or additional context.

You may not use Cirrus systems or AI-enabled functionality to:

• Violate applicable law
• Unlawfully discriminate
• Deceive or impersonate others unlawfully
• Infringe intellectual-property rights
• Generate or distribute unlawful material
• Circumvent legal rights or safeguards
• Facilitate fraud or criminal activity
• Upload information you lack authority to process

You may provide Cirrus with content including:

• Text
• Photographs
• Logos
• Trademarks
• Videos
• Reviews
• Customer information
• Product or service information
• Business information
• Pricing
• Files
• Databases
• Lead information
• Marketing materials
• Other content

You represent that you have all rights, licenses, permissions, notices, and consents necessary for Cirrus to receive, store, reproduce, modify, display, transmit, process, or otherwise use that content as reasonably necessary to provide the requested services.

You are responsible for the accuracy and legality of materials and instructions you provide.

Cirrus is not required to independently verify your ownership of every item supplied by you.

If you use Cirrus systems to collect, import, upload, store, manage, analyze, contact, or otherwise process information concerning your leads or customers, you are responsible for ensuring that your collection and use of that information complies with applicable law.

This includes responsibility for obtaining any legally required:

• Privacy notices
• Marketing permissions
• Telephone consent
• SMS consent
• Email permissions
• Call-recording notices
• Data-processing permissions
• Opt-out mechanisms
• Other consumer authorizations

You authorize Cirrus to process such information on your behalf as reasonably necessary to provide the applicable services.

Cirrus may rely on your instructions and representations concerning your authority to process client-provided data.

Certain Cirrus services may facilitate telephone, email, SMS, automated follow-up, appointment reminders, customer-service communications, or other communications.

Clients are responsible for:

• The recipients they contact
• The content they direct Cirrus systems to send
• Maintaining appropriate consent records
• Honoring opt-outs
• Maintaining suppression lists where required
• Complying with applicable communications and marketing laws

Cirrus may implement tools intended to assist with compliance, but such tools do not transfer the client's legal responsibilities to Cirrus.

Cirrus may suspend messaging functionality where we reasonably believe use presents legal, security, abuse, deliverability, or platform risk.

Cirrus Property

Except where expressly transferred in a written agreement, Cirrus retains all right, title, and interest in and to its pre-existing and reusable intellectual property, including:

• Software
• Source code
• Applications
• Platforms
• CRM systems
• Quote-builder technology
• Website-builder technology
• Internal tools
• Libraries
• Frameworks
• Templates
• Reusable components
• Automation infrastructure
• Workflow logic
• Systems architecture
• Methods
• Processes
• Documentation
• Prompt systems
• AI workflows
• Data structures
• Algorithms
• Designs
• Know-how
• Trade secrets
• Branding
• Research
• Internal operating systems
• Improvements and derivative technology

A client does not acquire ownership of Cirrus's underlying technology merely because the technology is used in a client's project.

Client Property

Clients retain ownership of materials, branding, content, photographs, trademarks, data, and other intellectual property they owned before providing them to Cirrus.

Ownership or license rights concerning custom deliverables created by Cirrus are determined by the applicable client agreement.

Unless a written agreement expressly provides otherwise, nothing in these Terms transfers Cirrus intellectual property to a client.

Limited License

To the extent necessary to provide services, a client grants Cirrus a nonexclusive license to use, reproduce, host, modify, format, transmit, and display client-provided materials for the purpose of performing the applicable services.

Unless prohibited by a separate written agreement, Cirrus may identify a business as a client and may display publicly available portions of completed or publicly launched work for legitimate portfolio, case-study, demonstration, award, promotional, or business-development purposes.

This may include:

• Client name
• Client logo
• Screenshots
• Website pages
• Publicly available project descriptions
• Before-and-after examples
• General descriptions of work performed

Cirrus will not intentionally publish confidential client information merely for portfolio purposes.

If you provide suggestions, ideas, recommendations, or other feedback concerning Cirrus products or services, you authorize Cirrus to use that feedback to improve, develop, market, or operate Cirrus products and services without an obligation to compensate you, unless otherwise agreed in writing.

You may not use Cirrus websites, accounts, products, or services to:

• Violate any law or regulation
• Commit fraud
• Infringe copyrights, trademarks, privacy rights, publicity rights, or other rights
• Upload malicious software
• Circumvent security controls
• Probe, scan, or test systems without authorization
• Reverse engineer proprietary software except where such restriction is prohibited by law
• Scrape or harvest information in an abusive or unauthorized manner
• Send unlawful spam
• Facilitate unlawful telemarketing
• Impersonate another person
• Interfere with system availability
• Access data you are not authorized to access
• Resell or sublicense services without authorization
• Use Cirrus systems for unlawful, deceptive, abusive, or harmful activities

We may investigate suspected violations and restrict access where reasonably necessary.

Cirrus services may depend upon or integrate with third-party products and services, including:

• Search engines
• Advertising platforms
• Social-media platforms
• Domain registrars
• Website hosts
• Cloud providers
• Payment processors
• Communications providers
• Scheduling services
• Mapping services
• Analytics services
• APIs
• Plugins
• AI providers
• Email providers
• Software libraries
• Other technology vendors

Third parties operate independently and may:

• Change their APIs
• Change pricing
• Change policies
• Modify functionality
• Suspend accounts
• Restrict services
• Experience outages
• Discontinue products
• Change technical requirements

Cirrus does not control those independent third parties.

Where a third-party account belongs to a client, the client remains responsible for complying with that platform's terms and maintaining the account in good standing.

Clients are responsible for ensuring their business, products, services, marketing materials, and instructions comply with rules imposed by third-party platforms they choose to use.

Cirrus may refuse or discontinue work involving:

• Illegal products or services
• Prohibited products
• Fraud
• Deceptive marketing
• Intellectual-property infringement
• Platform-policy violations
• Activities creating unreasonable legal or reputational risk to Cirrus

Cirrus is not required to implement client instructions that Cirrus reasonably believes are unlawful, infringing, deceptive, unsafe, or prohibited by an applicable platform.

Cirrus may offer beta, preview, experimental, early-access, prototype, or developing functionality.

Such functionality may:

• Change
• Contain errors
• Have incomplete features
• Be unavailable periodically
• Be discontinued
• Be replaced
• Require data migration

Access to beta functionality does not create a permanent right to that functionality.

Pricing and payment obligations for paid services are governed by the applicable proposal, order form, invoice, subscription terms, or client agreement.

Such agreements may address:

• Deposits
• One-time fees
• Recurring charges
• Hosting fees
• Subscription fees
• Usage fees
• Payment schedules
• Renewals
• Cancellation
• Late payments
• Refunds
• Credits

These public Terms do not create a refund, credit, cancellation, or ownership right beyond a right expressly provided in an applicable agreement or required by law.

You are responsible for applicable taxes associated with your purchase unless the governing agreement states otherwise.

Cirrus may suspend or restrict access to services where reasonably necessary because of:

• Nonpayment
• Security risk
• Unauthorized access
• Abuse
• Illegal activity
• Violation of these Terms
• Violation of an applicable client agreement
• Third-party platform restrictions
• Legal requirements
• Risk to Cirrus or other users

Termination of access does not automatically eliminate payment obligations or other obligations that accrued before termination.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, confidentiality, payment obligations, limitations of liability, indemnification, and disputes.

During a client relationship, either party may receive nonpublic business, technical, customer, operational, financial, or strategic information belonging to the other party.

Where information is reasonably understood to be confidential, each party should use reasonable care to protect it and use it only for legitimate purposes related to the relationship, subject to any more specific confidentiality agreement between the parties.

Confidential information does not include information that:

• Becomes public through no breach of obligation
• Was already lawfully known
• Is lawfully obtained from another source without confidentiality restrictions
• Is independently developed without use of confidential information

A party may disclose confidential information where required by law after providing notice when legally permitted.

Except for warranties expressly contained in a separate signed agreement, and to the maximum extent permitted by applicable law, Cirrus websites, platforms, preliminary concepts, free materials, and online functionality are provided on an “as available” and “as is” basis.

Cirrus disclaims warranties that may otherwise be implied by law to the extent such warranties may legally be disclaimed.

Nothing in this section eliminates any warranty, remedy, or consumer right that applicable law does not permit the parties to waive.

To the maximum extent permitted by law, Cirrus and its owners, employees, contractors, affiliates, and agents will not be liable under these Terms for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, or loss of data, arising out of use of the websites or online services.

To the maximum extent permitted by law, Cirrus's aggregate liability arising solely under these public Terms will not exceed the greater of:

1. The amount paid to Cirrus for the specific service directly giving rise to the claim during the three months immediately preceding the event giving rise to the claim; or
2. One hundred U.S. dollars if no fee was paid for that service.

A separate client agreement may contain a different limitation of liability, in which case that agreement controls.

These limitations do not apply where applicable law prohibits such limitation.

If you use Cirrus on behalf of a business or organization, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless CIRRUS Media LLC and its owners, employees, contractors, affiliates, and agents from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal expenses arising from:

• Content or materials supplied by you
• Your business operations
• Your instructions to Cirrus
• Your violation of applicable law
• Your violation of third-party rights
• Your collection or use of customer data
• Your failure to obtain required communications consent
• Your use of Cirrus systems in violation of these Terms
• Products or services you advertise or sell

This provision does not require indemnification to the extent prohibited by applicable law.

You agree that communications, notices, approvals, records, and agreements may be provided electronically where permitted by law.

Electronic acceptance mechanisms, including account registration, checkboxes, electronic signatures, or other affirmative electronic actions, may evidence agreement where permitted by applicable law.

You are responsible for maintaining a current email address and other applicable account contact information.

If you believe material appearing through a Cirrus-controlled service infringes your intellectual-property rights, contact:

daniel@cirrusmedia.net

Please provide sufficient information for us to identify the material and evaluate your request.

Cirrus may remove or restrict content where appropriate.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except where federal law or another mandatory law applies.

Unless a separate written agreement provides otherwise, any legal proceeding arising from these Terms that may properly be brought in court shall be brought in a state or federal court with jurisdiction in or serving Tarrant County, Texas.

Before initiating litigation, the parties are encouraged to provide written notice of the dispute and make a reasonable good-faith effort to resolve it informally.

Nothing in these Terms deprives a party of rights that cannot lawfully be waived.

Cirrus may add, remove, modify, suspend, or discontinue website features, platform features, services, integrations, or functionality.

Where an existing paid client agreement establishes specific obligations, changes remain subject to that agreement.

We may revise these Terms from time to time.

The current version will display its effective or last-updated date.

Where applicable law or a governing agreement requires additional notice of a material change, we will provide such notice.

Continued use after an applicable updated Terms effective date may constitute acceptance where legally permitted.

You may not assign contractual rights or obligations relating to a Cirrus account or service without Cirrus's prior written consent where consent is required.

Cirrus may assign its rights and obligations in connection with a merger, reorganization, sale of assets, financing, corporate restructuring, or transfer of the applicable business.

If a provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

An invalid provision will be interpreted or limited as necessary to best accomplish its lawful purpose.

Failure by Cirrus to enforce a provision on one occasion does not waive our right to enforce that provision later.

These Terms, together with the Privacy Policy and any applicable signed agreement, order, proposal, statement of work, subscription terms, or other incorporated terms, constitute the agreement applicable to the subject matter they govern.

CIRRUS Media LLC

DBA Cirrus Local

6424 Brynwyck Lane

North Richland Hills, Texas 76182

United States

Email: daniel@cirrusmedia.net

Telephone: 817-948-1179

Websites:

CirrusLocal.com

CirrusMedia.net