Terms of Service

1. Our services

Fission provides marketing, sales, and client success operations services for businesses that use HubSpot CRM. Our Services include, but are not limited to:

 

• HubSpot CRM implementation, configuration, and optimization
• Marketing operations and automation strategy
• Sales enablement and pipeline management
• Client success operations and reporting
• Data migration, integration, and management
• AI-powered operational tools and workflow enhancements
• Managed services (monthly retainers) and pre-paid hour packages
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The Site also provides informational content, including a blog, newsletter ("The CRM Code"), and downloadable resources and lead magnets. These informational offerings are provided for general knowledge purposes and do not constitute professional advice tailored to your specific situation.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country.

2. Intellectual property rights

Our intellectual property

Unless otherwise indicated, the Site and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other content on the Site (collectively, the "Content"), as well as the trademarks, service marks, logos, and trade names contained therein (the "Marks"), are owned or controlled by us or licensed to us.

Your use of our site

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.

Work product and client deliverables

For paid Services, upon your payment in full of all fees due, all materials made, revised, or compiled by Fission during the course of your engagement ("Work Product") become your exclusive property, including any patent, copyright, trade secret, and other intellectual property rights related thereto. This assignment is governed by the terms of your individual Service Agreement.

Fission retains all right, title, and interest in any inventions, tools, methodologies, or materials developed or acquired prior to the effective date of your Service Agreement. Fission may use your name and logo solely to identify you as a customer in marketing materials. Any detailed case study, press release, or reference to Work Product requires your prior written approval.

3. User representations

By using the Site and Services, you represent and warrant that:

1. All information you submit is true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as needed.
3. You have the legal capacity and agree to comply with these Terms.
4. You are not a minor in the jurisdiction in which you reside.
5. You will not access the Site or Services through automated or non-human means, except as expressly authorized by us.
6. You will not use the Site or Services for any illegal or unauthorized purpose.
7. Your use of the Site and Services will not violate any applicable law or regulation.
8. If you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.
9.  

4. Subscriptions, payments, and cancellation

Service packages

• Pre-paid hour packages: Blocks of consulting or operational hours purchased in advance. Pre-paid hours expire ninety (90) days from the date of purchase unless otherwise stated at the time of purchase.
• Managed services (monthly retainers): Recurring monthly engagements for ongoing operational support governed by a separate Service Agreement. After the initial term, these renew automatically on a month-to-month basis unless cancelled in accordance with the cancellation policy below.

Payment terms

All invoices are due Net 15 (fifteen days from the invoice date) unless otherwise stated in your service agreement. We accept payment via credit card and ACH bank transfer.

We reserve the right to suspend or pause work on any account with an invoice more than eight (8) days past due. 

Cancellation policy

For managed services, cancellation terms are governed by your Service Agreement. The general terms are as follows:

• During the initial term: At least thirty (30) days' prior written notice and an early termination fee equal to 50% of all remaining fees for the unexpired portion of the Initial Term.
• After the initial term: Either party may terminate upon thirty (30) days' prior written notice. Failure to provide sufficient notice results in a late termination fee of 50% of one monthly period.
• Month-to-month agreements: Either party may terminate upon thirty (30) days' written notice before the start of the next monthly period.

Either party may terminate for material breach if the breaching party fails to cure the breach within fifteen (15) days after receiving written notice describing the breach.

Refund policy

Pre-paid hour packages are non-refundable once purchased. Unused hours expire ninety (90) days from the date of purchase. For managed services, if you cancel within the required notice period, you will not be charged for the following billing cycle. We do not offer prorated refunds for partial months of service.

5. Prohibited activities

You may not access or use the Site or Services for any purpose other than that for which we make them available. As a user, you agree not to:

1. Systematically retrieve data from the Site to create a collection, database, or directory without written permission.
2. Trick, defraud, or mislead us and other users.
3. Circumvent, disable, or interfere with security-related features of the Site.
4. Disparage, tarnish, or otherwise harm us or the Site.
5. Use information obtained from the Site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports.
7. Use the Site or Services in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Site.
9. Upload or transmit viruses, Trojan horses, or other harmful material.
10. Engage in any automated use of the system (data mining, robots, scrapers, etc.) except as expressly permitted.
11. Delete copyright or proprietary rights notices from any Content.
12. Attempt to impersonate another user or person.
13. Upload material that acts as a passive or active information collection mechanism.
14. Interfere with or create an undue burden on the Site or connected networks.
15. Harass, annoy, intimidate, or threaten any of our employees or agents.
16. Attempt to bypass any access restriction measures on the Site.
17. Copy or adapt the Site's software, including HTML, JavaScript, or other code.
18. Decipher, decompile, disassemble, or reverse-engineer any Site software.
19. Use, launch, or distribute any automated system (spiders, robots, scrapers, etc.) that accesses the Site.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Collect usernames or email addresses for unsolicited email or create accounts under false pretenses.
22. Use the Site or Services to compete with us or for unauthorized revenue-generating purposes.

6. Third-party websites and content

The Site may contain links to third-party websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check these for accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through the Site.

Inclusion of, linking to, or permitting the use of any Third-Party Websites or Content does not imply our approval or endorsement. If you leave the Site and access Third-Party Websites, you do so at your own risk.

7. AI-powered tools and services

Use of artificial intelligence

Fission uses AI technologies, including large language models and machine learning tools, as part of our service delivery and internal operations. AI may be used to assist with data analysis and reporting, content drafting, workflow automation recommendations, lead scoring and segmentation, diagnostic assessments, and CRM data processing.

Human oversight

All AI-generated outputs used in the delivery of our Services are reviewed and validated by our team before being applied to your account or delivered to you. AI is used as a tool to enhance our capabilities, not as a replacement for professional judgment and expertise.

AI output limitations

While we strive for accuracy, AI-generated content and recommendations may contain errors or inaccuracies. You should not rely solely on AI-generated outputs for critical business decisions without independent verification.

Your data and AI

When we process your data using AI tools, we do so in accordance with our Privacy Policy and any applicable data processing agreements. We do not use your proprietary business data to train third-party AI models. Your data may be processed by third-party AI service providers, and we maintain appropriate contractual safeguards with those providers.

AI in site features

Certain features of the Site, such as our diagnostic assessment tools, may be powered by AI. Results from AI-powered Site features are provided for informational purposes and should not be treated as professional advice.

8. Data processing and client portal access 

Access to client systems

As part of our Services, Fission may require access to your HubSpot CRM portal and related third-party systems ("Client Systems"). You agree to provide the necessary access credentials, permissions, or integrations required for us to perform the Services.

Data handling

When accessing your Client Systems, we agree to:

• Handle your data with reasonable care and in accordance with industry best practices.
• Limit access to team members who need it to deliver the Services.
• Not use your data for any purpose other than delivering the Services, unless otherwise agreed in writing.
• Promptly notify you if we become aware of any unauthorized access to or disclosure of your data.
• Upon written request, delete or return any copies of your data within thirty (30) days.

Your responsibilities

• Ensuring you have the legal authority to grant us access to your Client Systems.
• Obtaining any necessary consents from your own customers, contacts, or data subjects.
• Maintaining appropriate security measures on your own systems.
• Backing up your data before we begin any migration, integration, or bulk data operations.

Data processing agreements

If your use of our Services involves the processing of personal data subject to the GDPR, CCPA, or other applicable data protection laws, we will enter into an appropriate data processing agreement upon request. Contact us at support@fissionagency.com.

9. Insurance 

Fission maintains commercial general liability insurance with a general aggregate limit of $2,000,000 and a per-occurrence limit of $1,000,000, including electronic data liability coverage for damage to electronic data resulting from our service delivery. We also maintain a separate cyber liability insurance policy to cover data breaches, security incidents, and related risks.

Certificates of insurance are available upon request. Contact us at support@fissionagency.com.

10. Services management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) refuse, restrict access to, or disable any contributions or portions thereof; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site to protect our rights and property.

11. Privacy policy

We care about data privacy and security. Please review our Privacy Policy at /privacy-policy. By using the Site or Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

The Site is hosted in the United States. If you access the Site from outside the United States, your information may be transferred to, stored, and processed in the United States.

12. Term and termination

These Terms shall remain in full force and effect while you use the Site or Services. We reserve the right to deny access to and use of the Site and Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Terms.

For termination of paid Services, please refer to the cancellation and termination provisions in Section 4 and in your Service Agreement. Any agreement held between Fission and its Clients supersedes the terms on this page with respect to Service Agreement as well as any and all Addendums.

13. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason without notice. We will not be liable for any modification, price change, suspension, or discontinuance of the Site or Services.

14. Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict-of-law principles.

15. Dispute resolution

Informal resolution

The parties agree to first attempt to resolve any Dispute informally through good-faith negotiation for at least thirty (30) days before initiating legal proceedings.

Jurisdiction and venue

Any Dispute that cannot be resolved informally will be litigated exclusively in the state or federal courts located in Cook County, Illinois. Both parties consent to jurisdiction in such courts.

Notices

All legal notices must be in writing and delivered by email with confirmation, certified mail, or courier.

16. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.

17. Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR ANY:

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE OR SERVICES;
3. UNAUTHORIZED ACCESS TO OUR SECURE SERVERS OR PERSONAL/FINANCIAL INFORMATION;
4. INTERRUPTION OR CESSATION OF TRANSMISSION;
5. BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED BY ANY THIRD PARTY;
6. ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE FROM USE OF CONTENT;
7. ERRORS, INACCURACIES, OR UNINTENDED RESULTS FROM AI-POWERED TOOLS OR FEATURES.

18. Limitations of liability 

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

WE CANNOT BE HELD LIABLE FOR ANY LIMITATIONS OR ISSUES ARISING FROM THIRD-PARTY INTEGRATIONS, AGENCY PARTNERS OR OTHER THIRD PARTIES, OR OTHER SOFTWARE, INCLUDING SUPPORT DELAYS, TECHNICAL LIMITATIONS, OR INTEGRATION AVAILABILITY.

19. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) your use of the Site or Services; (2) breach of these Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; (5) any overt harmful act toward any other user; (6) any data, content, or materials you provide or authorize us to process through Client Systems.

20. User data

We will maintain certain data that you transmit to the Site or provide to us through the Services. Although we perform regular backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

21. Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, filling out online forms, subscribing to our newsletter, or engaging with our Services constitutes electronic communications. You consent to receive electronic communications, and you agree that all communications we provide electronically satisfy any legal requirement that such communication be in writing.

22. SMS text messaging

We may offer SMS text messaging as part of our Services or communications. By opting in, you consent to receive text messages including service-related notifications, appointment reminders, and promotional messages. Consent is not a condition of purchasing Services. You may opt out at any time by replying STOP. Standard message and data rates may apply.

23. State-specific privacy rights

Residents of California (CCPA/CPRA), Colorado (CPA), Connecticut (CTDPA), and Virginia (VCDPA) have specific rights regarding their personal data, including the right to access, correct, and delete personal data, and the right to opt out of the sale of personal data, targeted advertising, and profiling.

Additional states have enacted or may enact similar consumer privacy laws. To exercise any rights, contact us at support@fissionagency.com.

24. Miscellaneous

These Terms constitute the entire agreement regarding your use of the Site. If you have entered into a separate Service Agreement with us, the terms of that Service Agreement will govern the provision of paid Services and will take precedence over these Terms in the event of any conflict.

We may assign any or all of our rights and obligations to others at any time. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms.

25. Contact us

Skelly Ventures LLC, d/b/a Fission
1423 W. Fletcher St.
Chicago, IL 60657
United States

Email: support@fissionagency.com
Website: fissionagency.com