Terms of Service

Welcome to HoopJumper LLC. By accessing or using our website at https://hoopjumper.com or any of our services, you agree to be bound by the following Terms of Service. Please read them carefully. If you do not agree with these terms, do not access or use our services.

1. Company Information

HoopJumper LLC provides digital marketing, AI-powered business solutions, website design and development, digital advertising, reputation management, listings management, search engine optimization, and related services to businesses and professionals throughout the United States and Canada. HoopJumper LLC has served clients since 2005 and operates as a fully virtual company.

1a. Canadian Clients — Regulatory Compliance.

Clients located in, or receiving services in, Canada are responsible for ensuring their own compliance with all applicable Canadian federal and provincial laws and regulations relevant to their use of HoopJumper LLC's services, including but not limited to Canada's Anti-Spam Legislation (CASL) for email and SMS communications, the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws, and any advertising, marketing, or industry-specific regulations that apply to Client's business. HoopJumper LLC will work in good faith with Canadian clients to support compliance, but Client remains responsible for ensuring its own use of HoopJumper LLC's services meets all Canadian regulatory requirements applicable to Client's business and jurisdiction.

2. Acceptance of Terms

By accessing our website, submitting a contact form, requesting a Digital Health Report Card, signing a proposal, paying an invoice, or using any HoopJumper LLC service, you agree to be legally bound by these Terms of Service and all applicable federal, state, and local laws. These terms constitute the entire agreement between you and HoopJumper LLC and supersede all prior or contemporaneous understandings. If you are agreeing on behalf of a business entity, you represent that you have authority to bind that entity to these terms.

2a. Order of Documents.

These Terms apply together with any signed proposal, service agreement, statement of work, invoice, checkout page, order form, or written package description accepted by Client. If there is a conflict between these Terms and a more specific written agreement for a particular service, the more specific written agreement will control for that service only.

3. Services

HoopJumper LLC provides services including but not limited to:

Pillar 1 — AI Employees

• AI Receptionist: automated inquiry handling, appointment booking, and 24/7 lead follow-up
• Stealth Visitor Intelligence: anonymous website visitor identification
• AI Search Visibility: optimization for Google and AI search engines including ChatGPT, Perplexity, and Gemini
• Social and Content AI Agents: automated social media posting and content creation
• Reputation AI: automated review monitoring and response across Google and major platforms
• Business Directory Presence: listings accuracy and citation distribution

Pillar 2 — Digital Advertising

• Streaming TV and OTT/CTV advertising
• YouTube advertising
• Display and retargeting campaigns
• Google and AI search advertising
• Programmatic advertising

Pillar 3 — AI-Powered Websites

• AI-powered website design and development
• Lead capture and visitor identification integration
• Mobile-first and conversion-focused builds
• Structured for Google and AI search engine discoverability

Additional Services

• Digital Health Report Cards and online presence audits
• Search engine optimization (SEO) and Generative Engine Optimization (GEO)
• Branding, creative services, and marketing strategy
• Website hosting, maintenance, and technical support, including website design and hosting services as described in Section 22

Specific deliverables, timelines, and pricing are defined in individual client agreements, proposals, or invoices. HoopJumper LLC reserves the right to modify, update, or discontinue any service offering at any time with reasonable written notice to active clients.

3a. SEO Services — Minimum Term Commitment.

Search Engine Optimization (SEO) services are billed on a month-to-month basis with a required minimum commitment of six (6) consecutive months from the start date of SEO services ("SEO Minimum Term"). This minimum term reflects the sustained, cumulative nature of SEO work, where meaningful results typically require an extended period of consistent execution. Client may not cancel SEO services prior to completion of the SEO Minimum Term and remains obligated to pay all monthly SEO fees for the full duration of the SEO Minimum Term, regardless of whether Client requests early cancellation, ceases participation, or stops responding to HoopJumper LLC. Upon completion of the SEO Minimum Term, SEO services will continue on a standard month-to-month basis, and Client may cancel at that time pursuant to the cancellation terms described elsewhere in this Agreement.

3b. Other Minimum-Term Services

HoopJumper LLC may, at its discretion, designate other services or packages as requiring a minimum-term commitment, which will be disclosed to Client in the applicable service agreement, proposal, or invoice at the time of purchase. Where a minimum-term commitment applies to any HoopJumper LLC service, the same terms described above for SEO Services apply: Client may not cancel that service prior to completion of its stated minimum term and remains obligated to pay all fees for the full duration of that term.

3c. Billing and Cancellation Disclosure Summary.

For recurring content, AI, advertising, SEO, website, hosting, maintenance, or monthly marketing services, Client should review the applicable proposal, invoice, checkout page, or service agreement for the minimum term, billing date, cancellation deadline, final payment obligation, and whether unused deliverables expire at the end of each billing period.

4. Third-Party Technology Partners

HoopJumper LLC delivers its services using a network of vetted third-party technology platforms, software providers, and digital infrastructure partners. The identities of these partners are proprietary business information and are not disclosed publicly.

HoopJumper LLC is not responsible for outages, policy changes, feature modifications, pricing adjustments, or service interruptions imposed by third-party platforms. HoopJumper LLC will make commercially reasonable efforts to communicate and mitigate any material impact to active clients.

Clients may not: (a) circumvent or attempt to independently identify, access, or replicate any underlying third-party technology provided as part of a HoopJumper LLC service; (b) reverse-engineer, decompile, or disassemble any HoopJumper LLC tool or platform; or (c) use credentials, API access, or proprietary system access obtained through HoopJumper LLC for any purpose outside the scope of their service agreement. Violation of this section may result in immediate termination of services and pursuit of legal remedies.

4a. White-Label Platforms, Marketplace Providers, and Subcontracted Fulfillment.

Certain HoopJumper LLC services may be delivered, hosted, supported, fulfilled, automated, or made available through third-party white-label platforms, marketplace providers, subcontractors, software vendors, artificial intelligence platforms, advertising networks, hosting providers, data providers, payment processors, analytics providers, communication platforms, or other technology partners.

Client acknowledges that these third-party systems may impose their own terms, usage restrictions, acceptable-use policies, privacy practices, data-processing requirements, availability limitations, billing rules, suspension rights, and service modifications. Client agrees to use all HoopJumper LLC-provided systems, portals, dashboards, AI tools, reporting tools, advertising tools, reputation tools, communication tools, and related services in compliance with all applicable third-party platform terms and all applicable laws.

Client is responsible for the accuracy, legality, ownership, permissions, and quality of all data, content, business information, customer information, contact information, images, logos, advertising claims, AI instructions, knowledge base materials, FAQs, business hours, pricing, policies, offers, reviews, testimonials, and other materials submitted to HoopJumper LLC or entered into any HoopJumper LLC-managed system.

HoopJumper LLC is not responsible for third-party platform outages, feature changes, policy changes, price changes, data limitations, service interruptions, marketplace product changes, AI model behavior, platform suspensions, account restrictions, product discontinuation, or the discontinuation of third-party tools or services. HoopJumper LLC may modify, replace, suspend, or discontinue any third-party-enabled service if the underlying provider changes, restricts, reprices, suspends, or discontinues the applicable product, feature, data source, integration, or functionality.

Client acknowledges that third-party providers, subprocessors, data sources, integrations, and technology vendors used to provide HoopJumper LLC services may change from time to time as platforms, products, pricing, availability, compliance requirements, and business needs evolve.

Client acknowledges that certain third-party-enabled services, once activated, ordered, provisioned, committed, or launched, may be non-cancellable or non-refundable for the applicable billing period, subscription term, advertising period, or service commitment. Client remains responsible for third-party charges, committed advertising spend, platform fees, usage fees, marketplace product fees, subscription charges, and other costs incurred on Client’s behalf, whether billed directly by the third party or through HoopJumper LLC.

Client may not circumvent HoopJumper LLC or attempt to directly access, contract with, reverse-engineer, replicate, bypass, or separately engage any third-party platform, vendor, marketplace provider, subcontractor, or fulfillment partner introduced to Client through HoopJumper LLC’s services, unless HoopJumper LLC provides prior written consent.

Client acknowledges that certain services may require limited sharing of Client data, account data, customer data, business information, payment information, usage information, website data, advertising data, communication data, or AI knowledge base materials with third-party providers solely as necessary to provide, support, secure, bill, improve, automate, or fulfill the applicable services, subject to HoopJumper LLC’s Privacy Policy and any applicable third-party terms.

HoopJumper LLC does not guarantee the continued availability, accuracy, performance, compatibility, approval, deliverability, ranking, ad placement, lead volume, response quality, or business outcome of any third-party-enabled service, platform, integration, AI system, advertising network, data source, or marketplace product.

4b. Client-Provided Third-Party Services and Subscriptions.

Certain HoopJumper services may require a client-owned subscription to Zapier or another third-party platform. The Client is responsible for establishing and maintaining all required third-party accounts, subscriptions, service tiers, usage credits, fees, and valid payment methods. HoopJumper will configure, connect, and maintain the applicable technical integrations during the Client’s service term; however, HoopJumper is not responsible for any interruption, suspension, cancellation, or service failure caused by nonpayment, an invalid or expired payment method, exhausted credits or usage limits, an insufficient service tier, or the Client’s failure to approve a required upgrade in a timely manner. Any resulting delay or interruption will not constitute a failure by HoopJumper to provide its services.

5. AI-Powered Services — Special Terms

5a. Nature of AI Output.

AI-generated content, responses, chatbot interactions, and recommendations are produced by automated systems and may contain errors, inaccuracies, or information that becomes outdated. HoopJumper LLC does not warrant the accuracy, completeness, or fitness for a particular purpose of any AI-generated output. Clients are solely responsible for reviewing all AI-generated content prior to publication or use.

5b. Client Responsibility for Compliance.

Clients are responsible for ensuring that AI Employee configurations, chatbot scripts, AI-generated advertising, and AI-generated content comply with all applicable laws, including but not limited to: FTC disclosure requirements for AI-generated and sponsored content, consumer protection statutes, industry-specific regulations (including real estate, financial, and healthcare advertising rules), and applicable state privacy laws. HoopJumper LLC is not liable for client misuse of AI tools or for damages arising from reliance on AI-generated output without proper review.

5c. Visitor Intelligence and Data Collection.

HoopJumper LLC's Stealth Visitor Intelligence service is delivered through a third-party technology partner and identifies anonymous website visitors using industry-standard tracking and data enrichment technologies. As with other third-party services described in Section 4 and Section 4a, HoopJumper LLC does not control and is not responsible for the underlying provider's data practices, accuracy, or availability. Clients who deploy this service are responsible for maintaining a compliant Privacy Policy on their website that discloses the use of visitor tracking, behavioral data collection, and third-party analytics. HoopJumper LLC is not liable for a client's failure to make required disclosures to their own website visitors.

5d. Reputation Management.

HoopJumper LLC's Reputation AI service monitors and facilitates responses to online reviews. Any AI-generated or AI-assisted review responses deployed on a client's behalf are done at the client's direction. Clients are responsible for ensuring that review responses are truthful, non-defamatory, and compliant with platform terms of service. HoopJumper LLC is not liable for damages arising from review content or response disputes.

HoopJumper LLC does not create, purchase, sell, post, solicit, or assist with fake reviews, fake testimonials, undisclosed insider reviews, fabricated customer experiences, or reviews generated by AI and represented as the experience of a real customer. Client agrees not to request or use HoopJumper LLC's services for any deceptive review, testimonial, endorsement, or rating practice.

5e. No Guarantee of AI Performance.

HoopJumper LLC does not guarantee that AI tools will eliminate missed leads, prevent negative reviews, achieve specific search rankings, or produce any particular business outcome. AI systems are tools that assist and augment, not replace, sound business practices.

5f. Voice, Likeness, and Content Takedown Policy.

Client grants HoopJumper LLC a limited, non-exclusive permission to display Client-approved, non-confidential examples of work produced by HoopJumper LLC, including AI voice, AI avatar, video, audio, image, website, advertising, and written content, solely for HoopJumper LLC's portfolio, case study, sales, training, and service-demonstration purposes. HoopJumper LLC will not use Client's AI voice, likeness, brand, or content to endorse or promote any unrelated third-party product, service, political campaign, or entity without Client's separate written consent.

Should Client wish to discontinue use of their AI Twin or request removal of published content, Client must submit a written request to support@hoopjumper.com. HoopJumper LLC will make every effort to expedite removal of content under its direct control.

Client acknowledges and agrees that:

• HoopJumper LLC cannot retrieve, recall, or remove emails sent on Client's behalf once delivered to recipients. HoopJumper LLC bears no liability for email content Client subsequently wishes had not been sent.
• Content published to social media platforms will be removed on a best-efforts basis upon written notification. HoopJumper LLC cannot guarantee removal of content that has been shared, reposted, or redistributed by third parties.
• HoopJumper LLC bears no liability or responsibility for any audio, video, static image, or email content that Client elects to discontinue after publication.

Client confirms they have read, understood, and agreed to these terms prior to commencement of services.

5g. AI Production Disclosure.

Client acknowledges that content produced under this Agreement is created using AI tools operated by HoopJumper LLC, including but not limited to AI voice cloning and AI avatar technology. Client confirms they have authorized the creation of their AI Twin through HoopJumper LLC's designated consent verification process prior to production commencing.

5h. AI Consent and Authorization Requirements.

AI Twin, AI voice, AI avatar, or synthetic likeness services may require Client or the individual being replicated to complete a separate consent, authorization, or verification process before production begins. HoopJumper LLC may refuse to create, publish, or distribute AI voice or likeness content if proper authorization has not been completed to HoopJumper LLC's satisfaction.

6. Digital Advertising Services — Special Terms

6a. Streaming TV and Programmatic Advertising.

Streaming TV, OTT/CTV, and programmatic advertising campaigns are delivered through third-party advertising networks and demand-side platforms. HoopJumper LLC does not guarantee specific ad placement, viewership numbers, impression counts, or conversion outcomes. Ad performance is subject to platform availability, audience targeting data, budget levels, creative quality, and market conditions outside HoopJumper LLC's control.

6b. Ad Creative and Content Approval.

Clients are responsible for ensuring that all advertising content, including AI-generated ad creative, complies with applicable advertising standards, platform policies, and legal requirements. HoopJumper LLC reserves the right to refuse or suspend any campaign that contains content we reasonably believe violates platform policies, applicable law, or our own standards of professional practice.

6c. Advertising Spend.

Advertising spend budgets committed to third-party ad platforms (Google, streaming networks, programmatic exchanges, etc.) are generally non-refundable once campaigns have launched. HoopJumper LLC management fees are separate from advertising spend and are governed by the client's service agreement.

7. Digital Health Report Card

The Digital Health Report Card is provided as an informational assessment of a client's current online presence. It is not a guarantee of any specific result or outcome. Report Card data is sourced from third-party data providers and publicly available information; HoopJumper LLC does not warrant its completeness or real-time accuracy. Receipt of a Report Card does not create a client relationship or obligate HoopJumper LLC to provide any service.

8. SMS Messaging Program

HoopJumper LLC operates an SMS messaging program to communicate with clients and prospective clients. By providing your mobile phone number and opting in, you consent to receive text messages from HoopJumper LLC. These messages may include service updates and appointment reminders, follow-ups on inquiries or consultations, promotional messages about HoopJumper offerings, and general business communications.

Program name: HoopJumper LLC SMS Alerts. Supported carriers: available on all major U.S. carriers. Consent is not required as a condition of purchasing or using any HoopJumper LLC service. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent will not be shared with any third party. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP for assistance.

Recipients may also revoke SMS consent by any other reasonable written means, including emailing support@hoopjumper.com with a clear request to stop receiving text messages. HoopJumper LLC will make reasonable efforts to honor opt-out requests promptly.

9. Client Responsibilities

Clients agree to:

• Provide accurate, complete, and up-to-date information and materials required for projects
• Respond to requests for feedback, approvals, and content in a timely manner
• Ensure they hold all necessary rights and permissions for any content, logos, images, or materials provided to HoopJumper LLC
• Maintain payment obligations according to the agreed schedule
• Maintain a compliant Privacy Policy and Terms of Service on their own website when deploying HoopJumper LLC AI, tracking, or advertising tools
• Comply with all applicable platform terms of service for any third-party platforms used as part of their HoopJumper LLC service

Delays in client responses may affect project timelines, and HoopJumper LLC is not liable for performance gaps attributable to client inaction.

10. Deemed Approval Policy

Deemed Approval Policy, also referred to internally by HoopJumper LLC as "Pocket Approval," means that if Client does not respond within the stated review period with approval, revision requests, corrections, or written objection, the submitted deliverable may be treated as approved for the next stage of production, scheduling, publication, or distribution, subject to any limitations stated in these Terms or the applicable service agreement.

For all tasks, deliverables, content, and creative assets that HoopJumper LLC produces on a client's behalf, including but not limited to AI services, videos, audio, website revisions, advertising creative, and other work product requiring client review, HoopJumper LLC will provide the client a default review window of 7 calendar days from the date the deliverable is presented to the client for review. If the client does not respond within that window with an approval, requested revisions, or other written communication, the deliverable will be deemed approved under this Deemed Approval Policy and will proceed to production, publication, or distribution accordingly. HoopJumper LLC is not liable for any errors, omissions, or issues with a deliverable that proceeds under Deemed Approval due to the client's lack of timely response.

HoopJumper LLC may require express written approval before publishing, distributing, or launching certain high-risk or regulated materials, including but not limited to paid advertising campaigns, AI voice or AI likeness content, health, financial, legal, real estate, political, testimonial, review-related, or other regulated content. HoopJumper LLC may pause publication or distribution of such materials until express approval is received, without reducing Client's payment obligations.

The default 7-day Deemed Approval window may only be modified by written mutual agreement signed by both the client and an authorized representative of HoopJumper LLC. No unilateral request by the client alone is sufficient to alter the default review window.

Removal of Deemed Approval Status: A client may request, in writing, to remove the Deemed Approval Policy from their account. Such removal requires the express written approval of HoopJumper LLC and will not be granted automatically. Removal of Deemed Approval Status does not alter, reduce, suspend, or otherwise affect the client's monthly billing obligations in any way. All monthly package fees remain due and payable as a retainer for HoopJumper LLC's ongoing availability, resource allocation, and work product creation on the client's behalf, regardless of whether the client chooses to approve, reject, or ignore any deliverable. If a client elects not to approve any asset produced for them, the account will remain active, the monthly retainer will continue to be charged, and all produced assets will be held available for the client's future use. HoopJumper LLC bears no responsibility for business outcomes resulting from a client's failure to approve or deploy their deliverables.

Monthly Package Quantities: The quantity of any deliverable stated in a package name, description, or service agreement represents the maximum number of that deliverable included in that package for the applicable billing period. Each billing period stands on its own. Any deliverable quantity not utilized within its billing period expires at the close of that period and is forfeited without credit, refund, or compensation. There are no carryovers, rollovers, or accumulations of unused units from one billing period to the next, regardless of the reason for non-utilization, including but not limited to client non-responsiveness, client delays, or client failure to provide required materials.

Additional Deliverable Orders: If a client wishes to order deliverables beyond the maximum quantity included in their monthly package, additional units may be ordered on a per-unit basis at the per-unit rate implied by their current package price. Additional orders are subject to HoopJumper LLC's then-current production schedule and availability.

11. Refund Policy

Clients may receive a full refund by sending a written cancellation notice to support@hoopjumper.com within three days (72 hours) of the purchase date and time. Refunds requested back to a credit card or bank transfer will incur an 8% processing/refund fee. After three (3) days, and before work has begun, all cancellations are subject to a 25% administration fee to cover overhead and administrative costs.

Once work has been initiated, payments are generally non-refundable. Advertising spend committed to third-party platforms is non-refundable once campaigns have launched. Refunds on HoopJumper LLC management or service fees beyond the policy above may be issued solely at HoopJumper LLC's discretion in circumstances where services have not yet commenced.

11a. Billing Disputes and Good-Faith Resolution of Authorized Charges

Client agrees to contact HoopJumper LLC in writing at support@hoopjumper.com before initiating a payment dispute, chargeback, or reversal for any charge Client believes is incorrect, duplicate, unauthorized, or inconsistent with the applicable service agreement. HoopJumper LLC will make a good-faith effort to investigate and resolve the issue.

If Client initiates a chargeback or dispute for a charge that was authorized under these Terms, an invoice, order form, service agreement, or accepted proposal, Client remains responsible for the underlying amount owed, together with any chargeback fees, collection costs, or administrative costs permitted by law. HoopJumper LLC reserves the right to suspend or terminate services under Section 17, pursue collection of the disputed amount and associated fees, and treat repeated or bad-faith chargebacks as grounds for termination for cause.

12. Intellectual Property

Unless otherwise specified in a written client agreement:

• Clients retain ownership of their brand assets, logos, and original content they provide to HoopJumper LLC
• Upon receipt of full payment for a project, clients receive a non-exclusive license to use the deliverables produced by HoopJumper LLC for their intended business purpose
• HoopJumper LLC retains ownership of its internal methodologies, frameworks, systems, AI configurations, prompt architectures, proprietary tools, and processes developed in the course of delivering services
• AI-generated content produced using HoopJumper LLC's tools and delivered to the client as a service output is licensed to the client for their use upon full payment, subject to applicable law regarding AI-generated content ownership

Clients may not resell, sublicense, or represent HoopJumper LLC's proprietary systems or tools as their own.

12a. Production Credits Policy.

HoopJumper LLC reserves the right to include a modest production credit on content produced under this Agreement. The standard credit line 'Produced by HoopJumper.com' may appear at the bottom of social media captions, YouTube descriptions, and podcast episode descriptions. Clients who prefer to opt out of visible production credits may request removal by contacting support@hoopjumper.com.

12b. Website Ownership and Platform Components.

Upon full payment, Client may use the completed website content and deliverables created specifically for Client for their intended business purpose. However, HoopJumper LLC retains ownership of its proprietary systems, reusable frameworks, templates, development methods, AI configurations, licensed software stack, plugin configurations, hosting environment, workflows, and internal processes. Third-party themes, plugins, IDX tools, stock assets, fonts, software, AI tools, and platform integrations remain subject to their respective third-party licenses and may not transfer with the website unless expressly stated in writing.

13. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. HoopJumper LLC will not publicly disclose client business information, campaign data, or performance metrics without the client's consent, except as required by law. Clients agree not to disclose HoopJumper LLC's pricing, proprietary methodologies, technology partner identities, or internal systems to any third party.

14. No Guarantee of Results

HoopJumper LLC strives to deliver excellent results for every client. However, we cannot guarantee specific outcomes including search engine rankings, lead volume, review scores, advertising performance, website traffic, revenue increases, or AI system performance. Digital marketing and AI results depend on numerous external factors including market conditions, competition, algorithm changes, budget levels, and client responsiveness. Past client results are not a guarantee of future performance.

15. Limitation of Liability

To the maximum extent permitted by applicable law, HoopJumper LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use our services, including but not limited to lost profits, lost data, business interruption, or reputational harm, even if HoopJumper LLC has been advised of the possibility of such damages.

HoopJumper LLC's total cumulative liability to any client for any claim arising out of or related to our services shall not exceed the total amount paid by that client to HoopJumper LLC in the three (3) months immediately preceding the event giving rise to the claim.

HoopJumper LLC is not liable for: (a) actions or inactions of third-party technology platforms; (b) AI-generated content errors; (c) client failure to review or approve content before publication; (d) advertising performance on third-party ad networks; or (e) client non-compliance with applicable laws in connection with their use of HoopJumper LLC services.

16. Indemnification

You agree to indemnify, defend, and hold harmless HoopJumper LLC, its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of our services; (b) your violation of these Terms of Service; (c) your violation of any applicable law or third-party right; (d) content or materials you provide to HoopJumper LLC; or (e) your failure to maintain legally required disclosures on your own website or in your advertising.

17. Termination

HoopJumper LLC reserves the right to suspend or terminate services immediately and without liability if: (a) invoices remain unpaid beyond 10 days of the due date; (b) a client engages in abusive, threatening, or unlawful conduct toward HoopJumper LLC staff or contractors; (c) a client violates third-party platform policies in a manner that puts HoopJumper LLC accounts at risk; (d) a client provides false information in connection with their service agreement; or (e) a client attempts to circumvent, reverse-engineer, or misappropriate HoopJumper LLC's proprietary systems or technology partner relationships.

Clients may terminate ongoing services according to the notice terms specified in their service agreement. Upon termination, client access to HoopJumper LLC-managed systems, AI tools, dashboards, and third-party platform accounts provisioned by HoopJumper LLC will be suspended. HoopJumper LLC will make reasonable efforts to transition client-owned assets upon request and receipt of any outstanding balances.

17a. Cancellation Notice and Production Calendar.

Client may cancel services at the conclusion of any contracted term by providing written notice to support@hoopjumper.com no less than 45 days prior to the first day of the next publication month. Client acknowledges that content production for each publication month begins a full 45 days in advance of that month's scheduled publication dates.

A cancellation notice submitted within an active 45-day production window constitutes notice for the following publication month. The payment due for the publication month currently in production at the time of cancellation notice is the Client's final payment and is owed in full. HoopJumper LLC will fulfill its production obligations for that final contracted month. No partial refunds or credits will be issued for the final production month regardless of whether Client requests that content be published or withheld.

Verbal cancellation requests are not accepted. All cancellation requests must be submitted in writing to support@hoopjumper.com and will be confirmed by HoopJumper LLC in writing within 3 business days.

17b. Financial Obligations Upon Cancellation.

Client's request for content removal, discontinuation of AI Twin use, or cessation of production services does not alter, reduce, or eliminate Client's financial obligations under this Agreement. Client remains responsible for full payment of all fees due for the entirety of the contracted service term, regardless of whether Client requests that content creation continue or cease.

HoopJumper LLC's obligation to perform services under this Agreement is separate from Client's right to request content removal. Payment terms are governed by the service agreement executed at time of enrollment and are not contingent upon Client's satisfaction with, or continued desire for, the content produced.

18. Force Majeure

HoopJumper LLC will not be liable for delay, interruption, non-performance, data loss, downtime, or failure to deliver services caused by events outside its reasonable control, including but not limited to acts of God, natural disasters, labor disruptions, internet outages, cyberattacks, hosting provider failures, payment processor outages, third-party platform outages, changes to third-party platform rules, government action, war, terrorism, civil unrest, or other events beyond HoopJumper LLC's reasonable control.

19. Changes to Terms

HoopJumper LLC may update these Terms from time to time. The updated version will be posted at https://hoopjumper.com and will include a revised "Last Updated" date. For active clients, material changes that affect billing, cancellation, ownership, dispute resolution, or service obligations will apply prospectively unless otherwise permitted by law or agreed in writing.

20. Taxes and Collection Costs

Client is responsible for all applicable taxes, duties, assessments, or governmental charges related to HoopJumper LLC's services, except taxes based on HoopJumper LLC's income. If Client fails to pay amounts when due, HoopJumper LLC may recover reasonable collection costs, chargeback fees, attorneys' fees, court costs, arbitration costs, and other costs of enforcement to the extent permitted by law.

21. Electronic Communications

By engaging HoopJumper LLC's services, client consents to receive communications via email, text, and digital platforms related to scheduling, billing, project updates, and service follow-up. Client may opt out of non-essential communications at any time.

22. Website Design and Hosting Services

This section applies specifically to clients engaged for standalone website design, development, and hosting services.

22a. Project Materials.

Client will supply HoopJumper LLC with all needed personal photos, logos, and supporting materials, or contract for them to be created, so as not to impede the website creation process. HoopJumper LLC will build client's website using these materials together with HoopJumper LLC's own proprietary systems, themes, tools, and approved software.

22b. Installment Payment Plans.

If client is paying for website creation or setup via an installment plan and a card payment declines, a decline fee of $50 may be added to the next payment. Should client stop making installment payments before the full balance is paid, work completed to date becomes the sole property of HoopJumper LLC, and no refunds will be issued for prior payments.

22c. Project Timeframe.

Client websites are completed in the order received. The HoopJumper LLC copyright and promotional verbiage and links appear on all websites produced. HoopJumper LLC reserves the right to use any website created under this section for its own promotional purposes or those of its affiliate resellers. After a client's website has launched, client has 7 days to submit requested revisions or fixes within the scope of the contract. New add-ons or further revisions beyond that window may incur an additional fee.

22d. Client's Responsibility for Setup.

Client has one (1) month from the date of purchase to supply all materials needed to complete the website setup, and to promptly complete and return any MLS IDX agreement, where applicable. During this time, HoopJumper LLC will make all reasonable changes and revision requests to the client's website. Client agrees to cooperate during the intake and revision process and to confirm requests, approvals, and instructions in writing via email so that there is a clear, time-stamped record. HoopJumper LLC is not liable for instructions that are given verbally and are incorrectly implemented, not implemented, or not properly relayed.

22e. Website Hosting.

Unless confirmed otherwise, hosting officially commences 30 days following submission of client's order. Hosting runs in one-month increments and is included in the Monthly Maintenance Fee. Whatever day hosting begins during the first month, that partial month is pro-rated by the half-month up front: sites launched between the 1st and 15th are charged a full month's maintenance fee, and sites launched between the 16th and end of month are charged a half-month's fee, with regular monthly billing beginning the 1st of the following month.

22f. Monthly Maintenance Fees.

Monthly Maintenance Fees, which include hosting, commence one month after the client's first payment regardless of whether required materials have been submitted. Once work has begun, no refund of any amount will be given. Unless included in a specific package or bundle, website creation pricing does not include photography, biography writing, personal logos, or monthly hosting. Maintenance Fees are charged on the 28th day of the month, Eastern Time, for the month ahead, using the card on file at that time. The billing date may shift earlier if the 28th falls on a weekend, holiday, or for other operational reasons. Maintenance fees, once paid, are non-refundable.

22g. Non-Payment.

In the event of non-payment, client will be notified by email of an impending hosting shutdown. If payment is still not received by the end of the notification period, the client's site or account may be suspended until payment is made, along with a $100 reinstatement fee charged to the card on file. HoopJumper LLC assumes no liability for business lost due to a client's website or related service interruption.

22h. Email Policy.

HoopJumper LLC does not officially supply or support email services and is not liable for issues pertaining to a client's email or email service. Requests for technical support related to a client's email may incur a service fee, and results from working with a client's outside email provider are not guaranteed.

22i. Downtime Policy.

HoopJumper LLC takes reasonable measures to ensure uninterrupted website service. In the rare event a client's website is not being served to the internet by HoopJumper LLC for more than 2 business days, client will be compensated with one free month of hosting (does not apply to IDX feed, where applicable), to be added at the end of the current term upon client's request, with no further compensation. Requests for compensation must be made via email within 30 days of the incident, with proof of the incident provided by the client at the time of request.

22j. Cancellation.

Cancellation of website hosting must be submitted before 5:00 PM Eastern Time on the 27th of the month, or the client will be billed for the following month with no refund. If a client cancels during a pre-paid annual hosting agreement before completing the full year, no refunds will be given.

22k. Technical Support.

HoopJumper LLC will repair technical issues that are not the result of client action at no additional charge within the scope of the client's service agreement. Work requested by the client that falls outside their included retainer hours, based on their subscription tier, will be billed on an hourly basis. HoopJumper LLC will issue a full invoice for any such additional hours, which the client agrees to pay upon receipt. Failure to pay an invoice for additional hours may result in suspension of services and may require the client to pre-pay for a larger block of retainer time before services resume.

22l. Search Engine Placement.

HoopJumper LLC provides tools and strategies to support search engine placement but does not control or guarantee placement, results, leads, or sales. Strategies offered are based on information available at the time but are not guaranteed.

22m. External Services and Social Media.

External platforms, including social media companies and search engines, may change requirements or formats without notice. HoopJumper LLC is not responsible for the cost of updates required by these changes, and any needed updates or reconfigurations may incur a fee.

22n. Client Domain Names.

Renewal fees for a client's domain name(s) are entirely the domain owner's responsibility. If a domain's registration lapses or is suspended, or is re-pointed to another server, HoopJumper LLC's hosting duties and the client's payment obligations continue until HoopJumper LLC receives written email cancellation. No refunds of any kind will be given for hosting in this circumstance.

22o. Excessive Use Surcharge.

HoopJumper LLC reserves the right to charge a supplemental surcharge if usage becomes excessive and places a material drain on system resources.

22p. Video and Audio Policy.

Streaming video and audio may be used on a client's website as an embedded file sourced from another service (such as YouTube or Vimeo), but may not be stored or streamed directly from HoopJumper LLC's servers.

22q. IDX Policy.

For real estate clients using an IDX data feed: client acknowledges that IDX tools using the client's MLS data feed are supplied under the client's own separate contract with the IDX provider, and that HoopJumper LLC will, as a value-added service, set up, initiate, and integrate that feed on the client's behalf. The client will be billed directly by the IDX provider upon creation of their feed. HoopJumper LLC serves as the client's designated "Developer" with the IDX provider for the duration of hosting, and will submit and manage technical support requests on the client's behalf rather than the client contacting the provider directly. HoopJumper LLC is not responsible for issues pertaining to the client's IDX provider account. Additional agents or MLS boards beyond a single-agent, single-board account will incur additional fees from the IDX provider. If a feed has not already been set up with the client's MLS, a one-time setup fee of $250 may apply, charged by the IDX provider directly. IDX fees are subject to change and may carry additional surcharges from the client's local MLS, which HoopJumper LLC does not control and is not responsible for. If a client chooses a different IDX service, HoopJumper LLC is not responsible for issues pertaining to that service.

22r. Accessibility Disclaimer.

HoopJumper LLC uses commercially reasonable design practices intended to support accessibility, but does not guarantee that any website meets the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), or similar accessibility standards unless accessibility compliance is expressly included as a contracted deliverable in Client's service agreement.

23. Dispute Resolution and Governing Law

The parties agree to first make a good-faith effort to resolve any dispute through direct communication. If a dispute cannot be resolved informally, any claim related to these Terms of Service, HoopJumper LLC's services, payments, performance, termination, or the parties' business relationship will be resolved by binding arbitration rather than in court, except that either party may bring an eligible claim in small claims court in Polk County, Texas.

This Agreement is governed by the laws of the State of Texas, and arbitration will be administered under the rules of the American Arbitration Association, seated in Polk County, Texas. Arbitration may be conducted remotely by video conference, telephone, or similar means, and any remote hearing will be deemed to take place in Polk County, Texas.

For business-to-business matters, the parties will initially share reasonable arbitration costs unless the arbitrator decides otherwise, and the prevailing party may recover allowable attorneys' fees and costs where permitted by this Agreement or applicable law.

Any court action permitted under this section, including small claims actions, requests for emergency relief, compelling arbitration, or enforcing an arbitration award, must be brought in Polk County, Texas, unless applicable law requires otherwise. Nothing in this section prevents HoopJumper LLC from seeking injunctive or other equitable relief for violations of its intellectual property or confidentiality rights.

24. Acceptance

By submitting payment, signing a proposal, or electronically acknowledging this agreement, client confirms they have read, understood, and agreed to these Terms of Service in full. Electronic acceptance carries the same legal weight as a handwritten signature.

 

HoopJumper LLC | 170 Rainbow Drive #7097, Livingston, TX 77399 | support@hoopjumper.com