Terms of Service

1. Agreement to these terms

These Terms of Service (the "Terms") govern your use of franchiseguys.co, including its franchise research directory (together, the "Site"). The Site is operated by AI MARKETING SALES LLC, doing business as Franchise Guys ("Franchise Guys," "we," "us" or "our"). Franchise Guys is part of Secret Agents, another trade name of the same company.

By using the Site or submitting a request for quote, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

2. Who can use the Site

You must be at least 18 years old and able to enter into a binding contract. If you use the Site on behalf of a company, you confirm that you have authority to bind that company to these Terms.

3. Our services and quotes

The Site describes marketing services we offer to franchisors, including franchise development and local marketing for franchise owners. A request for quote is an application, not a contract. We review each one and may decline it for any lawful reason.

Any engagement is governed by a separate written agreement that sets out scope, deliverables, timing and fees. If that agreement conflicts with these Terms, the agreement controls for the engagement.

4. No guarantee of results

We do not guarantee any particular outcome from our services, including a number of leads, franchise sales, units opened, revenue or return on ad spend. Examples, case studies, projections and estimates on the Site are illustrations only. Results vary with your brand, offer, market, budget and many factors outside our control.

Free tools on the Site, such as the Bad Idea Detector, are for education and entertainment. A score or verdict is a checklist, not a prediction, an evaluation of your business or financial advice. If you choose to let us feature your idea, you give us permission to describe and discuss it in our content, using your first name only.

5. Franchise information

The Site, including the directory, publishes information about franchise brands for general research. The directory is compiled from public records filed with state and federal government agencies, such as franchise disclosure documents. We do not independently verify those filings, and the information may be incomplete, out of date or contain errors from the source or from our processing of it. A listing is not an endorsement, and brand names and trademarks belong to their owners.

If you believe a directory record is inaccurate, email hello@secretagents.co and we will review it.

Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, a franchise. Any such offer is made only by a franchisor through its Franchise Disclosure Document and in compliance with applicable law. Nothing on the Site is legal, financial, tax or investment advice. Confirm the facts with the franchisor and your own professional advisers before making a decision.

6. Communications

When you submit a request for quote or otherwise give us your contact details, you agree that we may contact you about your request by email and, if you provide a phone number, by phone or text message. We send marketing text messages only where you have separately agreed to receive them.

You can stop marketing emails with the unsubscribe link in any message, stop text messages by replying STOP, or opt out of either by emailing hello@secretagents.co. Message and data rates may apply to texts.

7. Acceptable use

You agree not to:

• use the Site for anything unlawful or to submit false or misleading information;
• interfere with the Site, probe it for vulnerabilities, or try to access systems or data you are not authorized to access;
• upload malicious code, or send automated traffic that ignores our robots.txt file or places an unreasonable load on the Site; or
• present our content as your own or suggest that we endorse you without our written permission.

8. Intellectual property

The Site and its content, including text, design, graphics, logos and software, belong to us or our licensors and are protected by intellectual property laws. You may view the Site and quote short excerpts with attribution. Any other copying, republication or commercial use needs our written permission. The Franchise Guys name and logo are our trademarks.

9. Third-party sites and services

The Site links to and relies on third-party websites and services that we do not control. We are not responsible for their content, products or practices, and your use of them is subject to their own terms.

10. Disclaimer of warranties

The Site is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Site will be uninterrupted, secure or free of errors.

11. Limitation of liability

To the fullest extent permitted by law, Franchise Guys and its owners, employees, contractors and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Site or these Terms, even if we have been told such damages are possible.

Our total liability for all claims relating to the Site or these Terms will not exceed the greater of (a) the amount you paid us in the 12 months before the claim arose and (b) US $100. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

12. Indemnification

You agree to defend, indemnify and hold harmless Franchise Guys and its owners, employees, contractors and affiliates from any claims, losses and expenses, including reasonable attorneys' fees, arising from your misuse of the Site, your breach of these Terms, or your violation of any law or the rights of a third party.

13. Arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration rather than in court, except that either of us may bring an individual claim in small claims court if it qualifies. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. It will take place in the state of our principal place of business or, if you choose, by telephone, online or on written submissions only.

You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated or representative proceeding.

You may opt out of this section by emailing hello@secretagents.co within 30 days of first accepting these Terms. Include your name, your address and a clear statement that you are opting out of arbitration.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Where arbitration does not apply, you agree to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. Changes to these terms

We may update these Terms from time to time. We will post the new version here and change the "Last updated" date. Your continued use of the Site after a change means you accept the updated Terms.

16. General

If any part of these Terms is found unenforceable, the rest stays in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Site. Our failure to enforce a provision is not a waiver of it.

17. Contact

Questions about these Terms? Email hello@secretagents.co.
AI MARKETING SALES LLC, doing business as Franchise Guys