These Terms of Service ("Terms") are a binding agreement between EmberLead Digital ("EmberLead," "we," "us," or "our"), a digital marketing agency based in Albuquerque, New Mexico, and you ("Client," "User," or "you"). By using our services, submitting any form, or scheduling an appointment through EmberLead you agree to these Terms in full.
For information about how we collect and use your personal data, please review our Privacy Policy.
Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, do not use our services or submit any form through EmberLead.
1. Age Restriction
You must be at least 18 years of age to use EmberLead's services, submit any form through our pages, or opt in to receive SMS communications from EmberLead. By using our services or submitting a form you represent and warrant that you are 18 years of age or older.
EmberLead does not knowingly provide services to, collect information from, or send marketing communications to individuals under the age of 18. If we become aware that a minor has submitted information through our services we will delete that information promptly.
2. Our Services
EmberLead provides the following services to local business owners:
Lead Generation — We design, launch, and manage paid advertising campaigns on platforms including Facebook and Instagram to generate qualified inbound leads for your business. When a prospective customer submits their information through one of our ad campaigns, their details are captured and entered into our follow-up system on your behalf.
Automated Lead Follow-Up and Appointment Booking — Once a lead is captured, EmberLead uses AppointWise to send automated SMS and email messages to that lead on your behalf. These messages introduce your business, qualify the prospect through targeted questions, and guide them toward booking an appointment directly into your calendar. The goal is for your calendar to be filled with qualified, ready-to-buy prospects without you having to manually follow up with every lead.
In delivering these services, EmberLead contacts leads generated from your advertising campaigns via automated messaging. Those leads are prospective customers of your business, and all communications sent to them are made on your behalf and in the name of your business. The specific scope, pricing model, deliverables, and timeline for your engagement will be confirmed in a separate written service agreement or service confirmation before any work begins.
3. SMS Program Description and Messaging Terms
EmberLead operates an automated SMS messaging program as part of our lead follow-up and appointment booking services. By signing up for EmberLead's services you may receive automated text messages related to your account, campaign updates, onboarding, and appointment scheduling as described below.
Program name: EmberLead Digital Messaging
Messaging use cases: There are two categories of SMS communications under this program. First, account-level communications to EmberLead clients including onboarding, campaign performance updates, appointment scheduling for account calls, and billing notifications. Second, lead follow-up communications sent to prospective customers on behalf of EmberLead clients — including initial contact after a lead submits an ad form, qualification questions, appointment booking confirmations, and appointment reminders. All lead follow-up messages are sent in the name of the client business whose advertising campaign generated that lead.
Message frequency: Varies based on your account activity and communication preferences
Sender: Messages are sent from EmberLead Digital in connection with your account, campaign updates, and scheduled communications
Message and data rates may apply. Standard message and data rates charged by your mobile carrier apply to all messages sent and received. EmberLead is not responsible for any charges applied by your carrier
To opt out: Reply STOP to any message at any time. You will receive one final confirmation message and no further messages will be sent
For help: Reply HELP to any message or contact us at [email protected]
No Sharing of SMS Opt-In Data. Your phone number and SMS opt-in consent will never be sold, shared, or disclosed to any third party or affiliate for their own marketing or promotional purposes under any circumstances. See our Privacy Policy for full details.
4. Carrier Liability Disclaimer
Mobile carriers including but not limited to AT&T, Verizon, T-Mobile, and US Cellular are not liable for delayed, undelivered, or misdirected messages sent through EmberLead's SMS program. Delivery of text messages is subject to carrier availability, network coverage, and technical conditions that are entirely outside of EmberLead's control.
EmberLead makes no guarantee that every automated message will be delivered successfully or within a specific timeframe. If you are experiencing issues receiving messages please contact us directly using the support information in Section 12.
5. Acceptance of Terms
These Terms apply to all clients of EmberLead regardless of how the engagement began — including verbal agreement, written agreement, email or text confirmation, or payment.
These Terms also govern the automated SMS and email communications EmberLead sends to leads on behalf of its clients. Those leads are prospective customers of EmberLead's clients, not clients of EmberLead itself. However, by receiving communications from EmberLead on a client's behalf, leads acknowledge that EmberLead is acting as a marketing and automation provider and that their contact information was submitted voluntarily through an advertising opt-in form.
By engaging EmberLead as a client you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
6. Lead Generation Terms
No Guaranteed Results. EmberLead does not warrant that campaigns will generate a specific number of leads, a specific cost per lead, a specific appointment booking rate, a specific close rate, or any specific revenue outcome. Advertising results are subject to market conditions, audience behavior, platform algorithm changes, competition, and other factors outside EmberLead's control.
Free Trial and Demonstration Leads. Any complimentary leads or trial services offered prior to a paid engagement are provided as a demonstration only and do not constitute a guarantee of ongoing results. Free trials are limited to the scope confirmed in writing before the trial begins. No payment obligation arises from a free trial unless you explicitly agree in writing to proceed with a paid arrangement.
Ad Spend. Your advertising budget is paid directly to the advertising platform and is entirely separate from EmberLead's service fee. EmberLead never handles your ad spend. You are responsible for funding your ad account and maintaining sufficient budget to sustain campaigns as agreed.
Lead Data Ownership. All advertising accounts, funnels, creative assets, and automation workflows built by EmberLead remain EmberLead's intellectual property unless explicitly transferred in writing. Lead contact data collected through EmberLead campaigns is shared with you for the purpose of servicing those leads during your active engagement.
Your Follow-Up Responsibility. You are responsible for responding to leads and honoring booked appointments promptly. EmberLead is not responsible for revenue lost due to delayed response times, missed calls, or failure to honor appointments.
7. Automated Messaging and Appointment Booking
Automated Communications. Our system sends automated SMS and email messages to leads on your behalf using your business name. You are responsible for ensuring all automated communications sent under your business identity comply with applicable laws including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.
AppointWise Integration. Qualified leads are booked directly into your calendar through AppointWise. You are responsible for honoring all appointments booked through this system. EmberLead is not liable for no-shows, cancellations, or disputes that arise from booked appointments.
Opt-Out Compliance. Our system processes opt-out requests automatically when a contact replies STOP. You must not attempt to contact any individual who has opted out of communications from EmberLead or your business.
TCPA Compliance. By using our services you agree that all leads generated through EmberLead advertising campaigns have provided consent to be contacted by submitting their information through an opt-in form. EmberLead sends follow-up communications to those leads on your behalf. You agree that all such communications comply with the TCPA and all applicable federal, state, and local laws governing telephone, SMS, and email communications.
Lead Contact Consent. All advertising campaigns operated by EmberLead include a form submission process through which prospective customers voluntarily provide their contact information and consent to be contacted. This consent covers automated SMS and email follow-up messages sent by EmberLead on behalf of your business through AppointWise. You represent that you have reviewed and approved the consent language used in your campaigns and accept responsibility for ensuring those campaigns meet applicable legal standards for your industry and location.
Lead Privacy. Contact information collected from leads generated through your campaigns is used exclusively to follow up with those leads on your behalf and book appointments into your calendar. EmberLead does not sell, share, or use lead contact information for any purpose unrelated to your campaign.
8. Client Obligations
By engaging EmberLead you agree to:
Provide accurate, complete, and up-to-date business information required to set up and operate your campaigns and booking system
Honor all appointments booked through the EmberLead system promptly and professionally
Fund your advertising account directly and maintain sufficient budget to sustain agreed campaigns
Operate your business and interact with leads in compliance with all applicable local, state, and federal laws
Not use EmberLead's services for any unlawful, deceptive, or harmful purpose
Keep your payment information current and settle invoices on time
Notify EmberLead promptly of any changes to your availability, service area, or business circumstances that may affect campaign performance or appointment scheduling
9. Payment Terms
EmberLead offers services under two pricing models. The applicable model will be confirmed in your written service agreement.
Monthly Retainer. Monthly service fees are billed in advance on your agreed billing date. Service for the upcoming month activates upon receipt of payment. EmberLead reserves the right to pause services if payment is not received within seven days of the due date.
Pay Per Lead. You are charged a fixed fee for each qualified lead delivered that meets the specific criteria agreed upon in writing before campaigns launch. Invoices are issued upon delivery of the agreed number of leads or on a schedule confirmed at the start of your engagement. Payment is due within seven days of invoice.
Ad Spend. Advertising spend is paid directly by you to the advertising platform and is not included in either pricing model above. EmberLead does not handle, invoice for, or mark up ad spend.
Late Payments. Accounts more than seven days past due may result in suspension of services until the balance is cleared.
Billing Disputes. Any dispute regarding a charge must be raised in writing within 14 days of the invoice date.
Price Changes. EmberLead may adjust pricing with 30 days written notice. Continued use of services after the notice period constitutes acceptance of updated pricing.
10. Cancellation and Refunds
Monthly Retainer Cancellation. Either party may cancel monthly services with 30 days written notice. Services continue through the end of the current paid billing period and will not automatically renew.
Pay Per Lead Cancellation. Either party may discontinue a pay-per-lead arrangement with written notice at any time. You remain responsible for payment of all leads delivered prior to the cancellation notice.
Refunds. All fees paid to EmberLead are generally non-refundable due to the time, strategy, and setup work involved in delivering our services. Refunds are not issued based on lead volume, appointment rates, or conversion outcomes that fall within normal market variability.
Immediate Termination. EmberLead may terminate services immediately without notice if a client violates these Terms, engages in unlawful activity, or poses a material risk to EmberLead's operations, reputation, or platform access.
11. Disclaimer of Warranties and Limitation of Liability
EMBERLEAD'S SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EMBERLEAD DOES NOT WARRANT THAT CAMPAIGNS WILL GENERATE A SPECIFIC NUMBER OF LEADS OR BOOKED APPOINTMENTS, THAT AUTOMATED MESSAGES WILL BE DELIVERED WITHOUT INTERRUPTION, OR THAT ANY PARTICULAR BUSINESS OUTCOME WILL RESULT FROM USE OF OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBERLEAD'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EMBERLEAD IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM. EMBERLEAD IS NOT LIABLE FOR LOST PROFITS, LOST REVENUE, MISSED APPOINTMENTS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND.
12. Indemnification
You agree to indemnify and hold harmless EmberLead Digital and any contractors or agents of EmberLead from all claims, losses, liabilities, and expenses including reasonable legal fees arising from your violation of these Terms, your failure to comply with TCPA or any applicable communications law, your misrepresentation to leads or customers, or your misuse of any automated communication system we provide on your behalf.
13. Intellectual Property
All advertising campaigns, creative assets, ad copy, funnels, automation workflows, and follow-up sequences created by EmberLead remain EmberLead's intellectual property unless explicitly transferred in a separate written agreement. You retain full ownership of your business name, logo, photos, and any content you provide to EmberLead for use in your campaigns.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New Mexico without regard to conflict of law provisions. Any dispute arising from these Terms shall first be attempted through good-faith negotiation for a period of 30 days. Unresolved disputes shall be submitted to binding arbitration in Albuquerque, New Mexico under the Commercial Arbitration Rules of the American Arbitration Association. All disputes must be brought on an individual basis — you waive any right to participate in class action proceedings against EmberLead.
15. Changes to These Terms
EmberLead may update these Terms at any time. The effective date at the top of this page reflects the most recent revision. Continued use of our services after changes take effect constitutes your acceptance of the updated Terms. For material changes we will make reasonable efforts to notify active clients directly.
16. Support and Contact Information
For questions about these Terms, billing inquiries, support requests, or to manage your communication preferences please reach out through any of the following:
EmberLead Digital
Albuquerque, New Mexico
Email: [email protected]
Phone: (505) 578-7494
SMS Help: Reply HELP to any message
SMS Opt-Out: Reply STOP to any message