Last Updated: October 23rd, 2025

Agreement to Our Legal Terms

Welcome to Free Agency. By accessing or using our services (defined below), you’re agreeing to a binding legal agreement with us, Free Agent, LLC, a Florida-based company operating as Free Agency (“we,” “us,” “our”). 

Here’s the deal: By purchasing, subscribing, or otherwise engaging with Free Agency, whether through our website, proposals, or written agreements, you confirm that you’ve read and agree to these Terms of Service. All use of our Services constitutes acceptance of these Terms in full, without limitation or qualification. If not, stop here and don’t use the Services.

We’re transparent about how we operate, and we expect the same from you. If you ever have a question, reach us by:

• Phone: 321.200.0438

• Email: cmo@freeagency.ai

• Mail: We’re a digital-first company, so we don’t process physical mail. Please reach out via email.

Who Can Use the Services

The Services are for adults (18+). If you’re under 18, it’s a no-go. If you’re in a country where our services would violate local laws, sorry, but we’re not available there.

Updating These Terms

We’ll occasionally tweak these terms. We’ll update the “Last Updated” date, but we won’t spam you with every small change. It’s on you to stay up-to-date. If you keep using our Services, that means you agree to the changes.

Intellectual Property

We own or license everything you see or use as part of our Services — including our website, publications, templates, data systems, dashboards, frameworks, playbooks, and partner integrations. These materials represent Free Agency’s proprietary methodology and intellectual property, developed through significant investment and experience.

Any access you have to these systems or processes is provided under a limited, non-transferable right of use while our engagement is active. That right ends automatically when our engagement ends or if you breach these Terms.

This includes, but isn’t limited to, our:

• marketing and operational frameworks,

• strategic roadmaps and campaign architectures,

• performance tracking and attribution structures,

• vendor network, pricing models, and partner discounts.

All of these remain the exclusive property of Free Agency and may not be reproduced, reverse-engineered, shared, or repurposed—whether in whole or in part—outside the scope of our Services. Any attempt to replicate or independently apply these materials will result in immediate loss of access to our systems, negotiated vendor terms, and partner programs.

This should not be confused with any work our partners produce specifically for our clients that has been paid for and purchased by them. This includes, but is not limited to, websites, creative assets, ad accounts, and other deliverables created and owned by the client.

Want to use our stuff for something else? Email us at cmo@freeagency.ai. If we say yes, give credit where it’s due.

Technology License

When you use our technology—including any AI, analytics, or automation platforms we develop, you’re granted a limited, non-exclusive, non-transferable license to access and use those tools solely for your own internal business purposes while our engagement is active.

You can’t copy, modify, resell, reverse-engineer, or use these systems outside the scope of our Services. All code, models, data structures, and algorithms remain the sole property of Free Agency. Once our engagement ends, your license ends too.

Automation and AI Systems

Some of our platforms use automation and artificial intelligence to enhance marketing, operational, and strategic performance. These systems may independently make or recommend adjustments—such as bid changes, campaign routing, message timing, or budget distribution—based on live data and defined objectives.

We design, monitor, and refine these systems using reasonable care and commercially accepted safeguards, but neither AI nor humans are infallible. By using our Services, you acknowledge that automated tools can produce unexpected or imperfect results and agree that Free Agency is not liable for outcomes, errors, or delays arising from algorithmic or automated decision-making, data variances, or system limitations.

We continually improve these systems and treat them as part of the same standard of professional diligence applied to all human-led work.

Data

Storage: Any information you share with us may be securely stored in our Google Workspace environment. While we take reasonable precautions to protect your data, please note that no system is entirely foolproof.

Rights: All performance data, dashboards, reports, and analytical frameworks developed through our Services remain the intellectual property of Free Agency. Clients may access and export flat results but may not replicate the underlying models, formulas, structures, or logic.

Confidentiality: Both parties agree to keep each other’s non-public information confidential, including marketing data, strategy, financials, or other proprietary materials shared during engagement. This obligation continues indefinitely beyond termination.

Your Contributions

If you send us feedback, ideas, or content, you’re giving us the right to use it however we want—forever. We can modify, share, or sell it without needing your permission again. If you upload content that isn’t yours, you’re responsible for any fallout.

Billing and Subscriptions

We keep it simple:

• All services are pre-billed. If we are not paid, we do not perform services. There are no post-billing or extended terms on services(30-60 days). This structure keeps us efficient and eliminates the need for a dedicated accounting team.

• Payments: All transactions occur via Stripe and are therefore subject to a 3% credit card fee.

• ACH payments: You can opt for ACH as a fee-free option instead if notified ahead of time and paid directly.

• Subscriptions: Auto-renewal is the default. Cancel anytime via your account settings—no refunds, though.

If we change prices, we’ll give you a heads-up as required by law.

Agency of Record (AOR) Authorization

By purchasing any Free Agency service, subscription, or engagement, you formally designate Free Agency as your Agency of Record (“AOR”) for all marketing, advertising, media, technology, creative, and communication services we manage or integrate on your behalf. This includes, without limitation, paid search, SEO, social, streaming, television, radio, outdoor, direct mail, print, email, SMS, automation, content, web, and any other digital or traditional channels or services that impact your marketing performance.

As your AOR, you authorize Free Agency to:

• act on your behalf with all advertising networks, technology vendors, media outlets, agencies, and service partners;

• plan, execute, manage, and optimize all campaigns and initiatives across channels consistent with the approved annual marketing game plan;

• engage, coordinate, and direct vendors, contractors, and third parties as needed to fulfill your marketing strategy;

• make, commit, and reconcile advertising, technology, or service payments using the payment methods you’ve authorized (credit card, ACH, or other approved accounts); and

• use and share those payment credentials exclusively for activities conducted on your behalf under this AOR.

You acknowledge that campaign fulfillment, vendor engagement, and spend distribution will ebb and flow throughout the year to achieve your annual objectives. Free Agency’s authority therefore applies to the management of your total marketing ecosystem and annual investment—not to fixed monthly allocations.

Free Agency may, at its discretion, supersede, override, or replace any existing Agency of Record or vendor arrangement to ensure unified management, consistent strategy execution, and optimal performance across all channels.

You agree that the AOR document and credit-card authorization form we issue serve as your ongoing consent for these activities. If you revoke our AOR status, all campaigns, technology access, and preferred vendor terms tied to that designation will be paused or terminated immediately, and any performance guarantees will no longer apply.

Third-Party Agreements. From time to time, Free Agency may execute service agreements, orders, or subscriptions with third-party vendors or partners (“Third-Party Providers”) as an authorized agent of the client. In all such cases, the client remains the ultimate contracting party and assumes full responsibility for all fees, liabilities, obligations, and compliance requirements arising from those relationships. Free Agency shall not be deemed the customer of record for any Third-Party Provider and shall bear no financial or legal liability beyond the scope of its role as agent.

Performance Guarantee

We guarantee results—plain and simple. So iconic, we’ve named it the 10x Our Fee Guarantee™. 

Our CMO Services

• The Captain – If your business generates at least $10M in annual revenue, our CMO services ($15K/month or $150K-$300K/year) guarantee a minimum $1.5M–$1.8M in revenue growth within one year by following our plan.

• The Commissioner – For business groups with collective annual revenue over $20M+, our Enterprise plan ($25K/month or $250K-$300K/year) guarantees $2.5M–$3M in revenue growth within one year.

If that doesn’t happen, we’ll keep working for free until it does—ensuring that, over the course of each year, our fees never exceed 10% of the revenue growth we deliver. This offer renews annually and is perpetual.

The Fine Print (Because We’re Confident, Not Reckless)

• You must be on ServiceTitan.

• Baseline used will be last 12 months. 

• You must approve our proposed marketing game plan in Month 1 and ensure it remains fully funded throughout the year, committing to working with our M2M preferred partners throughout that time. 

• Your operational metrics (booking rate, run rate, average ticket, etc.) must remain stable and not drop in a way that materially impacts execution.

• If conditions arise that prevent us from achieving the 10x threshold, we reserve the right to cease services rather than continue under terms that would invalidate the guarantee, ensuring you don’t incur expenses incongruent with the 10x guarantee.

• “Working for free” means Free Agency will waive ongoing CMO fees until the guaranteed revenue is met. It does not apply to third-party ad spend, vendor costs, or other non-Free Agency fees.

• This guarantee applies only while the client remains in full compliance with these Terms, including the Partnership Integrity and Non-Solicitation section.

We only offer this guarantee because we know what we’re doing. If we take you on, it’s because we know we can win. 

Prohibited Activities

Don’t:

• Violate laws, spam users, or harass our team.

• Try to hack us, steal data, or abuse our Services.

• Use our Services to compete with us or mislead others.

Basically, don’t be shady.

Partnership Integrity and Non-Solicitation

Our results rely on a connected ecosystem of people, partners, and proprietary systems. Protecting that ecosystem protects the performance you hired us for.

By using our Services, you agree to the following:

• No Poaching. You may not, directly or indirectly, solicit, recruit, hire, or engage any Free Agency employee, contractor, or representative during the term of our engagement and for twenty-four (24) months afterward without our written consent.

• No End-Runs Around Our Partners. Our preferred vendors and partners operate under negotiated terms that exist because of our collective volume and infrastructure. You agree not to contract with, solicit, or attempt to replicate those relationships independently for any products or services introduced or managed by Free Agency for twenty-four (24) months after our engagement ends.

• Loss of Access if Replicated. Our frameworks, partner network, and negotiated pricing are proprietary to Free Agency. Any attempt to duplicate or independently apply our strategies, processes, or vendor relationships outside our engagement is prohibited. In such cases, you immediately forfeit continued use of our frameworks, access to our dashboards and systems, and all rights to any preferred vendor terms or discounts, each of which our partners are contractually bound to honor only through Free Agency.

These boundaries aren’t punitive; they’re practical. They preserve the integrity of the systems that create your results and ensure our partner network remains sustainable and fair to every client and partner.

Privacy and Data

We care about privacy. Our Privacy Policy explains how we handle your data. By using our Services, you consent to having your data processed in the U.S., even if you’re accessing from abroad.

Legal Stuff

• Limitation of Liability: If things go wrong, our liability to you is capped at $25,000 or the amount you’ve paid us in the past month, whichever is less.

• Dispute Resolution: Arbitration in Miami, FL. No class actions.

• Governing Law: These Terms are governed by Florida law, without regard to conflict-of-law principles. If arbitration is found unenforceable in any jurisdiction, the parties consent to personal jurisdiction and venue in the state and federal courts of Miami-Dade County, Florida.

• Survival: The sections on Intellectual Property, Partnership Integrity and Non-Solicitation, Confidentiality, Billing, and Limitation of Liability survive termination or expiration of these Terms.
• Integration Clause: These Terms constitute the entire agreement between you and Free Agency. No other written or verbal agreements, proposals, or understandings modify these Terms unless expressly approved in writing by Free Agency.
• Vendor Liability. Clients agree to indemnify, defend, and hold harmless Free Agency from any claims, disputes, or liabilities arising from third-party vendors, platforms, or providers engaged on their behalf, including but not limited to performance issues, data handling, compliance breaches, or payment disputes, whether initiated by the vendor or a third party.

Contact Us

Have questions or concerns? We’re here:

• Phone: 321.200.0438

• Email: cmo@freeagency.ai

We’re not just here to follow the rules—we’re here to rewrite them & make things better for everyone involved. Let’s play fair and build something great together.