Terms of Service

1. Agreement to Terms

By engaging True Fulcrum for services, accessing this website, or executing a Statement of Work (SOW) or service agreement, you agree to be bound by these Terms of Service. If you do not agree, do not use our services or this website.

These Terms apply to all visitors, clients, and anyone who accesses or uses our services.

2. Services

True Fulcrum provides fractional Chief Marketing Officer (CMO) services, Chief Revenue Officer (CRO) services, marketing strategy consulting, content strategy, HubSpot implementation, lead generation systems, brand positioning, and related marketing services as outlined in individual Statements of Work or service agreements.

The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate written agreement between True Fulcrum and the client. In the event of a conflict between these Terms and a signed SOW, the SOW governs.

3. Payment Terms

Invoices are due within the timeframe specified in your service agreement (standard: Net 10).

Retainer fees are due at the beginning of each billing period.

Late payments beyond 15 days may result in a pause of services until the account is current.

All fees are non-refundable unless otherwise stated in writing in your service agreement.

True Fulcrum reserves the right to charge interest of 1.5% per month on overdue balances.

4. Intellectual Property

Client-owned work: Upon receipt of full payment, any deliverables created specifically for a client (copy, strategy documents, content calendars, campaign assets) become the client's property.

True Fulcrum-owned tools and frameworks: Proprietary frameworks, templates, methodologies, processes, and tools developed by True Fulcrum remain the sole property of True Fulcrum. Clients receive a license to use these tools during the engagement. This license does not transfer ownership.

Third-party tools: Any software, platforms, or tools licensed from third parties are subject to their respective terms of service. True Fulcrum is not responsible for changes to third-party tools or platforms.

5. Confidentiality

True Fulcrum agrees to keep all client business information, financials, strategies, customer data, and proprietary information strictly confidential. This obligation survives termination of the engagement.

Clients agree to keep True Fulcrum's pricing, methodologies, and proprietary processes confidential.

6. Limitation of Liability

True Fulcrum's total liability for any claims arising out of or related to services provided shall not exceed the total fees paid by the client in the three (3) months preceding the claim.

True Fulcrum is not liable for:

Indirect, incidental, or consequential damages

Loss of revenue, profits, or business opportunities

Results that depend on factors outside True Fulcrum's control (market conditions, platform algorithm changes, third-party actions, etc.)

Marketing outcomes are not guaranteed. True Fulcrum provides strategic guidance and execution support based on best practices and professional experience. Results vary based on client-specific factors.

7. Client Responsibilities

Clients agree to:

Provide timely access to necessary information, accounts, and stakeholders

Designate a point of contact with decision-making authority

Review and approve deliverables within agreed timeframes

Provide accurate and complete information relevant to the engagement

Delays caused by the client's failure to fulfill these responsibilities may affect timelines and deliverables without penalty to True Fulcrum.

8. Termination

Either party may terminate a service agreement with 30 days written notice unless otherwise specified in the SOW.

Upon termination:

All outstanding invoices become immediately due

True Fulcrum will provide all completed deliverables paid for to date

Work in progress will be delivered in its current state

Client access to any True Fulcrum proprietary tools or systems will be revoked

9. Non-Solicitation

During an engagement and for 12 months following its conclusion, clients agree not to directly solicit or hire any True Fulcrum employees, contractors, or subcontractors who were involved in the engagement.

10. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes shall be resolved in the courts of Denton County, Texas, or through binding arbitration as mutually agreed.

11. Changes to These Terms

True Fulcrum reserves the right to update these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of services after changes constitutes acceptance of the revised Terms.

12. Contact

True Fulcrum
Darrin Caldwell, Fractional CMO & Founder

3101 Fallow Circle,
Flower Mound, TX 75028

Darrin@ccvsuite.com