Terms of Service

These Terms govern your use of FracMO. FracMO is a product of NetWebMedia, a company incorporated in Chile, and covers fracmo.ai, its industry subdomains, and the CRM workspace at fracmo.ai/crm/. By creating an account, subscribing, or using the site, you agree to them.

1. Acceptance

By accessing fracmo.ai, running the free AI-visibility audit, creating an account, or making a payment, you confirm that you have read and accept these Terms. If you do not accept them, do not use the service. If you are agreeing on behalf of a company, you confirm you are authorised to bind it.

2. What the service is

FracMO is a subscription product with three plans:

• Starter — $249/month. The self-serve multi-tenant CRM: pipeline, lead capture, automation and email, plus a monthly AI-visibility audit. No setup fee.
• Growth — $999/month, plus a one-time $499 setup charged with your first month. Everything in Starter, plus AI-native strategy, a content engine, and an active answer-engine-optimisation programme. The setup covers CRM integration, tracking installation and brand/voice onboarding.
• Premium — $2,490/month, by application. A full marketing operating system with multi-channel execution and a dedicated roadmap. Scope is agreed with you before you are charged.

The CRM is also offered configured per industry across the FracMO subdomains. Those are the same product with different defaults, on the same plans and the same Terms.

We may add, change or withdraw individual features. If we withdraw something material to your plan, you may cancel under section 5 and we will refund the unused part of your current period.

3. Your account

• You must give accurate signup details and keep them current.
• You are responsible for your credentials and for everything done under your account.
• Tell us promptly at carlos@fracmo.ai if you believe your account has been compromised.
• You must be 18 or older, and use FracMO for business purposes.
• Your workspace is isolated from every other customer’s. Do not attempt to reach data that is not yours.

4. Payment

• Plans are billed monthly in advance through Mercado Pago, which accepts major credit and debit cards. Your first charge is taken at signup and renews on the same day each month.
• Prices are in US dollars. Your bank’s currency-conversion or cross-border fees are outside our control and are not refundable by us.
• Starter has no setup fee. Growth includes a one-time $499 setup, billed together with your first month. Premium setup is scoped with you before you are charged.
• Setup fees are non-refundable once onboarding has begun.
• If a renewal payment fails we will retry and email you. If it remains unpaid we may suspend the workspace under section 12. Your data is retained through the retention window in our Privacy Policy.
• Prices may change. Existing subscribers get at least 30 days’ notice by email before a change applies to them, and can cancel before it takes effect.
• Stated prices exclude any taxes that may apply in your jurisdiction.

5. Cancellation & refunds

Every plan is month-to-month. There is no minimum term and no long-term contract.

• Cancel at any time from your CRM workspace, or by emailing carlos@fracmo.ai. No notice period, and no cancellation fee.
• Cancellation stops future billing. Your subscription stays active until the end of the period you have already paid for.
• We do not refund partial months, except where section 2 applies or the law requires it.
• After your subscription ends, your workspace data remains available for 30 days so you can export it. Ask and we will delete it sooner.
• Consumer-protection rights available to you under Chilean law, or under the law where you live, are not affected by anything in this section.

6. Your data & content

• You own your workspace data — contacts, deals, notes, campaigns, automations and anything else you put in. We claim no ownership of it.
• You grant us only the licence needed to host, process, back up and display it so the service works, and to send the messages you instruct us to send.
• We do not use it to train AI models, and we do not market to your contacts.
• You can export it at any time.
• You are responsible for having a lawful basis for the personal data you upload, and for your own privacy notice covering it. On data protection generally, our Privacy Policy forms part of these Terms.

7. Acceptable use

FracMO can send email on your behalf, so this section matters more than it usually would. You agree not to:

• Send unsolicited bulk email, or email to people who have not agreed to hear from you or with whom you have no existing business relationship.
• Send anything that breaches applicable anti-spam law — including CAN-SPAM, CASL, the GDPR/ePrivacy rules and Chilean Ley 19.496.
• Suppress, remove or bypass unsubscribe links, or contact anyone who has unsubscribed.
• Upload purchased, scraped or otherwise unlawfully obtained contact lists.
• Send unlawful, deceptive, harassing, defamatory or infringing content.
• Upload special-category personal data (health, biometric, financial account, government identifiers) beyond what the product is designed to hold.
• Probe, scan or attempt to access another customer’s workspace, or interfere with the service’s operation.
• Resell or white-label the service without our written agreement.

We maintain a platform-wide suppression list. Unsubscribes and hard bounces are honoured across the platform and cannot be overridden from within a workspace. Sending practices that damage deliverability for other customers may result in throttling or suspension.

8. Intellectual property

FracMO — the platform, its code, design, templates, prompt libraries, workflows and brand — remains ours. Your subscription is a licence to use it, not a transfer of it.

Content produced for you under a Growth or Premium engagement — copy, creative, campaign material — is yours once the period it was produced in is paid for. That ownership does not extend to the underlying tools, templates or methods used to produce it. Third-party assets included in any deliverable stay under their own licences.

9. No guarantee of results

Marketing outcomes depend on things outside our control: search and AI-platform algorithm changes, your market and competitors, your budget, your responsiveness, and the quality of what you give us.

We make no guarantee of any specific ranking, citation, lead volume, revenue or return on investment. Figures shown in marketing material or discussed during a sales conversation are illustrative and are not a warranty or a contractual commitment.

10. AI disclosure

FracMO uses AI — including Anthropic’s Claude API — for lead scoring, content drafting, audits and automation.

• Your data is not used to train third-party models.
• AI output can contain errors. Review anything a model produces before you publish it, send it, or act on it. You remain responsible for what goes out under your name.
• On Growth and Premium, a human reviews AI-assisted deliverables before they reach you.
• AI scores rank sales priority. They are not decisions about anyone’s credit, employment or legal rights.

11. Availability & support

We aim to keep FracMO available continuously, but we do not offer a contractual uptime guarantee on any plan, and the service is provided “as is” and “as available” to the extent the law allows. Planned maintenance is announced in advance where we can. Support is by email at carlos@fracmo.ai; Growth and Premium include the direct working relationship described on the pricing page.

12. Suspension & termination

We may suspend or terminate an account for non-payment after notice and a reasonable chance to fix it, for a breach of section 7, or where continuing would break the law or put the platform at risk. Where circumstances allow we will warn you first and give you a chance to put it right. Immediate suspension without warning is reserved for cases causing active harm — an ongoing spam run, a security incident, or unlawful content.

On termination for any reason, the export window in section 5 applies.

13. Limitation of liability

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to these Terms or the service — in contract, tort, negligence or otherwise — will not exceed the total fees you paid us in the three (3) months immediately before the claim.

We are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data or lost goodwill, even if we were told they were possible.

Nothing here limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence.

14. Governing law & disputes

These Terms are governed by the laws of the Republic of Chile, without regard to conflict-of-law rules. NetWebMedia is incorporated in Chile and subject to Chilean commercial law.

Any dispute arising out of or relating to these Terms — including breach, termination or validity — will be finally settled by binding arbitration administered by the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association, under its International Arbitration Rules. Arbitration will be conducted in English and the award is final and binding.

Either party may still seek emergency injunctive relief from a competent court to prevent irreparable harm while arbitration is pending. If you are a consumer, any non-waivable right you have to bring a claim in your local courts is unaffected.

15. Confidentiality

Each party will keep confidential any non-public information the other shares — business strategy, pricing, customer data, internal processes. The obligation survives termination by two (2) years, and indefinitely for personal data. It does not cover information that is public, independently developed, or required to be disclosed by law.

16. Changes to these Terms

We may update these Terms. We will change the date at the top and, for material changes, email active customers at least 14 days before they take effect. Continuing to use FracMO after that date means you accept the revised Terms; if you do not, cancel under section 5 before then. These Terms are published in English and Spanish; the English version is the governing one.

17. Contact

Questions about these Terms: carlos@fracmo.ai. FracMO is a product of NetWebMedia, La Serena, Chile.