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 has served clients since 2005 and operates as a fully virtual company.

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 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.

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 20

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

4. Third-Party Technology Partners

HoopJumper 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 is not responsible for outages, policy changes, feature modifications, pricing adjustments, or service interruptions imposed by third-party platforms. HoopJumper 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 service; (b) reverse-engineer, decompile, or disassemble any HoopJumper tool or platform; or (c) use credentials, API access, or proprietary system access obtained through HoopJumper 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.

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 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 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'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 6a, HoopJumper 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 is not liable for a client's failure to make required disclosures to their own website visitors.

5d. Reputation Management. HoopJumper'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 is not liable for damages arising from review content or response disputes.

5e. No Guarantee of AI Performance. HoopJumper 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.

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 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'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 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 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 does not warrant its completeness or real-time accuracy. Receipt of a Report Card does not create a client relationship or obligate HoopJumper 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 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.

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
• Maintain payment obligations according to the agreed schedule
• Maintain a compliant Privacy Policy and Terms of Service on their own website when deploying HoopJumper AI, tracking, or advertising tools
• Comply with all applicable platform terms of service for any third-party platforms used as part of their HoopJumper service

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

10. Pocket Approval

For tasks, deliverables, content, and creative assets that HoopJumper produces on a client's behalf, including but not limited to AI services, videos, audios, website revisions, advertising creative, and other work product requiring client review, HoopJumper will provide the client a defined window of time to respond with an approval, requested revisions, or other communication.

If the client does not respond within the agreed-upon timeframe, the deliverable will be deemed a “Pocket Approval.” A Pocket Approval carries the same weight and authority as an explicit, affirmative approval from the client, and the deliverable will proceed to production, publication, or distribution accordingly.

HoopJumper is not liable for any errors, omissions, or issues with a deliverable that proceeds under a Pocket Approval due to the client's lack of timely response.

11. Payments and Billing

All services must be paid according to the payment schedule specified in invoices or service agreements. Services may include monthly recurring fees, one-time project fees, or annual packages. Failure to pay invoices by the due date may result in suspension or termination of services. HoopJumper reserves the right to charge interest on overdue balances at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

12. 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 management or service fees beyond the policy above may be issued solely at HoopJumper's discretion in circumstances where services have not yet commenced.

13. 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
• Upon receipt of full payment for a project, clients receive a non-exclusive license to use the deliverables produced by HoopJumper for their intended business purpose
• HoopJumper 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'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's proprietary systems or tools as their own.

14. 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 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's pricing, proprietary methodologies, technology partner identities, or internal systems to any third party.

15. No Guarantee of Results

HoopJumper 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.

16. 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 has been advised of the possibility of such damages.

HoopJumper'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 in the three (3) months immediately preceding the event giving rise to the claim.

HoopJumper 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 services.

17. 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; or (e) your failure to maintain legally required disclosures on your own website or in your advertising.

18. Termination

HoopJumper 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 staff or contractors; (c) a client violates third-party platform policies in a manner that puts HoopJumper 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'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-managed systems, AI tools, dashboards, and third-party platform accounts provisioned by HoopJumper will be suspended. HoopJumper will make reasonable efforts to transition client-owned assets upon request and receipt of any outstanding balances.

19. Electronic Communications

By engaging HoopJumper'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.

20. Website Design and Hosting Services

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

20a. Project Materials. Client will supply HoopJumper 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 will build client's website using these materials together with HoopJumper's own proprietary systems, themes, tools, and approved software.

20b. 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, and no refunds will be issued for prior payments.

20c. Project Timeframe. Client websites are completed in the order received. The HoopJumper copyright and promotional verbiage and links appear on all websites produced. HoopJumper 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.

20d. 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 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 is not liable for instructions that are given verbally and are incorrectly implemented, not implemented, or not properly relayed.

20e. 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.

20f. 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.

20g. 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 assumes no liability for business lost due to a client's website or related service interruption.

20h. Email Policy. HoopJumper 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.

20i. Downtime Policy. HoopJumper 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 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.

20j. 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.

20k. Technical Support. HoopJumper 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 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.

20l. Search Engine Placement. HoopJumper 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.

20m. External Services and Social Media. External platforms, including social media companies and search engines, may change requirements or formats without notice. HoopJumper is not responsible for the cost of updates required by these changes, and any needed updates or reconfigurations may incur a fee.

20n. 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's hosting duties and the client's payment obligations continue until HoopJumper receives written email cancellation. No refunds of any kind will be given for hosting in this circumstance.

20o. Excessive Use Surcharge. HoopJumper reserves the right to charge a supplemental surcharge if usage becomes excessive and places a material drain on system resources.

20p. 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's servers.

20q. 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 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 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 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 does not control and is not responsible for. If a client chooses a different IDX service, HoopJumper is not responsible for issues pertaining to that service.

21. 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'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 from seeking injunctive or other equitable relief for violations of its intellectual property or confidentiality rights.

22. 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