This Contract Agreement (“Agreement”) is made and entered into by and between SocialBloom LLC (“SocialBloom,” “we,” or “us”), located in Minnesota, and the Client (“Client,” “you,” or “your”), collectively referred to as “the Parties.” By purchasing our services, you agree to be bound by the following Terms of Service (“Terms”). This Agreement outlines the terms and conditions under which SocialBloom will provide services to the Client.
1. Software License Grant
SocialBloom grants to Client a non-exclusive, non-transferable license to use the SocialBloom Lead Generation Software (“Software”) for the internal business purposes of Client.
1.1 Setup Fee
Client agrees to pay a one-time, non-refundable setup fee of $15,000. This fee covers the customization and configuration of the Software to meet Client’s specific needs, including:
- In-depth Analysis of Client’s lead generation efforts and business objectives.
- Tailored Lead Generation Strategy development.
- Multi-Channel Approach configuration within the Software (specific channels may vary).
- Content Creation for initial outreach campaigns.
- Customization of Automations and AI models for Client’s specific use case.
- Launching, Managing and Optimizing Client’s campaigns to achieve benchmark results (as defined in Section 1.2)
- Team Enablement training on the Software’s functionalities.
1.2 Performance Guarantee
SocialBloom guarantees the Software will generate a minimum of 5 SQL opportunities for every 1000 contacts within the first 30 days, or SocialBloom will continue running and optimizing Client’s campaigns for free until it does. Additionally, if the Software results ever drop below this benchmark, SocialBloom will re-optimize Client’s campaigns for free in order to return to at least 5 SQL opportunities for every 1000 contacts. This ongoing guarantee is valid for as long as Client maintains an active Software License subscription in good standing.
2. Software License Fee
Beginning 30 days after engagement, Client agrees to pay a monthly subscription fee of $1,500 for access to the Software. This fee includes:
- Unlimited users
- Up to 1,000 new contacts per month
- Ongoing Support (as defined in Section 3)
2.1 Additional Contacts Fee
Additional contacts can be purchased on demand at a rate of $0.20 per contact.
3. Ongoing Support
SocialBloom provides ongoing support as part of the monthly Software License Fee. This support includes:
- 24 / 7 live chat and video support
- Software system support, maintenance and infrastructure management
- Active KPI monitoring to meet the Performance Guarantee (as defined in Section 1.2)
4. Term and Termination
This Agreement is for a perpetual term and shall commence on the Effective Date. This Agreement may be terminated by either party upon written notice to the other party. Termination will be effective at the end of the then-current monthly billing cycle. Client will not be obligated to pay any fees beyond the end of the billing cycle in which termination occurs. No refunds of prepaid fees will be provided upon termination.
5. Client Obligations
- The Client agrees to provide accurate and up-to-date information required for SocialBloom to effectively deliver our services.
- The Client must actively participate in our workshops and provide timely feedback to enable us to meet the lead generation goals.
- The Client will adhere to all best practices recommended by SocialBloom to maximize the effectiveness of the lead engine.
6. Intellectual Property
All materials, content, and intellectual property created or provided by SocialBloom during the service engagement will be built in-house for the Client and will be the property of the Client. SocialBloom retains the right to use general methodologies, techniques, and know-how used or developed during the engagement for other clients.
7. Limitation of Liability
SocialBloom shall not be liable for any indirect, incidental, or consequential damages arising out of or relating to our services, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our services will not exceed the fees paid by the Client.
8. Confidentiality
Both parties agree to treat as confidential all information disclosed by the other party that is not publicly available and is reasonably understood to be confidential.
9. Dispute Resolution
Any disputes arising out of these Terms will be resolved through negotiation. If the dispute cannot be resolved, it will be subject to binding arbitration in accordance with the rules of the American Arbitration Association.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflict of law principles.
11. Changes to Terms
SocialBloom may update these Terms from time to time. Any changes will be posted on our website, and continued use of the services indicates acceptance of the modified Terms.
Contact Information
If you have any questions about these Terms, please contact us at info@socialbloomco.org.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the Client’s purchase of services.