Terms of Service

Nephew — Fleek Labs, Inc.
Last Updated: March 30, 2026

1. Agreement

These Terms of Service (“Terms”) govern your use of Nephew, an AI-powered marketing platform operated by Fleek Labs, Inc., a Delaware corporation (“Company,” “we,” “us,” “our”). By subscribing to or using the Service, you (“Subscriber,” “you,” “your”) agree to these Terms. If you do not agree, do not use the Service.

2. Description of Service

Nephew is an AI-powered marketing platform that provides small businesses with automated marketing services including website generation and optimization, search engine optimization, advertising campaign management, social media management, review management, lead capture and follow-up, content creation, outbound marketing, customer loyalty and retention, call intelligence, and creative production. The Service uses artificial intelligence to generate content, manage campaigns, and communicate with your customers on your behalf.

3. Eligibility

You must be at least 18 years old and have the authority to bind the business entity you represent. You must provide accurate and complete registration information. You are responsible for maintaining the accuracy of your account information.

4. Subscription and Pricing

Pricing Model

Nephew uses a “Salary + Commission” pricing model. Your monthly fee includes a base marketing budget (“Salary”) determined during your onboarding audit, plus a performance bonus (“Commission”) based on qualified leads or attributed revenue. Full pricing details are presented in your custom proposal after the audit.

Billing

Subscription fees are billed monthly in advance via Stripe. Commission fees are billed monthly in arrears based on verified performance data. Ad spend is passed through at cost and billed separately from Nephew's service fee.

No Contracts

Your subscription is month-to-month. You may cancel at any time. There are no long-term contracts, cancellation penalties, or early termination fees.

Money-Back Guarantee

If you are not satisfied with the Service within the first 14 days, we will refund your Nephew service fee in full. This refund applies to Nephew's fee only and does not include third-party ad spend, which is non-refundable once spent. The guarantee period begins after a 7-day onboarding window during which the initial setup is completed.

Price Changes

We may adjust pricing with 30 days written notice. Price changes apply to the next billing cycle after the notice period. You may cancel before the new pricing takes effect.

5. Your Responsibilities

You are responsible for: providing accurate information about your business during onboarding and ongoing operation; reviewing and approving content and campaigns as requested by the Service (or configuring auto-approval where available); ensuring that any claims about your business, services, or pricing communicated through the Service are truthful and accurate; complying with all laws and regulations applicable to your business, industry, and marketing activities; obtaining and maintaining any necessary licenses, permits, or certifications for your business; ensuring that customer data shared with or collected through the Service was obtained with proper consent; and paying all fees when due.

6. What Nephew Does and Does Not Guarantee

What We Commit To

We commit to operating with transparency, honesty, and in the best interest of your business. We commit to conservative, data-backed projections. We commit to immediate ownership of mistakes. We commit to telling you when something isn't working and recommending changes. We commit to treating your customer data as yours, not ours.

What We Cannot Guarantee

Marketing results depend on many factors outside our control, including your market, competitors, pricing, service quality, seasonality, and economic conditions. We do not guarantee specific revenue amounts, lead counts, rankings, or other business outcomes. All projections and estimates are based on data from comparable businesses and market conditions, not promises. Words like “projecting,” “estimating,” and “based on similar businesses” are used intentionally. They are not guarantees.

This is not fine print to protect us. This is honesty. No marketing service — human or AI — can guarantee specific results. Anyone who tells you otherwise is lying to you.

7. Intellectual Property

Your Content

You own all content generated by the Service on your behalf. This includes website copy, blog posts, social media content, email campaigns, ad creatives, video content, and any other marketing materials. You may use, modify, distribute, or delete this content at your discretion. Upon cancellation, all content is exported and provided to you.

Our Platform

We retain ownership of the Nephew platform, software, AI models, algorithms, prompts, scoring systems, and proprietary methodology. Your subscription grants you a non-exclusive, non-transferable license to use the Service during your subscription period.

Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use them to improve the Service without obligation to you.

8. Data and Privacy

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:

9. Call Recording and Communications

Call Recording

The Service may record and transcribe business phone calls routed through our platform to provide call intelligence and lead capture features. You are responsible for complying with all applicable federal and state call recording consent laws. We provide configurable consent options, but you are ultimately responsible for ensuring compliance in your jurisdiction. You may disable call recording at any time.

SMS Messaging

The Service sends SMS messages to your customers on your behalf for purposes including appointment confirmations, review requests, lead follow-ups, and service reminders. All messaging complies with the Telephone Consumer Protection Act (TCPA) and A2P 10DLC regulations. You are responsible for ensuring that recipients have provided appropriate consent to receive text messages from your business. We provide consent collection mechanisms through your website forms and booking system, but you are responsible for verifying that consent is properly obtained for any customer contact information you provide to us outside of these mechanisms. Recipients may opt out at any time by replying STOP.

Email

The Service sends emails on your behalf using your business domain. We configure proper email authentication (SPF, DKIM, DMARC) to ensure deliverability. You are responsible for complying with CAN-SPAM and any applicable email marketing laws.

10. AI-Generated Content

The Service uses artificial intelligence to generate marketing content, respond to reviews, communicate with leads, and perform other marketing functions. While we implement extensive quality controls, AI-generated content may occasionally contain errors. You are responsible for reviewing content in your approval queue before it is published. For content that is auto-approved (based on your configured trust level), we implement compliance checks and guardrails, but cannot guarantee perfection. If AI-generated content causes an issue, notify us immediately and we will address it.

We do not disclose to your customers that marketing content or communications are AI-generated unless required by law or directly asked. If a customer directly asks whether they are communicating with AI, the system will respond honestly.

11. Third-Party Services

The Service integrates with third-party platforms including Google Ads, Meta (Facebook/Instagram), Google Business Profile, Twilio, Stripe, and others. Your use of these platforms through our Service is also subject to their respective terms of service. We are not responsible for the actions, content, or policies of third-party services. If a third-party service experiences downtime, changes its API, or modifies its policies, it may temporarily affect certain features of the Service.

12. Account Security

You are responsible for maintaining the security of your account credentials. You must notify us immediately if you believe your account has been compromised. We are not liable for unauthorized access to your account resulting from your failure to maintain security of your credentials.

13. Acceptable Use

You may not use the Service to: send spam, unsolicited communications, or messages to people who have not consented; make false, misleading, or deceptive claims about your business; engage in illegal activity or promote illegal products or services; harass, threaten, or abuse any person; infringe on the intellectual property rights of others; attempt to reverse-engineer, decompile, or extract our proprietary technology; resell, sublicense, or redistribute the Service to third parties; or use the Service in any way that violates applicable law or regulation.

We reserve the right to suspend or terminate your account for violations of this section.

14. Limitation of Liability

To the maximum extent permitted by law, Fleek Labs, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, or loss of data, arising out of or related to your use of the Service.

Our total liability for any claim arising out of or related to these Terms or the Service shall not exceed the total fees you paid to us in the twelve (12) months preceding the claim.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fleek Labs, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your violation of these Terms; your violation of any applicable law or regulation; any content or information you provide to us; any claims made in marketing materials published through the Service that you reviewed and approved; or any dispute between you and your customers.

16. Suspension and Termination

By You

You may cancel your subscription at any time by notifying us through chat, email, or your account settings. Cancellation takes effect at the end of your current billing period. Upon cancellation, we will export all your data within 48 hours.

By Us

We may suspend or terminate your account if you: fail to pay fees when due (after 14 days notice and opportunity to cure); violate the Acceptable Use provisions; engage in activity that poses a security risk to the Service or other Subscribers; or become subject to legal proceedings that affect your ability to use the Service. We will provide reasonable notice before termination except in cases of severe violation or imminent harm.

17. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions.

Informal Resolution

Before filing any formal proceeding, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Delaware or remotely at the election of either party. The arbitrator's decision shall be final and binding.

Class Action Waiver

You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

18. Modifications to Terms

We may modify these Terms from time to time. We will notify you of material changes at least 30 days before they take effect through the Service (via chat message or email). Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree with the modifications, you may cancel your subscription before the changes take effect.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fleek Labs, Inc. regarding the Service.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment. You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force majeure. We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, internet or infrastructure failures, or third-party service outages.

20. Contact

For questions about these Terms:

Fleek Labs, Inc.
Email: hey@getnephew.com