Terms and Conditions

Blackthorn & Co LLC

Last Updated: June 10, 2026

These Terms and Conditions, together with any applicable proposal, invoice, statement of work, service agreement, order form, checkout page, onboarding document, addendum, or other written agreement referencing these Terms, govern your access to and use of the websites, landing pages, software systems, CRM platforms, communication services, marketing services, artificial intelligence tools, automation systems, advertising services, consulting services, digital assets, and related products or services provided by Blackthorn & Co LLC.

These Terms form a legally binding agreement between you and Blackthorn & Co LLC.

Please read these Terms carefully before accessing or using our website, services, software, systems, or communications. By accessing our website, submitting a form, booking a call, purchasing services, signing an agreement, paying an invoice, accessing a client portal, using any system we provide, communicating with us by phone, email, SMS, or any other channel, or otherwise engaging with Blackthorn & Co, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you must not access, purchase, use, or continue using our services, systems, websites, or communications.

1. Parties to These Terms

These Terms are entered into by and between Blackthorn & Co LLC, a Texas limited liability company, referred to in these Terms as “Blackthorn & Co,” “Company,” “we,” “us,” or “our,” and the person, business, company, organization, or legal entity accessing or using our services, referred to as “Client,” “Customer,” “you,” or “your.”

If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you individually and the entity you represent.

2. Company Information

Company Name: Blackthorn & Co LLC
Business Location: Dallas, Texas
Website: https://www.blackthorn-co.com
Email: support@blackthorn-co.com
Phone: (214) 643-8437
Mailing Address: 5473 Blair Rd STE 100 PMB 759782, Dallas, Texas 75231

For information about how we collect, use, store, and protect personal information, please review our Privacy Policy here: www.blackthorn-co.com/privacy-policy.

3. Definitions

For purposes of these Terms:

“Services” means all services, products, systems, software access, consulting, marketing, implementation, automation, AI, advertising, design, strategy, support, and related offerings provided by Blackthorn & Co.

“Client Account” means any account, portal, CRM subaccount, GoHighLevel subaccount, white-labeled software account, dashboard, login, workspace, or similar access point provided to or used by a client in connection with the Services.

“Agency Systems” means any systems, software configurations, CRM setups, subaccounts, automations, workflows, pipelines, calendars, forms, surveys, triggers, campaigns, snapshots, funnels, websites, AI agents, prompts, templates, dashboards, scripts, reporting structures, integrations, backend settings, or other digital infrastructure created, configured, owned, licensed, or managed by Blackthorn & Co.

“Client Content” means logos, brand assets, photographs, videos, testimonials, customer lists, business information, service descriptions, offers, pricing, reviews, advertising assets, written materials, and other content provided by you to Blackthorn & Co.

“Work Product” means any deliverables, strategies, materials, designs, campaigns, automations, copy, websites, funnels, AI prompts, workflows, configurations, templates, consulting materials, or other items created, developed, configured, or provided by Blackthorn & Co in connection with the Services.

“Third-Party Platforms” means external software, services, platforms, carriers, processors, providers, or tools used in connection with the Services, including but not limited to GoHighLevel, LeadConnector, Meta, Google, Stripe, Twilio or other communication providers, domain registrars, hosting providers, AI providers, analytics tools, email providers, and payment processors.

4. Scope of Services

Blackthorn & Co provides marketing, automation, AI, CRM, advertising, consulting, and business growth services. Services may include, but are not limited to:For purposes of these Terms:

  • CRM implementation and management
  • GoHighLevel and white-labeled software setup
  • AI voice agents, AI chat agents, and AI appointment booking systems
  • Missed-call text-back systems
  • SMS, email, voicemail, and follow-up automations
  • Lead capture systems
  • Sales pipeline setup
  • Calendar and appointment booking systems
  • Funnel, landing page, and website creation
  • Review and reputation management systems
  • Meta Ads and Google Ads management
  • Lead generation campaigns
  • Customer reactivation campaigns
  • Reporting dashboards
  • Consulting, strategy, implementation, support, and training

The exact Services to be provided will be described in the applicable proposal, invoice, statement of work, service agreement, order form, checkout page, or other written agreement.

Blackthorn & Co is not obligated to provide any service, feature, deliverable, platform access, support, revision, or ongoing work unless it is expressly included in the applicable agreement or separately approved in writing by Blackthorn & Co.

5. Order of Precedence

If there is a conflict between these Terms and another written agreement between you and Blackthorn & Co, the following order of precedence will apply:

  • A signed written agreement between you and Blackthorn & Co;
  • A signed statement of work or order form;
  • An invoice, proposal, or checkout page;
  • These Terms;
  • Any general website language, marketing materials, or informal communications.

No verbal statement, sales conversation, text message, email, estimate, or informal communication will override these Terms unless expressly agreed in a written agreement signed or approved by Blackthorn & Co.

6. Eligibility

You must be at least 18 years old to use our Services.

By using our Services, you represent and warrant that:

  • You are at least 18 years old;
  • You have legal authority to enter into these Terms;
  • You are not prohibited from using the Services under applicable law;
  • Any information you provide is accurate, complete, and current;
  • You will comply with these Terms and all applicable laws, rules, and regulations.

We reserve the right to refuse service, suspend access, or terminate Services at our discretion where permitted by law.

7. Client Responsibilities

You agree to cooperate with Blackthorn & Co and provide all information, access, approvals, materials, and support reasonably necessary for us to perform the Services.

You are responsible for:

  • Providing accurate business, billing, legal, contact, and compliance information;
  • Providing access to required accounts, assets, websites, domains, ad accounts, CRMs, calendars, and other systems;
  • Reviewing and approving strategies, offers, copy, automations, campaigns, websites, funnels, AI responses, and other materials when requested;
  • Ensuring your business, products, services, licenses, claims, offers, guarantees, pricing, testimonials, and promotions comply with applicable laws;
  • Responding to leads, booked appointments, customer inquiries, and support requests in a timely and professional manner;
  • Maintaining required business licenses, insurance, permits, certifications, and legal compliance;
  • Paying invoices, retainers, subscription fees, setup fees, ad spend, usage fees, third-party platform fees, and other charges when due;
  • Monitoring your own business operations and customer interactions;
  • Informing Blackthorn & Co promptly of any changes that may affect the Services.

Delays caused by your failure to provide information, access, approvals, payment, or cooperation may delay timelines and deliverables. Blackthorn & Co is not responsible for missed deadlines, performance issues, or service interruptions caused by client delay, lack of access, lack of cooperation, inaccurate information, or failure to approve materials.

8. No Guarantee of Results

Blackthorn & Co may provide strategies, systems, campaigns, automations, AI tools, advertising services, websites, funnels, and consulting intended to improve business operations, lead generation, appointment booking, customer follow-up, marketing performance, or revenue opportunities.

However, you acknowledge and agree that Blackthorn & Co does not guarantee any specific result.

We do not guarantee:

  • A specific number of leads;
  • A specific number of appointments;
  • A specific number of sales;
  • A specific revenue amount;
  • A specific profit amount;
  • A specific return on investment;
  • A specific cost per lead;
  • A specific cost per appointment;
  • A specific ad performance outcome;
  • A specific conversion rate;
  • A specific search ranking;
  • A specific approval from any platform, carrier, or third party;
  • That any AI agent, automation, funnel, campaign, or system will perform without error.

Business outcomes depend on many factors outside our control, including but not limited to market conditions, seasonality, pricing, competition, client reputation, offer strength, sales process, response time, ad spend, platform policies, carrier filtering, customer demand, website traffic, and the accuracy of information provided by you.

Any examples, projections, estimates, case studies, testimonials, or performance metrics are illustrative only and do not guarantee future results.

9. Fees, Payments, and Billing

You agree to pay all fees and charges associated with the Services you purchase or approve.

Fees may include, but are not limited to:

  • Setup fees
  • Monthly retainers
  • Software access fees;
  • CRM or platform fees;
  • AI usage fees;
  • SMS, phone, and email usage fees;
  • Advertising management fees;
  • Website or funnel build fees;
  • Consulting fees;
  • Training fees;
  • Support fees;
  • Integration fees;
  • Third-party platform fees;
  • Domain, hosting, or communication fees;
  • Ad spend.

Unless otherwise stated in writing:

  • Setup fees are due before work begins.
  • Monthly fees are billed in advance.
  • Ad spend is separate from Blackthorn & Co’s fees.
  • Third-party fees may be billed separately or passed through to the client.
  • Fees are non-refundable once work has started or access has been provided.
  • Ongoing services continue until properly canceled according to the applicable cancellation terms.

You authorize Blackthorn & Co and its payment processors to charge your provided payment method for all approved, recurring, and outstanding fees.

10. Taxes

Unless otherwise stated, all fees are exclusive of applicable taxes, duties, levies, or governmental charges.

You are responsible for paying all applicable taxes associated with your purchase or use of the Services, excluding taxes based on Blackthorn & Co’s income.

If Blackthorn & Co is required to collect or remit taxes, such amounts may be added to your invoice or charged to your payment method.

11. Late Payments

If payment is not received by the due date, Blackthorn & Co may, without limiting any other rights or remedies:

  • Pause or suspend Services;
  • Pause advertising campaigns;
  • Disable automations;
  • Restrict access to software, portals, or dashboards;
  • Withhold deliverables;
  • Stop support;
  • Charge late fees where permitted by law;
  • Require payment in full before resuming work;
  • Terminate the client relationship.

You remain responsible for all outstanding balances, completed work, committed fees, third-party costs, and collection costs.

12. Chargebacks and Payment Disputes

You agree to contact Blackthorn & Co in writing before initiating any chargeback, payment reversal, dispute, or payment processor claim.

Improper or unauthorized chargebacks may result in immediate suspension or termination of Services, revocation of access, and collection of any outstanding amounts.

You agree that chargebacks are not an appropriate method of canceling Services, avoiding contractual obligations, or disputing work that has already begun or been delivered.

Blackthorn & Co reserves the right to provide these Terms, invoices, communications, agreements, work records, access logs, and proof of service to payment processors, banks, or collection agencies in response to a chargeback or payment dispute.

13. Cancellation and Termination by Client

Cancellation terms will be governed by the applicable proposal, invoice, statement of work, service agreement, or written agreement.

Unless otherwise stated in writing, cancellation of ongoing monthly services requires written notice to Blackthorn & Co.

Cancellation does not relieve you of responsibility for:

  • Fees already earned;
  • Work already performed;
  • Setup fees;
  • Monthly fees due through the effective cancellation date;
  • Third-party platform costs;
  • Usage-based charges;
  • Ad spend;
  • Software fees;
  • Outstanding invoices;
  • Committed project fees;
  • Approved expenses.

Blackthorn & Co is not responsible for maintaining, hosting, transferring, or supporting any system after cancellation unless a written transition agreement is executed and all outstanding amounts are paid.

14. Suspension or Termination by Blackthorn & Co

Blackthorn & Co may suspend or terminate Services immediately if you:

  • Fail to pay fees when due;
  • Violate these Terms;
  • Provide inaccurate, false, or misleading information;
  • Misuse our systems, software, automations, AI tools, or intellectual property;
  • Engage in unlawful, fraudulent, abusive, deceptive, or unethical conduct;
  • Request work that violates law, platform policy, carrier requirements, or third-party terms;
  • Use messaging systems to send spam or unlawful communications;
  • Attempt to transfer, export, duplicate, resell, or hand over agency-owned systems to another agency, consultant, freelancer, vendor, or third party;
  • Damage or attempt to damage Blackthorn & Co’s reputation, systems, accounts, relationships, or business operations;
  • Interfere with our ability to provide Services.

15. Ownership of Agency Systems, Subaccounts, and Digital Infrastructure

This section is a material part of these Terms and is intended to clearly define ownership of CRM systems, GoHighLevel subaccounts, white-labeled software accounts, automations, workflows, AI agents, funnels, websites, templates, snapshots, and related infrastructure.

Unless a separate written agreement signed or approved by Blackthorn & Co expressly states otherwise, Blackthorn & Co retains ownership of all Agency Systems.

Agency Systems include, but are not limited to:

  • GoHighLevel subaccounts;
  • LeadConnector or white-labeled CRM accounts;
  • CRM configurations;
  • Pipelines;
  • Workflows;
  • Automations;
  • Triggers;
  • Campaigns;
  • Funnels;
  • Landing pages;
  • Websites;
  • Website templates;
  • Forms;
  • Surveys;
  • Calendars;
  • Appointment booking systems;
  • Missed-call text-back systems;
  • AI voice agents;
  • AI chat agents;
  • AI prompts;
  • Bot training materials;
  • Scripts;
  • SMS and email templates;
  • Reporting dashboards;
  • Snapshots;
  • Integrations;
  • Tags;
  • Custom values;
  • Custom fields;
  • Reputation management systems;
  • Backend architecture;
  • Internal processes;
  • Implementation frameworks.

Your access to any Agency System is a limited, revocable, non-exclusive, non-transferable license for your internal business use during an active paid service relationship.

Access does not equal ownership.

Administrative access, login access, user permissions, billing participation, client portal access, or use of the system does not transfer ownership of the system, subaccount, software configuration, automation, workflow, template, AI agent, funnel, website, snapshot, or related infrastructure

16. No Transfer to External Agencies or Third Parties

You may not transfer, assign, export, duplicate, sell, resell, sublicense, migrate, share, grant access to, or hand over any Agency System to another agency, marketing company, freelancer, consultant, contractor, software provider, competitor, vendor, or third party without prior written authorization from Blackthorn & Co.

This restriction applies to:

  • CRM subaccounts;
  • GoHighLevel subaccounts;
  • White-labeled accounts;
  • Funnels;
  • Websites;
  • Workflows;
  • Automations;
  • AI agents;
  • Prompts;
  • Snapshots;
  • Templates;
  • Pipelines;
  • Forms;
  • Surveys;
  • Calendars;
  • SMS/email campaigns;
  • Reporting dashboards;
  • Backend configurations;
  • Account architecture;
  • Strategy documents;
  • System blueprints.

You may not invite, add, or permit an outside agency, freelancer, consultant, competitor, or third party to access Agency Systems for the purpose of copying, replacing, auditing, reverse engineering, migrating, rebuilding, or taking over Blackthorn & Co’s work without written permission.

Any unauthorized transfer, access, duplication, reverse engineering, or attempted handoff is a material breach of these Terms.

Blackthorn & Co reserves the right to immediately revoke access, terminate Services, pursue injunctive relief, seek damages, and recover attorneys’ fees and costs for any violation of this section.

17. Client-Owned Materials

You retain ownership of your pre-existing Client Content, including:

  • Logos;
  • Brand assets;
  • Customer lists;
  • Photos;
  • Videos;
  • Testimonials;
  • Product or service information;
  • Business descriptions;
  • Offers;
  • Existing website content;
  • Existing advertising assets;
  • Existing intellectual property owned by you before working with Blackthorn & Co.

You may not invite, add, or permit an outside agency, freelancer, consultant, competitor, or third party to access Agency Systems for the purpose of copying, replacing, auditing, reverse engineering, migrating, rebuilding, or taking over Blackthorn & Co’s work without written permission.

Any unauthorized transfer, access, duplication, reverse engineering, or attempted handoff is a material breach of these Terms.

Blackthorn & Co reserves the right to immediately revoke access, terminate Services, pursue injunctive relief, seek damages, and recover attorneys’ fees and costs for any violation of this section.

18. Work Product and Intellectual Property

Unless expressly stated otherwise in a signed written agreement, all Work Product created by Blackthorn & Co remains owned by Blackthorn & Co.

This includes, but is not limited to:

  • Strategies;
  • Frameworks;
  • Campaign structures;
  • Copywriting frameworks;
  • Design layouts;
  • Automation logic;
  • Workflow architecture;
  • AI prompt structures;
  • Funnel structures;
  • CRM configurations;
  • Templates;
  • Scripts;
  • Training materials;
  • Consulting materials;
  • Internal processes;
  • Implementation methods;
  • Reporting formats;
  • System blueprints.

You may not invite, add, or permit an outside agency, freelancer, consultant, competitor, or third party to access Agency Systems for the purpose of copying, replacing, auditing, reverse engineering, migrating, rebuilding, or taking over Blackthorn & Co’s work without written permission.

Any unauthorized transfer, access, duplication, reverse engineering, or attempted handoff is a material breach of these Terms.

Blackthorn & Co reserves the right to immediately revoke access, terminate Services, pursue injunctive relief, seek damages, and recover attorneys’ fees and costs for any violation of this section.

19. White-Labeled Software and Third-Party Platforms

YBlackthorn & Co may provide access to systems powered by Third-Party Platforms.

You acknowledge that Third-Party Platforms are not owned or controlled by Blackthorn & Co and may have their own terms, policies, pricing, limitations, approval processes, outages, and restrictions.

Blackthorn & Co is not responsible for:

  • Platform outages;
  • Software bugs;
  • Feature changes;
  • Pricing changes;
  • Account suspensions;
  • Ad disapprovals;
  • A2P or SMS registration rejection;
  • Phone number restrictions;
  • Carrier filtering;
  • Email deliverability issues;
  • API failures;
  • Data syncing errors;
  • Third-party billing changes;
  • Third-party support delays;
  • Loss of access caused by a third-party platform.

You agree to comply with all Third-Party Platform terms and policies.

20. Advertising Services

If Blackthorn & Co provides advertising services, including Meta Ads, Google Ads, or other paid media services, you acknowledge that advertising performance is not guaranteed.

You are responsible for:

  • Funding ad spend;
  • Providing accurate business and offer information;
  • Reviewing and approving advertising content;
  • Ensuring claims, offers, pricing, promotions, testimonials, and guarantees are truthful and legally compliant;
  • Maintaining compliance with advertising platform policies;
  • Following applicable industry laws and regulations.

Blackthorn & Co does not guarantee ad approval, account approval, account stability, lead volume, conversion rate, cost per result, revenue, profit, or return on ad spend.

Unless otherwise stated in writing, advertising strategies, campaign structures, audiences, copy frameworks, reporting formats, tracking structures, and optimization processes created by Blackthorn & Co remain Blackthorn & Co intellectual property.

21. AI Agents, Automations, and Communication Systems

Blackthorn & Co may create, configure, or manage AI agents, voice AI systems, chatbots, missed-call text-back systems, appointment booking systems, SMS systems, email automations, voicemail drops, and other automated communication tools.You may not transfer, assign, export, duplicate, sell, resell, sublicense, migrate, share, grant access to, or hand over any Agency System to another agency, marketing company, freelancer, consultant, contractor, software provider, competitor, vendor, or third party without prior written authorization from Blackthorn & Co.

You understand that AI and automation systems may produce inaccurate, incomplete, delayed, unexpected, or unintended outputs.

You are responsible for:

  • Reviewing AI responses;
  • Monitoring customer conversations;
  • Ensuring AI and automation content is accurate;
  • Ensuring communications comply with applicable laws;
  • Supervising any automated system used in your business;
  • Notifying Blackthorn & Co of errors, risks, or required updates.

Blackthorn & Co may pause, disable, modify, or terminate AI agents, automations, SMS systems, email systems, or campaigns if we believe they may violate law, carrier rules, platform policies, third-party terms, or these Terms.

22. SMS/Text Messaging Terms

This section applies to SMS and text message communications sent by or on behalf of Blackthorn & Co.

Program Name

The SMS program name is Blackthorn & Co.

Program Description

Blackthorn & Co may send text messages related to business inquiries, appointment scheduling, discovery calls, appointment reminders, service updates, account notifications, customer support, lead follow-up, prospective customer outreach, marketing communications, promotional offers, and other business-related communications.

Messages may be sent to individuals who have contacted Blackthorn & Co, submitted a form, booked a call, requested information, opted in to receive communications, provided their phone number to us, interacted with our website or marketing materials, or where communication is otherwise permitted by applicable law.

Consent to Receive SMS Messages

By submitting a form, booking a call, providing your phone number, checking an SMS consent box, opting in through our website, communicating with us, or otherwise providing consent, you agree to receive SMS/text messages from Blackthorn & Co at the phone number you provided.

Depending on your relationship with Blackthorn & Co, messages may include appointment reminders, service-related updates, follow-up messages, customer support communications, account-related notices, marketing messages, promotional offers, and outreach regarding services that may be relevant to your business.

Consent to receive marketing text messages is not a condition of purchase.

Prospective Customer Outreach

Blackthorn & Co may use SMS to contact prospective customers, business contacts, and leads regarding services, appointments, discovery calls, business opportunities, or other relevant communications, only where such communication is permitted by applicable law, consent, platform rules, carrier requirements, or another lawful basis.

Blackthorn & Co does not authorize the use of SMS for unlawful spam, deceptive marketing, unauthorized list messaging, harassment, or communications to individuals who have opted out or otherwise revoked consent.

Message Frequency

Message frequency may vary depending on your interaction with us, your appointments, your requests, your account status, your inquiry status, and the nature of the communication.

Message and Data Rates

Message and data rates may apply. Your mobile carrier may charge fees depending on your mobile plan.

Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying STOP. After you send STOP, we may send one final confirmation message confirming that you have been unsubscribed. After that, you will no longer receive SMS messages from us unless you opt in again.

Help Instructions

For help, reply HELP or contact us at:

Email: support@blackthorn-co.com
Phone: (214) 643-8437
Website: https://www.blackthorn-co.com

Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

Privacy

For more information about how we collect, use, and protect personal information, please review our Privacy Policy: www.blackthorn-co.com/privacy-policy.

23. Client SMS, A2P, TCPA, and Messaging Compliance

If Blackthorn & Co builds, manages, or supports SMS, phone, email, AI, or messaging systems for your business, you are solely responsible for ensuring your business complies with all applicable laws, regulations, carrier requirements, platform rules, and industry standards.You may not transfer, assign, export, duplicate, sell, resell, sublicense, migrate, share, grant access to, or hand over any Agency System to another agency, marketing company, freelancer, consultant, contractor, software provider, competitor, vendor, or third party without prior written authorization from Blackthorn & Co.

This may include, without limitation:

  • Telephone Consumer Protection Act requirements;
  • CAN-SPAM Act requirements;
  • CTIA guidelines;
  • FCC rules;
  • State privacy and consumer protection laws;
  • Carrier requirements;
  • A2P 10DLC registration requirements;
  • GoHighLevel, LeadConnector, Twilio, and other provider policies;
  • Advertising and marketing laws applicable to your industry.

You are responsible for:

  • Obtaining proper opt-in consent from contacts where required;
  • Maintaining accurate records of consent, including the method, date, time, source, and language used at opt-in where applicable;
  • Ensuring that marketing SMS recipients have provided the level of consent required by law;
  • Honoring opt-out requests promptly;
  • Avoiding purchased, rented, scraped, harvested, unauthorized, or non-consented contact lists;
  • Avoiding deceptive, misleading, or unsolicited mass messaging;
  • Ensuring message content is truthful, accurate, and compliant;
  • Providing accurate business information for A2P registration;
  • Maintaining compliant Privacy Policy and Terms and Conditions pages;
  • Ensuring your business name, contact information, opt-in language, and messaging practices match your registration and public disclosures.

Blackthorn & Co may assist with SMS implementation, automation, campaign setup, AI follow-up, missed-call text-back, and related messaging systems. However, Blackthorn & Co is not your legal counsel and does not guarantee legal compliance, carrier approval, A2P approval, message delivery, inbox placement, or platform acceptance.

Blackthorn & Co may refuse, pause, disable, or terminate any SMS campaign, automation, AI agent, phone number, or messaging system that we believe may violate applicable law, carrier requirements, platform rules, third-party policies, or these Terms.

You agree to indemnify, defend, and hold harmless Blackthorn & Co from any claims, penalties, fines, complaints, damages, carrier violations, platform restrictions, lawsuits, or regulatory actions arising out of your contact lists, consent practices, SMS campaigns, outreach practices, or messaging activity.

25. Acceptable Use

You agree not to use our Services, systems, websites, platforms, automations, AI tools, or communications to:

  • Violate any law, rule, regulation, or third-party policy;
  • Infringe intellectual property rights;
  • Violate privacy, publicity, or data protection rights;
  • Upload malware, viruses, or harmful code;
  • Interfere with or disrupt any system;
  • Attempt unauthorized access to any account or platform;
  • Harass, abuse, threaten, defame, or discriminate against others;
  • Misrepresent your identity, affiliation, services, pricing, guarantees, or results;
  • Use our systems to compete with Blackthorn & Co;
  • Copy, resell, transfer, or exploit our systems or intellectual property;
  • Content prohibited by carriers, platforms, or law.

Violation of this section may result in immediate suspension or termination.

26. Account Access and Security

You are responsible for maintaining the confidentiality of usernames, passwords, two-factor authentication credentials, and all account access.

You agree not to share access with unauthorized parties.

You are responsible for all activity that occurs through your accounts, logins, users, or credentials.

You must notify Blackthorn & Co immediately if you suspect unauthorized access, compromised credentials, or misuse of any system.

Blackthorn & Co is not liable for losses caused by unauthorized access resulting from your failure to secure your accounts, devices, passwords, or users.

27. Confidentiality

Each party may receive confidential information from the other party.

Confidential information may include business strategies, customer data, pricing, financial information, marketing data, sales processes, ad account information, CRM configurations, automation structures, AI prompts, workflows, software settings, business plans, and non-public information.

Each party agrees to use reasonable care to protect confidential information and not disclose it except as necessary to perform the Services, comply with law, enforce rights, or with written permission.

Confidentiality obligations do not apply to information that is publicly available, already known, independently developed, or lawfully obtained from another source.

28. Data, Contacts, and Customer Information

You are responsible for the accuracy, legality, and permission status of any customer, lead, prospect, or contact data provided to Blackthorn & Co or uploaded into any system.

You represent and warrant that you have all rights, permissions, consents, and legal bases necessary to collect, store, upload, process, and communicate with such contacts.

Blackthorn & Co is not responsible for claims, penalties, complaints, lawsuits, carrier violations, platform suspensions, deliverability issues, or legal consequences arising from your contact data, list sources, consent practices, or messaging activity.

29. Domains, Websites, Funnels, and Hosting

Blackthorn & Co may assist with domains, hosting, websites, funnels, landing pages, and related digital assets.

Ownership depends on the applicable agreement, registration details, and how the asset was created or purchased.

Unless otherwise stated in writing:

  • Agency-created website layouts, funnel structures, templates, automations, and system-connected assets remain Blackthorn & Co Work Product;
  • Client-provided logos, images, brand materials, and written content remain Client Content;
  • Transfer, migration, export, or handoff of domains, websites, funnels, hosting, or pages may require written approval;
  • Transfer or migration work may be subject to additional fees;
  • Blackthorn & Co may withhold transfer assistance until all outstanding amounts are paid.

30. Reviews, Testimonials, and Portfolio Use

Unless you notify us in writing otherwise, you grant Blackthorn & Co permission to reference your business name, logo, general project type, screenshots, performance summaries, testimonials, and non-confidential results in our portfolio, website, social media, proposals, case studies, and marketing materials.

We will not knowingly disclose confidential financial data, private customer information, or sensitive business information without permission.

31. Non-Solicitation

During the term of your relationship with Blackthorn & Co and for twelve months after termination, you agree not to knowingly solicit, hire, contract with, or attempt to hire any employee, contractor, vendor, strategist, media buyer, designer, developer, or service provider introduced to you through Blackthorn & Co without prior written consent.

This section does not prohibit general hiring efforts not specifically targeted at Blackthorn & Co personnel or contractors.

32. Third-Party Links and Services

Our website, systems, or communications may include links or integrations to third-party websites, platforms, tools, or services.

Blackthorn & Co does not control and is not responsible for third-party content, policies, availability, security, pricing, changes, or performance.

Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

33. Service Availability

Blackthorn & Co does not guarantee uninterrupted access to any website, CRM, software platform, AI agent, SMS system, email system, funnel, dashboard, automation, phone number, or third-party tool.

Services may be unavailable due to maintenance, outages, updates, carrier issues, platform changes, compliance reviews, internet failures, payment issues, technical problems, or circumstances outside our control.

Blackthorn & Co is not liable for downtime, lost leads, missed messages, missed calls, data syncing errors, failed automations, delayed messages, or unavailable systems caused by third-party platforms or events outside our reasonable control.

34. Disclaimers

To the fullest extent permitted by law, all Services, systems, websites, software, automations, AI agents, campaigns, deliverables, consulting, and materials are provided “as is” and “as available.”

Blackthorn & Co disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of:

  • Merchantability;
  • Fitness for a particular purpose;
  • Title;
  • Non-infringement;
  • Accuracy;
  • Reliability;
  • Availability;
  • Deliverability;
  • Platform approval;
  • Carrier approval;
  • Advertising approval;
  • Business performance;
  • Revenue generation.

We do not warrant that the Services will be uninterrupted, secure, error-free, profitable, compliant in every jurisdiction without legal review, or free from harmful components.

35. Limitation of Liability

To the fullest extent permitted by law, Blackthorn & Co and its owners, officers, employees, contractors, agents, affiliates, partners, vendors, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages arising from or related to the Services or these Terms.

This includes, without limitation:

  • Lost revenue;
  • Lost profits;
  • Lost business opportunities;
  • Lost data;
  • Lost leads;
  • Missed calls;
  • Missed appointments;
  • No-shows;
  • Customer complaints;
  • Failed automations;
  • AI errors;
  • Ad account restrictions;
  • Campaign disapprovals;
  • Platform suspensions;
  • A2P rejection;
  • Carrier filtering;
  • Message delivery failures;
  • Website downtime;
  • Third-party platform issues.

To the fullest extent permitted by law, Blackthorn & Co’s total liability for any claim arising out of or related to the Services or these Terms will not exceed the amount you paid to Blackthorn & Co for the specific Service giving rise to the claim during the three months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

36. Indemnification

You agree to indemnify, defend, and hold harmless Blackthorn & Co and its owners, officers, employees, contractors, agents, affiliates, partners, vendors, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • Your use of the Services;
  • Your business operations;
  • Your products or services;
  • Your offers, claims, guarantees, pricing, or promotions;
  • Harassing or abusive messages;
  • Hate, discriminatory, or threatening content;
  • High-risk financial schemes;
  • Unauthorized affiliate marketing;
  • Purchased or scraped list messaging;
  • Deceptive lead generation;
  • Content prohibited by carriers, platforms, or law.

Blackthorn & Co reserves the right to reject, remove, pause, or disable any campaign, message, automation, AI agent, or communication flow we determine may be unlawful, noncompliant, harmful, or risky.

37. Force Majeure

Blackthorn & Co will not be liable for delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, labor disputes, internet outages, power failures, cyberattacks, war, terrorism, government actions, pandemics, carrier outages, platform outages, software failures, payment processor issues, or third-party service interruptions.

38. Dispute Resolution

Before filing any legal claim, each party agrees to first attempt to resolve the dispute informally.

The party raising the dispute must provide written notice describing the issue in reasonable detail. The parties will then have 30 days to attempt in good faith to resolve the dispute.

If the dispute cannot be resolved informally, either party may pursue available legal remedies subject to the governing law and venue provisions below.

39. Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms, the Services, or the relationship between you and Blackthorn & Co will be governed by the laws of the State of Texas, without regard to conflict of law principles.

Unless otherwise required by law, any legal action will be brought in the state or federal courts located in Dallas County, Texas.

You consent to the personal jurisdiction and venue of those courts.

40. Injunctive Relief

You acknowledge that unauthorized use, copying, transfer, disclosure, reverse engineering, or misuse of Blackthorn & Co’s intellectual property, Agency Systems, subaccounts, automations, workflows, AI agents, templates, snapshots, confidential information, or proprietary methods may cause irreparable harm.

Blackthorn & Co may seek injunctive or equitable relief, in addition to any other available remedies, to prevent or stop such misuse.

41. Electronic Communications and Signatures

You consent to receive communications from Blackthorn & Co electronically, including by email, SMS, phone, client portal, website notice, or other digital communication method.

You agree that electronic signatures, online acceptances, checkbox confirmations, payment submissions, email approvals, and other electronic actions may have the same legal effect as handwritten signatures where permitted by law.

42. Assignment

You may not assign, transfer, delegate, sublicense, or otherwise transfer your rights or obligations under these Terms without prior written consent from Blackthorn & Co.

Blackthorn & Co may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, restructuring, business transfer, or by operation of law.

43. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

44. No Waiver

Blackthorn & Co’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed or approved by Blackthorn & Co.

45. Changes to These Terms

Blackthorn & Co may update these Terms at any time.

When we update these Terms, we will revise the “Last Updated” date above.

Your continued use of our website, Services, systems, software, or communications after updated Terms are posted or provided means you accept the updated Terms.

If you do not agree to the updated Terms, you must stop using the Services.

46. Entire Agreement

These Terms, together with any applicable proposal, invoice, statement of work, order form, service agreement, Privacy Policy, or other written agreement, constitute the entire agreement between you and Blackthorn & Co regarding the Services.

These Terms supersede all prior or contemporaneous discussions, proposals, representations, understandings, or agreements, whether written or oral, relating to the subject matter covered by these Terms.

47. Contact Information

If you have questions about these Terms, please contact us:

‍Blackthorn & Co LLC
Email: support@blackthorn-co.com
Phone: (214) 643-8437
Website: https://www.blackthorn-co.com
Mailing Address: 5473 Blair Rd STE 100 PMB 759782, Dallas, Texas 75231