Terms of Service
Bluesmith LLC
Effective date: September 14, 2026
Contact: jacob@bluesmith.us
These Terms of Service ("Terms") govern your use of bluesmith.us, the lead forms and messaging programs Bluesmith LLC ("Bluesmith," "we," "us") operates, and the services we provide to our business clients. By using our website, submitting a form we operate, or receiving messages from us, you agree to these Terms. If you do not agree, do not use our services.
1. Who we are and what we do
Bluesmith LLC is a marketing automation and web agency based in Fresno, California. We build websites, run advertising campaigns, and operate lead-handling and messaging systems on behalf of local service businesses ("Clients"). When you submit a form or receive a message through one of our systems, we are acting on behalf of the Client you contacted.
2. Who these Terms apply to
• Consumers who submit a lead form, quote request, or contact form run by Bluesmith on behalf of a Client, or who receive text messages or emails through our systems.
• Clients who engage Bluesmith for services. Client engagements are also governed by a separate written agreement or proposal. If these Terms conflict with a signed Client agreement, the signed agreement controls.
• Visitors to bluesmith.us.
3. Submitting a form
By submitting a form we operate, you confirm that the information you provide is accurate, that you are at least 18 years old, and that you are asking the named Client to contact you about your request. You agree that the Client, or Bluesmith on the Client's behalf, may contact you by phone, text message, or email about that request. Submitting a form does not create a contract for services with the Client. Any work is arranged directly between you and the Client under the Client's own terms.
4. Text messaging (SMS) terms
Bluesmith operates text messaging on its own behalf and on behalf of its Clients.
Program description. Messages may include lead, appointment, and system notifications sent to Client business owners and their staff, and, where a consumer has opted in, appointment confirmations and reminders, quote and estimate follow-ups, service updates, and replies to questions from the Client you contacted. Messages are transactional and conversational. We do not send unsolicited marketing texts.
Opt-in. You agree to receive text messages by submitting a form that discloses text messaging, checking a consent box, replying to a message we or a Client send you, or giving your mobile number to a Client for the purpose of being contacted about your request. Consent to receive text messages is not a condition of purchasing any goods or services.
Message frequency. Message frequency varies based on your interaction with the Client.
Cost. Message and data rates may apply. Contact your wireless carrier for details about your plan.
Opt-out. Reply STOP to any message to stop receiving texts from that sender. You will receive a one-time confirmation that you have been unsubscribed. No further messages will be sent to your number from that sender unless you opt in again. Reply START to resubscribe.
Help. Reply HELP to any message for assistance, or contact us at jacob@bluesmith.us or (844) 793-9037.
Carriers. Wireless carriers are not liable for delayed or undelivered messages.
Privacy. Mobile numbers and opt-in consent records are used only to deliver the messages described above. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy at bluesmith.us/privacy for full details.
5. Acceptable use
You agree not to:
• Submit false, misleading, or fraudulent information through any form we operate.
• Submit forms on behalf of someone else without their permission.
• Use our website, forms, or messaging systems to send spam, harass anyone, or violate any law.
• Attempt to access, probe, or disrupt our systems, servers, or the accounts of our Clients.
• Copy, scrape, or reproduce content from bluesmith.us without permission.
We may block, suspend, or remove any submission or user that violates these Terms.
6. Client responsibilities
Clients are responsible for:
• Providing accurate business information and lawful access to the accounts and platforms we connect to on their behalf.
• Their own compliance with laws that apply to contacting consumers, including the TCPA, CAN-SPAM, and state telemarketing laws, when they use leads or messaging tools we provide.
• Honoring consumer opt-out requests received through any channel.
• The content of any messages they ask us to send on their behalf.
• Their own handling of consumer data once it is delivered to them.
7. Intellectual property
The bluesmith.us website, our name, logos, designs, systems, workflows, and content are owned by Bluesmith LLC or our licensors. Work product created for a Client is licensed or assigned as described in that Client's agreement. Nothing in these Terms transfers ownership of Bluesmith's tools, templates, or internal systems.
8. Third-party platforms
Our services rely on third-party platforms, including Meta Platforms (Facebook and Instagram), Google, Twilio, Jobber, and our hosting providers. Those platforms have their own terms and policies, and we do not control their availability, pricing, or rules. We are not responsible for outages, policy changes, account restrictions, or data handling by third-party platforms.
9. No guarantees
We do not guarantee any specific number of leads, appointments, sales, rankings, or results from our services. Marketing outcomes depend on many factors outside our control, including advertising platform behavior, market conditions, and how quickly Clients respond to leads. Our website and services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the fullest extent permitted by law, Bluesmith LLC and its managers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising from your use of our website or services. Our total liability for any claim related to our services will not exceed the amount the Client paid Bluesmith for the specific service giving rise to the claim during the three months before the claim arose, or $100 for anyone who is not a paying Client.
11. Indemnification
You agree to defend and hold harmless Bluesmith LLC from claims, losses, and expenses, including reasonable attorney fees, arising from your violation of these Terms, your violation of any law, or, for Clients, your use of leads or messaging tools in a way that violates consumer protection laws.
12. Termination
We may suspend or end your access to our website or services at any time if you violate these Terms. Clients may end an engagement as described in their agreement. Sections 7, 9, 10, 11, and 13 survive termination.
13. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict of law rules. Any dispute arising from these Terms or our services will be resolved in the state or federal courts located in Fresno County, California, and you consent to the jurisdiction of those courts.
14. Changes to these Terms
We may update these Terms from time to time. The effective date at the top reflects the latest version. Continued use of our website or services after changes are posted means you accept the updated Terms.
15. Contact
Bluesmith LLC
Fresno, California
jacob@bluesmith.us
(844) 793-9037
